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26.—(1) The persons specified in paragraph (2) shall on demand made by the Secretary of State or by any person authorised in writing by the Secretary of State in that behalf—
(a)furnish such particulars as may be requested in respect of the producing, obtaining or supplying by him of any controlled drug or in respect of any stock of such drugs in his possession;
(b)for the purpose of confirming any such particulars, produce any stock of such drugs in his possession;
(c)produce any register, book or document required to be kept under these Regulations relating to any dealings in controlled drugs which is in his possession.
[F1(1A) For the purposes of paragraph (1)(c), the Secretary of State or any person authorised in writing by the Secretary of State in that behalf may request that a register which is kept in computerised form be produced by sending a copy of it, in computerised or other form, to the appropriate person.]
(2) The persons referred to in paragraph (1) are—
(a)any person authorised by or under these Regulations to produce any controlled drug;
(b)any person authorised by or under any provision of the Act to import or export any controlled drug;
(c)a wholesale dealer;
(d)a retail dealer;
(e)a practitioner;
(f)the person in charge or acting person in charge of [F2a hospital, organisation providing ambulance services] or [F3care home];
(g)a person who is in charge of a laboratory;
(h)a person who is authorised under regulation 9(4)(a) to supply any controlled drug.
[F4(i)a supplementary prescriber];
[F5(j)a nurse independent prescriber]
[F6(k)a registered chiropodist or registered podiatrist;
(l)a paramedic independent prescriber;
(m)a therapeutic radiographer independent prescriber.]
(3) Nothing in this regulation shall require the furnishing of personal records which a person has acquired or created in the course of his profession or occupation and which he holds in confidence; and in this paragraph “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating to his physical or mental health.
Textual Amendments
F1Reg. 26(1A) inserted (14.11.2005) by The Misuse of Drugs and the Misuse of Drugs (Supply to Addicts) (Amendment) Regulations 2005 (S.I. 2005/2864), regs. 1(1), 12
F2Words in reg. 26(2)(f) substituted (1.6.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 16
F3Words in reg. 26(2) substituted (16.8.2007) by The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations 2007 (S.I. 2007/2154), regs. 2(1), 4(3)(g)
F4Reg. 26(2)(i) inserted (14.3.2005) by The Misuse of Drugs (Amendment) Regulations 2005 (S.I. 2005/271), regs. 1, 2(11)
F5Reg. 26(2)(j) inserted (23.4.2012) by The Misuse of Drugs (Amendment No.2) (England, Wales and Scotland) Regulations 2012 (S.I. 2012/973), regs. 1(1), 14