(1) An application for a search warrant may be made without notice being given to persons who might be affected by the warrant.
(2) The application must be supported—
(a) in England and Wales, by an information in writing;
(b) in Scotland, by evidence on oath;
(c) in Northern Ireland, by a complaint on oath.
(3) A person applying for a search warrant must answer on oath any question that the justice hearing the application asks the person.
In the case of an application made by a procurator fiscal, that requirement may be met by a relevant enforcement officer.
(4) A search warrant may be executed by any relevant enforcement officer.
(5) A search warrant may authorise persons to accompany any relevant enforcement officer who is executing it.
(6) A person authorised under subsection (5) to accompany a relevant enforcement officer may exercise any power conferred by sections 39 to 45 which the officer may exercise as a result of the warrant.
But the person may exercise such a power only in the company of, and under the supervision of, a relevant enforcement officer.
(7) Schedule 3 contains further provision about—
(a) applications for search warrants made in England and Wales or Northern Ireland, and
(b) search warrants issued in England and Wales or Northern Ireland.
(8) An entry on or search of premises under a search warrant issued in England and Wales or Northern Ireland is unlawful unless it complies with the provisions of Part 3 of that Schedule (execution of search warrants).
(1) This section applies where a relevant enforcement officer is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises.
(2) The officer may examine anything that is in or on the premises.
(3) The officer may carry out any measurement or test of anything which the officer has power under this section to examine.
(4) The power conferred by subsection (3) includes power to take a sample from any live plant.
(5) For the purpose of exercising—
(a) a power of search conferred by section 37, 38 or 39, or
(b) any power conferred by this section,
the officer may, so far as is reasonably necessary for that purpose, break open any container or other locked thing.
(6) The officer may require any person in or on the premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of—
(a) a power of search conferred by section 37, 38 or 39, or
(b) any power conferred by this section.
(7) Nothing in this section confers any power to search a person.
(1) This section applies where a relevant enforcement officer is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises.
(2) The officer may require any person in or on the premises to produce any document or record that is in the person's possession or control.
(3) A reference in this section to the production of a document includes a reference to the production of—
(a) a hard copy of information recorded otherwise than in hard copy form, or
(b) information in a form from which a hard copy can be readily obtained.
(4) For the purposes of this section—
(a) information is recorded in hard copy form if it is recorded in a paper copy or similar form capable of being read (and references to hard copy have a corresponding meaning);
(b) information can be read only if—
(i) it can be read with the naked eye, or
(ii) to the extent that it consists of images (for example photographs, pictures, maps, plans or drawings), it can be seen with the naked eye.
(1) A police or customs officer who is exercising the power of search conferred by section 36 may seize and detain anything found in the course of the search.
(2) This subsection applies where a relevant enforcement officer—
(a) is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises, or
(b) is otherwise lawfully on premises.
(3) Where subsection (2) applies, the officer may—
(a) seize and detain or remove any item found on the premises;
(b) take copies of or extracts from any document or record found on the premises.
(4) A relevant enforcement officer to whom any document or record has been produced in accordance with a requirement imposed under section 42 may—
(a) seize and detain or remove that document or record;
(b) take copies of or extracts from that document or record.
In this subsection “document” includes anything falling within paragraph (a) or (b) of section 42(3).
(5) The powers under this section may only be exercised—
(a) for the purposes of determining whether an offence under any of sections 4 to 9 or section 26 has been committed, or
(b) in relation to an item which a relevant enforcement officer reasonably believes to be—
(i) relevant evidence, or
(ii) a psychoactive substance (whether or not it is relevant evidence).
(6) Nothing in this section confers power on a relevant enforcement officer to seize an item which is an excluded item (see section 44).
(1) This section defines what is meant by “excluded items” for the purposes of section 43.
(2) In England and Wales “excluded items” means—
(a) items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
(b) excluded material, within the meaning of that Act (see section 11 of that Act);
(c) special procedure material, within the meaning of that Act (see section 14 of that Act).
(3) In Scotland “excluded items” means items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings.
(4) In Northern Ireland “excluded items” means—
(a) items subject to legal privilege, within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order);
(b) excluded material, within the meaning of that Order (see Article 13 of that Order);
(c) special procedure material, within the meaning of that Order (see Article 16 of that Order).
45 Further provision about seizure under section 43
(1) Where—
(a) any items which a relevant enforcement officer wishes to seize and remove are in a container, and
(b) the officer reasonably considers that it would facilitate the seizure and removal of the items if they remained in the container for that purpose,
any power to seize and remove the items conferred by section 43 includes power to seize and remove the container.
(2) If a container is seized under this section, reasonable efforts must be made to return it to—
(a) the person from whom it was seized, or
(b) (if different) a person to whom it belongs.
(3) Subsection (2) does not apply—
(a) if the container appears to be of negligible value,
(b) if it is not practicable for the container to be returned, or
(c) while the container is or may be needed for use as evidence at a trial for an offence.
(4) If, in the opinion of a relevant enforcement officer, it is not for the time being practicable for the officer to seize and remove any item, the officer may require—
(a) the person from whom the item is being seized, or
(b) where the officer is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises, any person in or on the premises,
to secure that the item is not removed or otherwise interfered with until such time as the officer may seize and remove it.
46 Notices and records in relation to seized items
(1) This section applies where a relevant enforcement officer, or a person accompanying a relevant enforcement officer, seizes any item under section 43.
(2) When the item is seized, the officer must make reasonable efforts to give written notice to each of the following persons—
(a) in the case of an item seized from a person, the person from whom the item was seized;
(b) in the case of an item seized from premises, any person who appears to the officer to be the occupier of the premises or otherwise to be in charge of the premises;
(c) if the officer thinks that the item may belong to any person not falling within paragraph (a) or (b), that other person.
A person falling within any of paragraphs (a) to (c) is referred to in this section as an “affected person”.
