Poisons (Midwifery Substances) Order 2026

Poisons (Midwifery Substances) Order 2026

I make the following order under section 3 of the Poisons Act 1971 .

BRIDGET ARCHER

Minister for Health, Mental Health and Wellbeing

1.   Short title

This order may be cited as the Poisons (Midwifery Substances) Order 2026 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

(1)  In this order, unless the contrary intention appears –

Act means the Poisons Act 1971 .

(2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if this order were by-laws.

(3)  Unless the contrary intention appears, a reference to a substance declared to be a midwifery narcotic substance or a midwifery restricted substance by this order includes –

(a) that substance prepared from natural sources or artificially; and

(b) where the substance is a plant (other than a plant included in Schedule 8 or 9 to the Poisons List or a prohibited plant), that plant, or any part of it, when packed or prepared for therapeutic use; and

(c) any salt, active principal or derivative of the substance, including esters and ethers and any salt of the active principal or derivative; and

(d) any alkaloid of the substance and any salt of the alkaloid; and

(e) any stereo-isomer of the substance and any salt of the stereo-isomer; and

(f) any recombinant form of the substance; and

(g) a preparation or admixture containing any proportion of the substance –

but does not include –

(h) a plant included in Schedule 8 or 9 to the Poisons List, a prohibited plant, or a seed, extract or resin of such plants; or

(i) a preparation or product included in Appendix A to the Uniform Standard; or

(j) a substance included in Appendix G to the Uniform Standard at a concentration not exceeding the concentration specified in column 2 of that Appendix in respect of that substance; or

(k) any other substance included in Schedules 1 to 6, inclusive, to the Poisons List at a concentration not exceeding 10mg per litre or 10mg per kilogram, unless that substance is also included in Schedule 7 or 8 to that List.

(4)  Unless the contrary intention appears, if a concentration, strength or quantity is specified in the Poisons List in respect of a substance declared to be a midwifery narcotic substance or a midwifery restricted substance by this order –

(a) if the substance is present as a salt, active principal or derivative (including an ester or ether), the concentration, strength or quantity is calculated as the equivalent amount of the substance that is listed in the Poisons List; and

(b) the expression "1%" means –

(i) in the case of a liquid preparation, one gram of the substance per 100ml of the preparation; or

(ii) in the case of a solid or semi-solid preparation, one gram of the substance per 100 grams of the preparation –

and any expression of a greater or lesser percentage has a corresponding meaning; and

(c) in the case of codeine, such concentration, strength or quantity is calculated as anhydrous codeine.

4.   Declaration of midwifery narcotic substances

For the purposes of the definition of midwifery narcotic substance in section 3(1) of the Act, the narcotic substances listed in Schedule 8 to the Poisons List are declared to be midwifery narcotic substances.

5.   Declaration of midwifery restricted substances

For the purposes of the definition of midwifery restricted substance in section 3(1) of the Act, the restricted substances listed in Schedule 4 to the Poisons List are declared to be midwifery restricted substances.

6.   Legislation revoked

The legislation specified in Schedule 1 is revoked.

SCHEDULE 1 - Legislation revoked

Clause 6

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 7 October 2026

This order is administered in the Department of Health.