The Controlled Drugs (Supervision of Management and Use) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/373 |
| Year | 2013 |
(1) These Regulations may be cited as the Controlled Drugs (Supervision of Management and Use) Regulations 2013 and come into force on 1st April 2013.(2) These Regulations apply in relation to England and Scotland.(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .carry out a review of the regulatory provision contained in these Regulations; andpublish a report setting out the conclusions of the review.(2) The first report must be published before 30th March 2025.(3) Subsequent reports must be published at intervals not exceeding 5 years.set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1) (a) ;assess the extent to which those objectives are achieved;assess whether those objectives remain appropriate; andif those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act) .(1) In these Regulations—
- “the 1978 Act” means the National Health Service (Scotland) Act 1978 ;
- “the 2006 Act” means the National Health Service Act 2006 ;
- “care home”, as regards—
- (a) England, has the meaning given in section 3 of the Care Standards Act 2000 (care homes) ; or
- (b) Scotland, has the meaning given in relation to a care home service in paragraph 2 of Schedule 12 to the Public Services Reform (Scotland) Act 2010 (care services: definitions – care home service) ;
- “the Care Inspectorate” means Social Care and Social Work Improvement Scotland, established by section 44 of the Public Services Reform (Scotland) Act 2010 (Social Care and Social Work Improvement Scotland) ; ...
- “commissioning body” is to be construed in accordance with regulation 7(3) (a) ;
- “Common Services Agency” means the body of that name constituted by section 10 of the 1978 Act (Common Services Agency) ;
- “CQC” means the Care Quality Commission established by section 1 of the Health and Social Care Act 2008 (the Care Quality Commission) ;
- “designated body”, as regards—
- (a) England, is to be construed in accordance with regulation 7(1) ; or
- (b) Scotland, is to be construed in accordance with regulation 7(2) ;
- “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
- “English independent hospital” is to be construed in accordance with regulation 3;
- “Health Board” means, except in the phrase “Special Health Board”, a board which is constituted by order under, and called a Health Board by virtue of, section 2(1) (a) of the 1978 Act (Health Boards) ;
- “the health service” means—
- (a) as regards England, the health service continued under section 1(1) of the 2006 Act (Secretary of State's duty to promote comprehensive health service) ; and
- (b) as regards Scotland, the health service established in pursuance of section 1 of the National Health Service (Scotland) Act 1947 (duty of Secretary of State) ;
- “HIS” means Healthcare Improvement Scotland established by section 10A of the 1978 Act (Healthcare Improvement Scotland) ;
- “hospital” means an institution or home which is—
- (a) an institution for the reception and treatment of persons suffering from illness (whether relating to physical or mental health) ;
- (b) a maternity home;
- (c) an institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation (including where such treatment is as a consequence of procedures that are similar to forms of medical or surgical care but are not provided in connection with medical conditions) ; or
- (d) as regards Scotland, an institution providing dental treatment maintained in connection with a dental school,
- F49“integrated care board” means an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;
- “local authority”, as regards—
- (a) England, has the meaning given in section 2B(5) of the 2006 Act (functions of local authorities and Secretary of State as to improvement of public health) ; and
- (b) Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils) and also includes a joint board or joint committee with the meanings given in section 235(1) of the Local Government (Scotland) Act 1973 (general provisions as to interpretation) ;
- “local intelligence network” is to be construed in accordance with regulation 14(2) ;
- “local intelligence network area” is to be construed in accordance with regulation 14(1) ;
- “local lead CDAO” is to be construed in accordance with regulation 14(4) ;
- “National Waiting Times Centre Board” means the Special Health Board of that name constituted by the National Waiting Times Centre Board (Scotland) Order 2002 ;
- “NHSBSA” means the NHS Business Services Authority established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 ;
- “NHSCB” means the National Health Service Commissioning Board established by section 1H of the 2006 Act (the National Health Service Commissioning Board and its general functions) ; ...
- “NHS foundation trust” means a corporation of the type referred to in section 30(1) of the 2006 Act (NHS foundation trusts) ;
- “NHS trust” means a body that is an NHS Trust for the purposes of the 2006 Act other than an NHS Trust established under the National Health Service (Wales) Act 2006 ;
- “provider body” is to be construed in accordance with regulation 7(3) (b) ;
- “regular force” means the Royal Air Force, the Royal Navy, the Royal Marines or the regular army ...;
- “regulatory body” means a body referred to in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (the Professional Standards Authority for Health and Social Care) ;
- “relevant activities” means activities that involve, or may involve, the management or use of controlled drugs;
- “relevant person” is to be construed in accordance with regulation 5;
- “relevant services” means services that involve, or may involve, the management or use of controlled drugs;
- F40“reserve force” means the Royal Fleet Reserve, the Royal Naval Reserve, the Royal Marines Reserve, the Regular Reserve, the Army Reserve, the Air Force Reserve or the Royal Auxiliary Air Force;
- “Scottish Ambulance Service Board” means the Special Health Board of that name constituted by the Scottish Ambulance Service Board Order 1999 ;
- “Scottish Counter Fraud Services” means NHSScotland Counter Fraud Services, which is part of the Common Services Agency;
- “Scottish independent hospital” is to be construed in accordance with regulation 4;
- “senior manager”, in relation to a body or undertaking means one of the individuals who play significant roles in—
- (a) the making of decisions about how the whole or a substantial part of its activities are to be managed or organised; or
- (b) the actual managing or organising of the whole or a substantial part of those activities;
- “Special Health Board” means a board which is constituted by order under, and called a Special Health Board by virtue of, section 2(1) (b) of the 1978 Act ;
- “the State Hospitals Board for Scotland” means the Special Health Board of that name constituted by the State Hospitals Board for Scotland Order 1995 .
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