(3) If—
(a) the item is seized from premises, and
(b) at the time of the seizure it is not reasonably practicable to give a notice to any affected person,
the officer must leave a copy of the notice in a prominent place on the premises.
(4) The notice must—
(a) state what has been seized and the reason for its seizure;
(b) specify any offence which the officer believes has been committed;
(c) explain the effect of sections 49 to 51 and 53.
(5) The officer must make a record of what has been seized.
(6) If a person who appears to a relevant enforcement officer to be an affected person asks for a copy of that record, the officer must, within a reasonable time, provide a copy of that record to that person.
47 Powers of entry, search and seizure: supplementary provision
(1) A relevant enforcement officer may use reasonable force, if necessary, for the purpose of exercising any power conferred by sections 36 to 45.
(2) A person authorised under section 40(5) to accompany a relevant enforcement officer may use reasonable force, if necessary, for the purpose of exercising any power conferred by sections 39 to 45.
(3) The powers conferred on a relevant enforcement officer by any of sections 36 to 45 do not affect any powers exercisable by the officer apart from that section.
(1) A person commits an offence if, without reasonable excuse, the person intentionally obstructs a relevant enforcement officer in the performance of any of the officer's functions under sections 36 to 45.
(2) A person commits an offence if—
(a) the person fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by a relevant enforcement officer in the exercise of any power conferred by sections 37 to 45, or
(b) the person prevents any other person from complying with any such requirement or direction.
(3) In this section any reference to a relevant enforcement officer includes a reference to a person authorised under section 40(5) to accompany a relevant enforcement officer.
(4) A person who is guilty of an offence under this section is liable—
(a) on summary conviction in England and Wales, to either or both of the following—
(i) imprisonment for a term not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003);
(ii) a fine;
(b) on summary conviction in Scotland, to either or both of the following—
(i) imprisonment for a term not exceeding 12 months;
(ii) a fine not exceeding level 5 on the standard scale;
(c) on summary conviction in Northern Ireland, to either or both of the following—
(i) imprisonment for a term not exceeding 6 months;
(ii) a fine not exceeding level 5 on the standard scale.
(1) This section applies to any item seized under section 43.
(2) The item may be retained so long as is necessary in all the circumstances and in particular—
(a) for use as evidence at a trial for an offence under this Act, or
(b) for forensic examination or for investigation in connection with an offence under this Act.
(3) No item may be retained for either of the purposes mentioned in subsection (2) if a photograph or a copy would be sufficient for that purpose.
50 Power of police, etc to dispose of seized psychoactive substances
(1) This section applies if—
(a) a police or customs officer has seized an item found during the course of a search under section 36, 37 or 38,
(b) the search was carried out in a place to which the officer lawfully had access without a warrant (whether issued under this Act or under any other enactment),
(c) the officer reasonably believes that the item—
(i) is a psychoactive substance which, if it had not been seized, was likely to be consumed by an individual for its psychoactive effects, but
(ii) is not evidence of any offence under this Act, and
(d) the officer has no reason to believe that, at the time of the seizure, the item was being used for the purposes of, or in connection with, an exempted activity carried on by a person entitled to the item.
(2) The officer may dispose of the item in whatever way the officer thinks is suitable.
(3) For the purposes of this section—
(a) an activity is an “exempted activity” in relation to a person if the carrying on of the activity by that person would not be an offence under this Act by virtue of section 11;
(b) the persons “entitled” to an item are—
(i) the person from whom it was seized;
(ii) (if different) any person to whom it belongs.
(4) In this section “enactment” includes—
(a) an enactment contained in subordinate legislation;
(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
(c) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.
51 Forfeiture of seized items by court on application
(1) A relevant enforcement officer may apply to the appropriate court for the forfeiture of an item retained under section 49.
(2) Where an application for the forfeiture of an item is made under this section, the item is to be retained while proceedings on the application are in progress.
(3) If the court is satisfied that—
(a) the item is a psychoactive substance which, if it had not been seized, was likely to be consumed by an individual for its psychoactive effects, and
(b) at the time of its seizure, the item was not being used for the purposes of, or in connection with, an exempted activity (see subsection (12)) carried on by a person entitled to the item,
the court must order the forfeiture of the item.
(4) If the item is not a psychoactive substance, the court may order the forfeiture of the item if satisfied that it has been used in the commission of an offence under this Act.
(5) Where an order for forfeiture of an item is made under subsection (3) or (4), the item may be disposed of in whatever way the officer who applied for the order, or another relevant enforcement officer acting on behalf of the same person as that officer, thinks is suitable.
(6) But the item may not be disposed of under subsection (5)—
(a) before the end of the period within which an appeal under section 52 may be made against the order, or
(b) if such an appeal is made, before it is determined or otherwise dealt with.
(7) If either subsection (8) or (9) applies in relation to an item, the court must order the item to be returned to a person entitled to it.
(For provision enabling an application for an order under this subsection to be made, see section 53.)
(8) This subsection applies in relation to an item if the court is not satisfied that the item—
(a) is a psychoactive substance, or
(b) has been used in the commission of an offence under this Act.
(9) This subsection applies in relation to an item if—
(a) the item is a psychoactive substance, and
(b) the court is satisfied that—
(i) if the item had not been seized, it was not likely to be consumed by any individual for its psychoactive effects, or
(ii) at the time of its seizure, the item was being used for the purposes of, or in connection with, an exempted activity carried on by a person entitled to the item.
(10) Where an order for the return of an item is made under subsection (7), the item may nevertheless be retained—
(a) until the end of the period within which an appeal under section 52 may be made against the order, or
(b) if such an appeal is made, until the time when it is determined or otherwise dealt with.
But if it is decided before the end of the period mentioned in paragraph (a) that there is to be no appeal, the item must be returned as soon as possible after that decision is made.
