(1)Before making an order under section 2A the Secretary of State—
(a)must consult as mentioned in subsection (2), or
(b)must have received a recommendation from the Advisory Council to make the order.
(2)The Secretary of State must consult—
(a)the Advisory Council, or
(b)if the order is to be made under section 2A(1) and the urgency condition applies, the person mentioned in subsection (3).
(3)The person referred to in subsection (2)(b) is—
(a)the person who is for the time being the chairman of the Advisory Council appointed under paragraph 1(3) of Schedule 1, or
(b)if that person has delegated the function of responding to consultation under subsection (1)(a) to another member of the Advisory Council, that other member.
(4)The “urgency condition” applies if it appears to the Secretary of State that the misuse of the substance or product to be specified in the order as a drug subject to temporary control, or the likelihood of its misuse, poses an urgent and significant threat to public safety or health.
(5)The duty of the Advisory Council or any other person consulted under subsection (1)(a) is limited to giving to the Secretary of State that person's opinion as to whether the order in question should be made.
(6)A recommendation under subsection (1)(b) that a temporary class drug order should be made may be given by the Advisory Council only if it appears to the Council that—
(a)the substance or product is a drug that is being, or is likely to be, misused, and
(b)that misuse is having, or is capable of having, harmful effects.]
Textual Amendments
F1Ss. 2A, 2B inserted (15.11.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 17 para. 3; S.I. 2011/2515, art. 3(g)