Misuse of Drugs (Amendment) (Bailiwick of Guernsey) Law, 2000

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PROJET DE LOI

ENTITLED

The Misuse of Drugs (Amendment) (Bailiwick of Guernsey) Law, 2000

THE STATES, in pursuance of their Resolution of 28th October, 1998[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of Law in the Bailiwick of Guernsey.

Power to make provision by Order

1. (1) In the Misuse of Drugs (Bailiwick of Guernsey) Law, 1974 as amended[b] ("the 1974 Law") -

(a) except in sections 33(4) and 34(2), for "Ordinance", wherever appearing, substitute "Order", and for "Ordinances", wherever appearing, substitute "Orders";

(b) in sections 6(1), 9(1), 21 where first appearing, and 30(1)(c), for "States" substitute "Board";

(d) in section 6(3), for "the States shall so exercise their power" substitute "the Board shall so exercise its power" ;

(e) section 6(5) is repealed;

(f) immediately after section 30(2) insert:

"(3) Any Order made under this Law must be laid as soon as possible before a meeting of the States; and if at that or their next meeting the States resolve that the Order be annulled it shall cease to have effect, but without prejudice to anything done under it or to the making of a new Order. ".

(2) The provisions of any Ordinance made by the States before this Law comes into force

(a) shall continue to have effect thereafter notwithstanding the amendments made to the 1974 Law by subsection (1) of this section; but

(b) may be repealed by an Order made by the Board under the 1974 Law as so amended, and expressed to replace those provisions of that Ordinance.

(3) In respect of such an Ordinance, and in respect of such an

Order -

(a) section 19 of the Interpretation (Guernsey) Law. 1948[c] applies as if the Order were an enactment, and

(b) any licence granted, and any other thing done, pursuant to a repealed provision of the Ordinance, and which is capable of being granted or done pursuant to a provision of the Order, shall have effect as if granted or done (on the date when it was in fact granted or done) pursuant to that provision of the Order.

Updated definitions of "medical practitioner" etc.

2. In section 32(1) of the 1974 Law, for the definitions of "medical practitioner", "dentist", "veterinary surgeon" and "pharmacist" substitute:

" "medical practitioner", "dentist", "veterinary surgeon" and "pharmacist" mean respectively:

(a) in relation to the Islands of Guernsey, Herm, Jethou and Alderney, a recognised medical practitioner, recognised dentist, recognised veterinary surgeon and recognised pharmacist, within the meaning of the law for the time being in force in each of those Islands;

(b) in relation to the Island of Sark, a person practising there as a medical practitioner, dentist, veterinary surgeon or pharmacist, and approved by the Board for the purposes of this Law; ".

Citation and construction

3. (1) This Law may be cited as the Misuse of Drugs (Amendment) (Bailiwick of Guernsey) Law, 2000

(2) This Law and the 1974 Law are to be construed as one.

Commencement

4. This Law shall come into force on the first day of the month following that in which it is registered on the records of the Island of Guernsey.

[a]	Article 14 of Billet d'État No. XXII of 1998.
[b]	Ordres en Conseil Vol. XXIV, p.273; Vol. XXVIII, p.307; Vol. XXXI,p.47; No. XIII of 1991; No. V of 1992; No. XVI of 1995.
[c]	Ordres en Conseil Vol.XIII, p.355