(11) In this section “the appropriate court” means—
(a) in relation to England and Wales—
(i) where the person in respect of whom the application is made is an individual who is under the age of 18, a youth court, and
(ii) in any other case, a magistrates' court;
(b) in relation to Scotland, the sheriff;
(c) in relation to Northern Ireland—
(i) where the person in respect of whom the application is made is an individual who is under the age of 18, a youth court, and
(ii) in any other case, a court of summary jurisdiction.
(12) For the purposes of this section—
(a) an activity is an “exempted activity” in relation to a person if the carrying on of the activity by that person would not be an offence under this Act by virtue of section 11;
(b) the persons “entitled” to an item are—
(i) the person from whom it was seized;
(ii) (if different) any person to whom it belongs.
(1) Where an order has been made under section 51, each of the following persons may appeal against the order—
(a) any party to the proceedings in which the order was made;
(b) any other person entitled to the item to which the order relates.
(2) Where—
(a) a relevant enforcement officer brings an appeal under this section, and
(b) no person entitled to the item in question was a party to the original proceedings,
the officer must make reasonable efforts to give notice of the appeal to every person who the officer thinks is or may be entitled to the item.
(3) An appeal under this section is to—
(a) the Crown Court, in England and Wales;
(b) the Sheriff Appeal Court, in Scotland;
(c) a county court, in Northern Ireland.
(4) An appeal under this section against an order must be made before the end of the period of 28 days starting with the date of the order.
(5) Subject to subsections (6) and (7), the court hearing the appeal may make any order the court thinks appropriate.
(6) If an appeal against an order for the return of an item is allowed—
(a) the court must order the item to be forfeited, and
(b) subsections (5) and (6) of section 51 apply with the necessary adaptations.
(7) If an appeal against an order forfeiting an item is allowed—
(a) the court must order the item to be returned to a person entitled to it, and
(b) subsection (10) of section 51 applies with the necessary adaptations.
(8) The persons “entitled” to an item for the purposes of this section are—
(a) the person from whom it was seized;
(b) (if different) any person to whom it belongs.
53 Return of item to person entitled to it, or disposal if return impracticable
(1) Where the retention of an item has been, but is no longer, authorised under this Act—
(a) the item must be returned to a person entitled to it (but see subsection (4));
(b) the appropriate court must, if asked to do so by a person entitled to the item, order it to be returned to that person.
(2) A person who claims to be entitled to an item retained under this Act may apply to the appropriate court for an order under subsection (1)(b) or section 51(7) (as appropriate).
(3) Where—
(a) a court makes an order under this Act requiring an item to be returned to a particular person, and
(b) reasonable efforts have been made, without success, to find that person, or it is for some other reason impracticable to return the item to that person,
the order has effect as if it required the item to be returned to any person entitled to it.
(4) Where—
(a) an item is required by a provision of this Act, or an order made under this Act, to be returned to a person entitled to it, and
(b) reasonable efforts have been made, without success, to find a person entitled to the item, or it is for some other reason impracticable to return the item to a person entitled to it,
a relevant enforcement officer may dispose of the item in whatever way the officer thinks is suitable.
(5) In this section “the appropriate court” means—
(a) in relation to England and Wales—
(i) where the person making the application is an individual who is under the age of 18, a youth court, and
(ii) in any other case, a magistrates' court;
(b) in relation to Scotland, the sheriff;
(c) in relation to Northern Ireland—
(i) where the person making the application is an individual who is under the age of 18, a youth court, and
(ii) in any other case, a court of summary jurisdiction.
(6) The persons “entitled” to an item for the purposes of this section are—
(a) the person from whom it was seized;
(b) (if different) any person to whom it belongs.
(1) This section applies where a person is convicted of—
(a) an offence under any of sections 4 to 9 and 26, or
(b) an ancillary offence (see subsection (11)).
(2) In this section “the court” means—
(a) the court by or before which the person is convicted of the offence, except where paragraph (b) or (c) applies;
(b) if the person is committed to the Crown Court to be dealt with for that offence, the Crown Court;
(c) if the person is remitted to the High Court of Justiciary to be dealt with for that offence, the High Court of Justiciary.
(3) The court must make an order for the forfeiture of any psychoactive substance in respect of which the offence was committed.
(4) The court may also make an order for the forfeiture of any other item that was used in the commission of the offence.
(5) An order under subsection (3) or (4) is referred to in this section as a “forfeiture order”.
(6) Before making a forfeiture order under subsection (4) in relation to any item, the court must give an opportunity to make representations to any person (in addition to the convicted person) who claims to be the owner of the item or otherwise to have an interest in it.
(7) A forfeiture order may not be made so as to come into force at any time before there is no further possibility (ignoring any power to appeal out of time) of the order being varied or set aside on appeal.
(8) Where the court makes a forfeiture order, it may also make such other provision as it considers to be necessary for giving effect to the forfeiture.
(9) That provision may, in particular, include provision relating to the retention, handling, destruction or other disposal of the item.
(10) Provision made by virtue of this section may be varied at any time by the court that made it.
(11) In this section “ancillary offence” means—
(a) an offence of attempting or conspiring to commit an offence under any of sections 4 to 9 and 26;
(b) an offence under Part 2 of the Serious Crime Act 2007 in relation to an offence under any of sections 4 to 9 and 26;
(c) an offence of inciting a person to commit an offence under any of sections 4 to 9 and 26;
(d) an offence of aiding, abetting, counselling or procuring the commission of an offence under any of sections 4 to 9 and 26.
55 Application of Customs and Excise Management Act 1979
(1) Section 164 of the Customs and Excise Management Act 1979 (power to search persons) applies in relation to a psychoactive substance as it applies in relation to an article with respect to the importation or exportation of which any prohibition or restriction is for the time being in force under or by virtue of any enactment.
