APPENDIX 5
Memorandum from the Home Office
Misuse of Drugs Regulations 2001 (S.I. 2001/3998)
(1) Explain why regulation 2(1) defines "document"
as having the same meaning as in Part I of the Civil Evidence
Act 1968, given that Part I has been repealed by the Civil Evidence
Act 1995, and why (instead of referring the reader to the 1968
Act) it does not set out the definition in full.
1. The Department accepts the points made by the
Committee and apologises for the fact that in consolidating the
previous regulations, the reference to the Civil Evidence Act
1968 was not updated and expanded. This defect will be corrected
at the earliest convenient opportunity.
(2) Explain, in the light of the Postal Services
Act 2000, why the exemption in regulation 6(7)(c) is restricted
to a person engaged in the business of the Post Office.
2. The Department also acknowledges that the reference
to the Post Office ought to have been updated in the light of
the Postal Services Act 2000. In practice those concerned in the
business of transporting drugs controlled drugs are likely in
any event to come within the exemption in regulation 6(7)(b) (a
person engaged in the business of a carrier). Nevertheless this
defect will also be corrected at the earliest convenient opportunity.
28th January 2002
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