Page:Misuse of Drugs Act 1971 (UKPGA 1971-38 qp).pdf/21

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Misuse of Drugs Act 1971
c. 3817

Further powers to make regulations. 22. The Secretary of State may by regulations make provision—

(a) for excluding in such cases as may be prescribed—
(i) the application of any provision of this Act which creates an offence; or
(ii) the application of any of the following provisions of the 1952 c. 44.Customs and Excise Act 1952, that is to say sections 45(1), 56(2) and 304, in so far as they apply in relation to a prohibition or restriction on importation or exportation having effect by virtue of section 3 of this Act;
(b) for applying any of the provisions of sections 14 to 16 of this Act and Schedule 3 thereto, with such modifications (if any) as may be prescribed—
(i) in relation to any proposal by the Secretary of State to give a direction under section 12(2) of this Act; or
(ii) for such purposes of regulations under this Act as may be prescribed;
(c) for the application of any of the provisions of this Act or regulations or orders thereunder to servants or agents of the Crown, subject to such exceptions, adaptations and modifications as may be prescribed.

Law enforcement and punishment of offences

Powers to search and obtain evidence. 23.—(1) A constable or other person authorised in that behalf by a general or special order of the Secretary of State (or in Northern Ireland either of the Secretary of State or the Ministry of Home Affairs for Northern Ireland) shall, for the purposes of the execution of this Act, have power to enter the premises of a person carrying on business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs.

(2) If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act or of any regulations made thereunder, the constable may—

(a) search that person, and detain him for the purpose of searching him;
(b) search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;