(2) A psychoactive substance is liable to forfeiture under the Customs and Excise Management Act 1979 if—
(a) the psychoactive substance—
(i) is imported or exported, or
(ii) is entered for exportation or brought to any place in the United Kingdom for exportation,
(b) the psychoactive substance is likely to be consumed by any individual for its psychoactive effects, and
(c) the importation or (as the case may be) exportation of the psychoactive substance is not an exempted activity.
(3) For the purposes of subsection (2) the importation or exportation of a psychoactive substance is an “exempted activity” if it would not be an offence under this Act by virtue of section 11.
(4) Section 5 of the Customs and Excise Management Act 1979 (time of importation, exportation, etc) applies for the purposes of subsection (2) as it applies for the purposes of that Act.
(1) Where an offence under this Act has been committed by a body corporate and it is proved that the offence—
(a) has been committed with the consent or connivance of a person falling within subsection (2), or
(b) is attributable to any neglect on the part of such a person,
that person (as well as the body corporate) is guilty of that offence and liable to be proceeded against and punished accordingly.
(2) The persons are—
(a) a director, manager, secretary or similar officer of the body corporate;
(b) any person who was purporting to act in such a capacity.
(3) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.
(4) Where an offence under this Act has been committed by a Scottish firm and it is proved that the offence—
(a) has been committed with the consent or connivance of a partner in the firm or a person purporting to act as such a partner, or
(b) is attributable to any neglect on the part of such a person,
that person (as well as the firm) is guilty of that offence and liable to be proceeded against and punished accordingly.
Schedule 4 contains provision about the application of certain provisions of this Act in relation to persons providing information society services within the meaning of that Schedule.
(1) Before the end of the period mentioned in subsection (2), the Secretary of State must—
(a) review the operation of this Act,
(b) prepare a report of the review, and
(c) lay a copy of the report before Parliament.
(2) The period referred to in subsection (1) is the period of 30 months beginning with the day on which sections 4 to 8 come into force.
(1) In this Act—
“access prohibition” has the meaning given by section 22(6);
“designated NCA officer” means a National Crime Agency officer designated under section 10 of the Crime and Courts Act 2013 as a person having either or both of the following—
the powers and privileges of a constable;
the powers of an officer of Revenue and Customs;
“exempted substance” has the meaning given by section 3;
“general customs function” has the meaning given by section 1(8) of the Borders, Citizenship and Immigration Act 2009;
“general customs official” means a person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009;
“item” includes any substance;
“justice” means—
in England and Wales, a justice of the peace,
in Scotland, a sheriff or a justice of the peace, and
in Northern Ireland, a lay magistrate;
“local authority” means—
in England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,
in Wales, a county council or county borough council,
in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and
in Northern Ireland, a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972;
“police or customs officer” has the meaning given by section 36(4);
“premises” includes any place and, in particular, includes—
any vehicle, vessel or aircraft;
any offshore installation within the meaning given by section 1 of the Mineral Workings (Offshore Installations) Act 1971;
any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;
any tent or movable structure;
“premises notice” is to be read in accordance with section 14;
“premises order” is to be read in accordance with section 20;
“prohibited activity” has the meaning given by section 12;
“prohibition notice” is to be read in accordance with section 13;
“prohibition order” is to be read in accordance with section 17;
“psychoactive effects”, in relation to a substance, is to be read in accordance with section 2(2);
“psychoactive substance” has the meaning given by section 2(1);
“relevant enforcement officer” has the meaning given by section 39(6);
“relevant evidence” has the meaning given by section 36(4);
“search warrant” means a warrant under section 39;
“senior officer” has the meaning given by section 13(7);
“vessel” is to be read in accordance with subsection (4).
(2) In this Act—
(a) any reference to producing a substance is a reference to producing it by manufacture, cultivation or any other method;
(b) any reference to supplying a substance includes a reference to distributing it;
(c) any reference to consuming a substance is to be read in accordance with section 2(3).
(3) For the purposes of this Act the items which are in a person's possession include any items which are—
(a) subject to that person's control, but
(b) in the custody of another person.
(4) In this Act any reference to a vessel includes a reference to—
(a) any ship or boat or any other description of vessel used in navigation, and
(b) any hovercraft, submersible craft or other floating craft,
but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.
(5) Before the commencement of section 109 of the Courts Reform (Scotland) Act 2014 (abolition of appeal from a sheriff to the sheriff principal), any reference in this Act to the Sheriff Appeal Court, other than the reference in section 31(1) in relation to a prohibition order made under section 19, is to be read as a reference to the sheriff principal.
(1) The Secretary of State may by regulations make provision that is consequential on any provision of this Act.
(2) The power to make regulations under this section—
(a) is exercisable by statutory instrument;
(b) includes power to make transitional, transitory or saving provision;
(c) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before this Act or in the same Session.
(3) A statutory instrument that contains (with or without other provision) regulations under this section that amend, repeal or revoke any provision of primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(5) In this section “primary legislation” means—
(a) an Act of Parliament;
(b) an Act of the Scottish Parliament;
(c) a Measure or Act of the National Assembly for Wales;
(d) Northern Ireland legislation.
(1) Except as provided by subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.
(2) Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.
(3) The power under section 384(1) of the Armed Forces Act 2006 (“the 2006 Act”) may be exercised so as to extend to any of the Channel Islands (with or without modifications) any amendment or repeal made by or under this Act of any part of the 2006 Act.
(4) The power under section 384(2) of the 2006 Act may be exercised so as to modify any provision of that Act as amended by or under this Act as it extends to the Isle of Man or a British overseas territory.
(1) The following provisions of this Act come into force on the day on which this Act is passed—
(a) sections 59, 61 and 62 and this section;
(b) any power to make regulations under this Act.
(2) The remaining provisions of this Act come into force in accordance with provision contained in regulations made by the Secretary of State.
(3) Regulations under subsection (2) may—
(a) make different provision for different purposes;
(b) make such transitory or transitional provision, or savings, as the Secretary of State considers necessary or expedient.
