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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Misuse of Drugs (Miscellaneous Amendments) (No. 4) (Jersey) Order 2013

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 19 December 2013:

Decision Reference:   MD-HSS-2013-0058

Decision Summary Title :

Misuse of Drugs (Miscellaneous Amendments) (No. 4) (Jersey) Order 2013

Date of Decision Summary:

19th December 2013

Decision Summary Author:

 

Chief Pharmacist

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Misuse of Drugs (Miscellaneous Amendments) (No. 4) (Jersey) Order 2013

Date of Written Report:

19th December 2013

Written Report Author:

Chief Pharmacist

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Misuse of Drugs (Miscellaneous Amendments) (No. 4) (Jersey) Order 2013

Decision(s):

The Minister made the Misuse of Drugs (Miscellaneous Amendments) (No.4) (Jersey) Order 2013

Reason(s) for Decision:

The Minister, having previously endorsed the recommendations of the Misuse of Drugs Advisory Council, made the Order to classify a range of substances, including ethylphenidate, as controlled drugs under the Misuse of Drugs (Jersey) Law 1978, add buprenorphine to the list of controlled drugs which can only be prescribed for the purposes of managing addiction in accordance with a licence, and enable nurse independent prescribers to prescribe, possess, supply, offer to supply, administer and give directions for the administration of controlled drugs.

Resource Implications:

None

Action required:

  1. The Minister to sign, date and seal the Orders.
  2. To forward the signed and sealed Orders to the Publications Editor at the States Greffe and request the Greffier of the States to notify the making of the Order to the States.

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Misuse of Drugs (Miscellaneous Amendments) (No. 4) (Jersey) Order 2013

STATES OF JERSEY

 

HEALTH AND SOCIAL SERVICES DEPARTMENT

 

Misuse of Drugs (Miscellaneous Amendments) (No. 4) (Jersey) Order 2013

 

 

 

  1. Background

 

The Misuse of Drugs Advisory Council (MDAC) is established in accordance with Article 2 of the Misuse of Drugs (Jersey) Law 1978 and has a duty to advise the Minister on measures, which in its opinion, should be taken to prevent the misuse of drugs and/or to deal with the social problems connected with drug abuse.

 

The MDAC has previously recommended to the Minister that a number of substances, including ethylphenidate, be classified as controlled drugs under the provisions of the Misuse of Drugs (Jersey) Law 1978. The MDAC also recommended that buprenorphine be added to the list of substances which can only be prescribed for the purposes of managing addiction in accordance with the terms of a licence. The MDAC further recommended that nurse independent prescribers be able to prescribe, possess, supply, offer to supply, administer and give directions for the administration of controlled drugs.

 

The Minister has previously endorsed the recommendations of the Misuse of Drugs Advisory Council and accordingly determined that an amendment to the Misuse of Drugs (Jersey) Law 1978, as amended, should be prepared.

 

The Misuse of Drugs (Miscellaneous Amendments) (No. 4) (Jersey) Order 2013 makes the necessary amendments to the Misuse of Drugs (Jersey) Law 1978 and associated subordinate legislation.

 

 

 

  1. Recommendation

 

The Minister is recommended to make the following Order which will come into effect the day after it is made other than the provisions relating to tramadol which will come into effect on 1st April 2014

 

   Misuse of Drugs (Miscellaneous Amendments) (No. 4) (Jersey) Order 2013

 

 

 

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