(4) This Act may be cited as the Psychoactive Substances Act 2016.
Section 3
Controlled drugs
1 Controlled drugs (within the meaning of the Misuse of Drugs Act 1971).
Medicinal products
2 Medicinal products.
In this paragraph “medicinal product” has the same meaning as in the Human Medicines Regulations 2012 (S.I. 2012/1916) (see regulation 2 of those Regulations).
Alcohol
3 Alcohol or alcoholic products.
In this paragraph—
“alcohol” means ethyl alcohol, and
“alcoholic product” means any product which—
contains alcohol, and
does not contain any psychoactive substance.
Nicotine and tobacco products
4 Nicotine.
5 Tobacco products.
In this paragraph “tobacco product” means—
(a) anything which is a tobacco product within the meaning of the Tobacco Products Duty Act 1979 (see section 1 of that Act), and
(b) any other product which—
(i) contains nicotine, and
(ii) does not contain any psychoactive substance.
Caffeine
6 Caffeine or caffeine products.
In this paragraph “caffeine product” means any product which—
(a) contains caffeine, and
(b) does not contain any psychoactive substance.
Food
7 Any substance which—
(a) is ordinarily consumed as food, and
(b) does not contain a prohibited ingredient.
In this paragraph—
“enactment” includes—
an enactment contained in subordinate legislation;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
an enactment contained in, or in an instrument made under, Northern Ireland legislation;
“food” includes drink;
“prohibited ingredient”, in relation to a substance, means any psychoactive substance—
which is not naturally occurring in the substance, and
the use of which in or on food is not authorised by an enactment.
Section 11
Healthcare-related activities
1 Any activity carried on by a person who is a health care professional and is acting in the course of his or her profession.
In this paragraph “health care professional” has the same meaning as in the Human Medicines Regulations 2012 (S.I. 2012/1916) (see regulation 8 of those Regulations).
2 Any activity carried on for the purpose of, or in connection with—
(a) the supply to, or the consumption by, any person of a substance prescribed for that person by a health care professional acting in the course of his or her profession, or
(b) the supply to, or the consumption by, any person of a substance in accordance with the directions of a health care professional acting in the course of his or her profession.
In this paragraph “health care professional” has the same meaning as in the Human Medicines Regulations 2012 (see regulation 8 of those Regulations).
3 Any activity carried on in respect of an active substance by a person who—
(a) is registered in accordance with regulation 45N of the Human Medicines Regulations 2012, or
(b) is exempt from any requirement to be so registered by virtue of regulation 45M(2) or (3) of those Regulations.
In this paragraph “active substance” has the same meaning as in the Human Medicines Regulations 2012 (see regulation 8 of those Regulations).
Research
4 Any activity carried on in the course of, or in connection with, approved scientific research.
In this paragraph—
“approved scientific research” means scientific research carried out by a person who has approval from a relevant ethics review body to carry out that research;
“relevant ethics review body” means—
a research ethics committee recognised or established by the Health Research Authority under Chapter 2 of Part 3 of the Care Act 2014, or
a body appointed by any of the following for the purpose of assessing the ethics of research involving individuals—
the Secretary of State, the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department;
a relevant NHS body;
United Kingdom Research and Innovation or a body that is a Research Council for the purposes of the Science and Technology Act 1965;
an institution that is a research institution for the purposes of Chapter 4A of Part 7 of the Income Tax (Earnings and Pensions) Act 2003 (see section 457 of that Act);
a charity which has as its charitable purpose (or one of its charitable purposes) the advancement of health or the saving of lives;
“charity” means—
a charity as defined by section 1(1) of the Charities Act 2011,
a body entered in the Scottish Charity Register, or
a charity as defined by section 1(1) of the Charities Act (Northern Ireland) 2008;
“relevant NHS body” means—
an NHS trust or NHS foundation trust in England,
an NHS trust or Local Health Board in Wales,
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978,
the Common Services Agency for the Scottish Health Service, or
any of the health and social care bodies in Northern Ireland falling within paragraphs (a) to (d) of section 1(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
SCHEDULE 3 SEARCH WARRANTS: ENGLAND AND WALES AND NORTHERN IRELAND
Section 40
PART 1 APPLICATION OF THIS SCHEDULE
1 This Schedule applies to—
(a) applications for search warrants made in England and Wales or Northern Ireland, and
(b) search warrants issued in England and Wales or Northern Ireland.
PART 2 SEARCH WARRANTS: APPLICATIONS AND SAFEGUARDS
Applications for warrants
2 (1) A person applying for a search warrant must—
(a) state that the application is made under section 39 of this Act;
(b) specify the matters set out in sub-paragraph (2) or (3) (as the case may be);
(c) state what are the grounds for suspecting that relevant evidence is on the premises;
(d) identify, so far as is possible, the offence to which the relevant evidence relates.
(2) If the person is applying for a specific-premises warrant, the person must specify each set of premises that it is desired to enter and search.
(3) If the person is applying for an all-premises warrant, the person must specify—
(a) as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify;
(b) the person who is in occupation or control of those premises and any others that it is desired to enter and search;
(c) why it is necessary to search more premises than those specified under paragraph (a);
(d) why it is not reasonably practicable to specify all the premises that it is desired to enter and search.
(4) If the person is applying for a search warrant authorising entry and search on more than one occasion, the person must also state—
(a) the ground on which the person applies for such a warrant, and
(b) whether the person seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired.
(5) In this paragraph “specific-premises warrant” and “all-premises warrant” have the meaning given by section 39(3).
Safeguards in connection with power of entry conferred by warrant
3 A search warrant authorises entry on one occasion only, unless it specifies that it authorises multiple entries.
4 (1) A search warrant must—
(a) specify the name of the person who applies for it;
(b) specify the date on which it is issued;
(c) state that the warrant is issued under section 39 of this Act;
(d) specify each set of premises to be searched, or (in the case of an all-premises warrant) the person who is in occupation or control of premises to be searched, together with any premises to be searched that are under the person's occupation or control and can be specified;
(e) identify, so far as is possible, the offence to which the relevant evidence suspected to be on the premises relates.
(2) In sub-paragraph (1)(d) “all-premises warrant” has the meaning given by section 39(3).
5 (1) Two copies must be made of a search warrant that specifies only one set of premises and does not authorise multiple entries.
(2) As many copies as are reasonably required may be made of any other kind of search warrant.
(3) The copies must be clearly certified as copies.
PART 3 EXECUTION OF SEARCH WARRANTS
Warrant to be executed within one month
6 Entry and search under a search warrant must be within one month from the date of its issue.
All-premises warrants
7 (1) In the case of an all-premises warrant, premises that are not specified in the warrant may be entered and searched only if a relevant enforcement officer of the appropriate grade has authorised them to be entered.
(2) An authorisation under sub-paragraph (1) must be in writing.
(3) In this paragraph—
“all-premises warrant” has the meaning given by section 39(3);
“relevant enforcement officer of the appropriate grade” means—
a senior officer (see section 13(7)), or
in the case of a search warrant issued on the application of an officer of a local authority, a person designated by the local authority for the purposes of this paragraph.
Search of premises more than once
8 (1) Premises may be entered or searched for the second or any subsequent time under a search warrant authorising multiple entries only if a relevant enforcement officer of the appropriate grade has authorised that entry to the premises.
(2) An authorisation under sub-paragraph (1) must be in writing.
(3) In this paragraph “relevant enforcement officer of the appropriate grade” has the same meaning as in paragraph 7.
Time of search
9 Entry and search under a search warrant must be at a reasonable hour unless it appears to the relevant enforcement officer executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.
Evidence of authority etc
10 (1) Where the occupier of premises to be entered and searched under a search warrant is present at the time when a relevant enforcement officer seeks to execute the warrant, the following requirements must be satisfied—
(a) the occupier must be told the officer's name;
(b) if not a constable in uniform, the officer must produce to the occupier documentary evidence that the officer is a relevant enforcement officer;
(c) the officer must produce the warrant to the occupier;
(d) the officer must supply the occupier with a copy of it.
(2) Where the occupier of premises to be entered and searched under a search warrant is not present at the time when a relevant enforcement officer seeks to execute the warrant—
(a) if some other person who appears to the officer to be in charge of the premises is present, sub-paragraph (1) has effect as if a reference to the occupier were a reference to that other person;
(b) if not, the officer must leave a copy of the warrant in a prominent place on the premises.
Extent of search
11 A search under a search warrant may only be a search to the extent required for the purpose for which the warrant was issued.
Securing premises after entry
12 A relevant enforcement officer who enters premises under a search warrant must take reasonable steps to ensure that when the officer leaves the premises they are as secure as they were before the officer entered.
Return and retention of warrant
13 (1) A search warrant must be returned to the appropriate person (see sub-paragraph (2))—
(a) when the warrant has been executed, or
(b) on or before the expiry of the period of one month from the date of its issue, if the warrant is—
(i) a specific-premises warrant that has not been executed,
(ii) an all-premises warrant, or
(iii) a warrant authorising multiple entries.
(2) The appropriate person is—
(a) in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;
(b) in the case of a warrant issued in Northern Ireland, the clerk of petty sessions for the petty sessions district in which the lay magistrate was acting when issuing the warrant.
(3) The appropriate person must retain a search warrant returned under sub-paragraph (1) for 12 months from the date of its return.
(4) If during that period the occupier of premises to which the search warrant relates asks to inspect it, the occupier must be allowed to do so.
(5) In this paragraph “specific-premises warrant” and “all-premises warrant” have the meaning given by section 39(3).
SCHEDULE 4 PROVIDERS OF INFORMATION SOCIETY SERVICES
Section 57
PART 1 OFFERING TO SUPPLY A PSYCHOACTIVE SUBSTANCE
Domestic service providers: extension of liability
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Non-UK service providers: restriction on institution of proceedings
2 (1) Proceedings for an offence under section 5(2) may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is met.
(2) The derogation condition is that taking proceedings—
(a) is necessary for the purposes of the public interest objective,
(b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and
(c) is proportionate to that objective.
(3) In this paragraph—
“non-UK service provider” means a service provider established in an EEA state ...;
“the public interest objective” means the pursuit of public policy.
Exceptions for mere conduits
3 (1) A service provider does not commit an offence under section 5(2) by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not—
(a) initiate the transmission,
(b) select the recipient of the transmission, or
(c) select or modify the information contained in the transmission.
(2) For the purposes of sub-paragraph (1)—
(a) providing access to a communication network, and
(b) transmitting information in a communication network,
include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
(3) Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
4 (1) A service provider does not commit an offence under section 5(2) by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met.
(2) The first condition is that the storage of the information—
(a) is automatic, intermediate and temporary, and
(b) is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request.
(3) The second condition is that the service provider—
(a) does not modify the information,
(b) complies with any conditions attached to having access to the information, and
(c) if sub-paragraph (4) applies, promptly removes the information or disables access to it.
(4) This sub-paragraph applies if the service provider obtains actual knowledge that—
(a) the information at the initial source of the transmission has been removed from the network,
(b) access to it has been disabled, or
(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
Exception for hosting
5 (1) A service provider does not commit an offence under section 5(2) by storing information provided by a recipient of the service if—
(a) the service provider had no actual knowledge when the information was provided that its provision constituted an offence under section 5(2), or
(b) on obtaining actual knowledge that the provision of the information constituted such an offence, the service provider promptly removed the information or disabled access to it.
(2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
PART 2 PROHIBITION NOTICES AND PROHIBITION ORDERS
Domestic service providers: extension of liability
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Non-UK service providers: restriction on including terms in prohibition notice or order
7 (1) This paragraph applies where—
(a) a person proposes to give a prohibition notice,
(b) a person makes an application for a prohibition order under section 18, or
(c) a person mentioned in subsection (1)(a) or (2) of section 28 makes an application under that section for the variation of a prohibition order.
(2) The prohibition notice or prohibition order may include terms which restrict the freedom of a non-UK service provider to provide information society services in relation to an EEA state only if conditions A and B are met.
(3) Condition A is that the relevant person considers that the terms—
(a) are necessary for the purposes of the public interest objective,
(b) relate to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and
(c) are proportionate to that objective.
(4) In sub-paragraph (3)—
“the relevant person” means—
in relation to a prohibition notice, the person giving the notice;
in relation to a prohibition order, the court making or varying the order;
“the public interest objective” means the pursuit of public policy.
(5) Condition B is that—
(a) the relevant enforcement authority has requested the EEA state in which the service provider is established to take measures which the authority considers to be of equivalent effect under the law of the EEA state to the terms and the EEA state has failed to take the measures, ...
() . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In the case of a prohibition order, it does not matter for the purposes of sub-paragraph (5) whether the request ... is made before or after the making of the application for the order or variation.
(8) In this paragraph—
“non-UK service provider” means a service provider established in an EEA state ...;
“the relevant enforcement authority” means—
in the case of a prohibition notice to be given by a constable, the chief officer of police or chief constable (as the case may be) of the police force of which the constable is a member;
in the case of a prohibition notice to be given by a designated NCA officer, the Director General of the National Crime Agency;
in the case of a prohibition notice to be given by a general customs official, the Secretary of State by whom general customs functions are exercisable;
in the case of a prohibition notice to be given by a local authority, that local authority;
in the case of a prohibition order, the person applying for the order or for the variation of the order (as the case may be).
Protections for service providers of intermediary services
8 (1) A prohibition notice or prohibition order may not include terms which impose liabilities on service providers of intermediary services so far as the imposition of those liabilities would result in a contravention of Article 12, 13 or 14 of the E-Commerce Directive (various protections for service providers of intermediary services) , reading those Articles as if the requirements imposed on a Member State were imposed on the person giving the notice or the court making the order.
(2) A prohibition notice or prohibition order may not include terms which impose a general obligation on service providers of intermediary services falling within the descriptions contained in Article 12, 13 or 14 of the E-Commerce Directive—
(a) to monitor the information which they transmit or store when providing those services, or
(b) actively to seek facts or circumstances indicating illegal activity when providing those services.
9 (1) In paragraph 8 “intermediary services” means an information society service which consists in any of the following—
(a) the provision of access to a communication network or the transmission, in a communication network, of information provided by a recipient of the service;
(b) the transmission in a communication network of information which—
(i) is provided by a recipient of the service, and
(ii) is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request;
(c) the storage of information provided by a recipient of the service.
(2) For the purposes of sub-paragraph (1)(a)—
(a) providing access to a communication network, and
(b) transmitting information in a communication network,
include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
(3) Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
PART 3 INTERPRETATION
10 In this Schedule—
“established”, in relation to a service provider, is to be read in accordance with paragraph 11;
“information society services”—
has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
“recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
“service provider” means a person providing an information society service;
“the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
11 (1) A service provider is “established” in a particular EEA state if the service provider—
(a) effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period, and
(b) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union.
(2) The presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider.
(3) Where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.
Section 60
Intoxicating Substances (Supply) Act 1985
1 (1) The Intoxicating Substances (Supply) Act 1985 is repealed.
(2) In consequence of the repeal made by sub-paragraph (1), in Schedules 3 and 6 to the Regulatory Enforcement and Sanctions Act 2008, omit the entry relating to the Intoxicating Substances (Supply) Act 1985.
Proceeds of Crime Act 2002
2 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In Schedule 2 (lifestyle offences: England and Wales), after paragraph 1 insert—
1A An offence under any of the following provisions of the Psychoactive Substances Act 2016—
(a) section 4 (producing a psychoactive substance);
(b) section 5 (supplying, or offering to supply, a psychoactive substance);
(c) section 7 (possession of psychoactive substance with intent to supply);
(d) section 8 (importing or exporting a psychoactive substance).
(3) In Schedule 4 (lifestyle offences: Scotland), after paragraph 2 insert—
2A An offence under any of the following provisions of the Psychoactive Substances Act 2016—
(a) section 4 (producing a psychoactive substance);
(b) section 5 (supplying, or offering to supply, a psychoactive substance);
(c) section 7 (possession of psychoactive substance with intent to supply);
(d) section 8 (importing or exporting a psychoactive substance).
(4) In Schedule 5 (lifestyle offences: Northern Ireland), after paragraph 1 insert—
1A An offence under any of the following provisions of the Psychoactive Substances Act 2016—
(a) section 4 (producing a psychoactive substance);
(b) section 5 (supplying, or offering to supply, a psychoactive substance);
(c) section 7 (possession of psychoactive substance with intent to supply);
(d) section 8 (importing or exporting a psychoactive substance).
Police Reform Act 2002
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police (Northern Ireland) Act 2003
4 In Schedule 2A to the Police (Northern Ireland) Act 2003 (powers and duties of community support officer), after paragraph 9 insert—
Powers to seize and retain: psychoactive substances
9A (1) If a CSO—
(a) finds a psychoactive substance in a person's possession (whether or not the CSO finds it in the course of searching the person by virtue of any other paragraph of this Schedule), and
(b) reasonably believes that it is unlawful for the person to be in possession of it,
the CSO may seize it and retain it.
(2) If a CSO—
(a) finds a psychoactive substance in a person's possession (as mentioned in sub-paragraph (1)), or
(b) reasonably believes that a person is in possession of a psychoactive substance,
and reasonably believes that it is unlawful for the person to be in possession of it, the CSO may require the person to give the CSO his name and address.
(3) If in exercise of the power conferred by sub-paragraph (1) the CSO seizes and retains a psychoactive substance, the CSO must—
(a) if the person from whom it was seized maintains that he was lawfully in possession of it—
(i) tell the person where inquiries about its recovery may be made, and
(ii) explain the effect of sections 49 to 51 and 53 of the Psychoactive Substances Act 2016 (retention and disposal of items), and
(b) comply with a constable's instructions about what to do with it.
(4) Any substance seized in exercise of the power conferred by sub-paragraph (1) is to be treated for the purposes of sections 49 to 53 of the Psychoactive Substances Act 2016 as if it had been seized by a police or customs officer under section 36 of that Act.
(5) A person who fails to comply with a requirement under sub-paragraph (2) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(6) Paragraph 4 applies in the case of a requirement imposed by virtue of sub-paragraph (2) as it applies in the case of a requirement under paragraph 2(1).
(7) In this paragraph “police or customs officer” and “psychoactive substance” have the same meaning as in the Psychoactive Substances Act 2016.
Licensing Act 2003
5 (1) The Licensing Act 2003 is amended as follows.
(2) In section 97 (power to enter and search club premises), in subsection (1), omit the “or” after paragraph (a) and after that paragraph insert—
(aa) that an offence under section 5(1) or (2) of the Psychoactive Substances Act 2016 (supplying, or offering to supply, a psychoactive substance) has been, is being, or is about to be, committed there, or
.
(3) In Schedule 4 (personal licences: relevant offences), after paragraph 23 insert—
23A An offence under any of the following provisions of the Psychoactive Substances Act 2016—
(a) section 4 (producing a psychoactive substance);
(b) section 5 (supplying, or offering to supply, a psychoactive substance);
(c) section 7 (possession of psychoactive substance with intent to supply);
(d) section 8 (importing or exporting a psychoactive substance).
Gambling Act 2005
6 In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), after paragraph 11 insert—
11A An offence under any of the following provisions of the Psychoactive Substances Act 2016—
(a) section 4 (producing a psychoactive substance);
(b) section 5 (supplying, or offering to supply, a psychoactive substance);
(c) section 7 (possession of psychoactive substance with intent to supply);
(d) section 8 (importing or exporting a psychoactive substance).
Armed Forces Act 2006
7 (1) The Armed Forces Act 2006 is amended as follows.
(2) In section 75 (power of service policeman to stop and search persons, vehicles etc)—
(a) in subsection (1), after “controlled drugs” insert “ , psychoactive substances ”;
(b) in subsection (2), for paragraphs (c) and (d) substitute—
(c) in the case of the search of a person, that—
(i) the person is in possession of a controlled drug in circumstances in which he commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Misuse of Drugs Act 1971, or
(ii) the person is in possession of a psychoactive substance in circumstances in which he commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Psychoactive Substances Act 2016; or
(d) in the case of the search of a vehicle, that—
(i) the search will reveal a controlled drug that is in a person's possession in the circumstances mentioned in paragraph (c)(i), or
(ii) the search will reveal a psychoactive substance that is in a person's possession in the circumstances mentioned in paragraph (c)(ii).
;
(c) in subsection (4), omit the “or” after paragraph (b) and after that paragraph insert—
(ba) evidence of an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Psychoactive Substances Act 2016; or
.
(3) In section 76 (stop and search by persons other than service policemen), in subsection (1)(a), after “controlled drugs” insert “ , psychoactive substances ”.
(4) In section 77 (definitions for purposes of sections 75 and 76), after subsection (4) insert—
(4A) Psychoactive substance” has the meaning given by section 2(1) of the Psychoactive Substances Act 2016.
Serious Crime Act 2007
8 (1) Schedule 1 to the Serious Crime Act 2007 (serious offences) is amended as follows.
(2) In Part 1 (serious offences in England and Wales), after paragraph 1 insert—
1ZA An offence under any of the following provisions of the Psychoactive Substances Act 2016—
(a) section 4 (producing a psychoactive substance);
(b) section 5 (supplying, or offering to supply, a psychoactive substance);
(c) section 7 (possession of psychoactive substance with intent to supply);
(d) section 8 (importing or exporting a psychoactive substance).
(3) In Part 1A (serious offences in Scotland) (inserted by Schedule 1 to the Serious Crime Act 2015), after paragraph 16A insert—
16AA An offence under any of the following provisions of the Psychoactive Substances Act 2016—
(a) section 4 (producing a psychoactive substance);
(b) section 5 (supplying, or offering to supply, a psychoactive substance);
(c) section 7 (possession of psychoactive substance with intent to supply);
(d) section 8 (importing or exporting a psychoactive substance).
(4) In Part 2 (serious offences in Northern Ireland), after paragraph 17 insert—
17A An offence under any of the following provisions of the Psychoactive Substances Act 2016—
(a) section 4 (producing a psychoactive substance);
(b) section 5 (supplying, or offering to supply, a psychoactive substance);
(c) section 7 (possession of psychoactive substance with intent to supply);
(d) section 8 (importing or exporting a psychoactive substance).
Regulatory Enforcement and Sanctions Act 2008
9 In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1 of that Act), at the appropriate place insert— “ Psychoactive Substances Act 2016 ”.
Policing and Crime Act 2009
10 In section 34 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence and drug-dealing activity), for subsection (7) substitute—
(7) In this Part “drug-dealing activity” means—
(a) the unlawful production, supply, importation or exportation of a controlled drug, or
(b) the unlawful production, supply, importation or exportation of a psychoactive substance.
(8) In subsection (7)—
(a) in paragraph (a), “production”, “supply” and “controlled drug” have the meaning given by section 37(1) of the Misuse of Drugs Act 1971;
(b) in paragraph (b), “production”, “supply” and “psychoactive substance” have the meaning given by section 59 of the Psychoactive Substances Act 2016.