Introductory Text
Introductory
1.Overview
Psychoactive substances
2.Meaning of “psychoactive substance” etc
3.Exempted substances
Offences
4.Producing a psychoactive substance
5.Supplying, or offering to supply, a psychoactive substance
6.Aggravation of offence under section 5
7.Possession of psychoactive substance with intent to supply
8.Importing or exporting a psychoactive substance
9.Possession of a psychoactive substance in a custodial institution
10.Penalties
11.Exceptions to offences
Powers for dealing with prohibited activities
12.Meaning of “prohibited activity”
13.Prohibition notices
14.Premises notices
15.Prohibition notices and premises notices: supplementary
16.Further provision about giving notices under sections 13 to 15
17.Meaning of “prohibition order”
18.Prohibition orders on application
19.Prohibition orders following conviction
20.Premises orders
21.Applications for prohibition orders and premises orders
22.Provision that may be made by prohibition orders and premises orders
23.Enforcement of access prohibitions
24.Access prohibitions: reimbursement of costs
25.Access prohibitions: exemption from liability
26.Offence of failing to comply with a prohibition order or premises order
27.Offence of failing to comply with an access prohibition, etc
28.Variation and discharge on application
29.Variation following conviction
30.Appeals against making of prohibition orders and premises orders
31.Appeals about variation and discharge
32.Nature of proceedings under sections 19 and 29, etc
33.Special measures for witnesses: England and Wales
34.Special measures for witnesses: Northern Ireland
35.Transfer of proceedings from youth court
Powers of entry, search and seizure
36.Power to stop and search persons
37.Power to enter and search vehicles
38.Power to board and search vessels or aircraft
39.Power to enter and search premises
40.Further provision about search warrants
41.Powers of examination, etc
42.Power to require production of documents, etc
43.Powers of seizure, etc
44.Excluded items
45.Further provision about seizure under section 43
46.Notices and records in relation to seized items
47.Powers of entry, search and seizure: supplementary provision
48.Offences in relation to enforcement officers
Retention and disposal of items
49.Retention of seized items
50.Power of police, etc to dispose of seized psychoactive substances
51.Forfeiture of seized items by court on application
52.Appeal against decision under section 51
53.Return of item to person entitled to it, or disposal if return impracticable
54.Forfeiture by court following conviction
Supplementary and final provisions
55.Application of Customs and Excise Management Act 1979
56.Offences by directors, partners, etc
57.Providers of information society services
58.Review
59.Interpretation
60.Consequential amendments
61.Power to make further consequential amendments
62.Extent
63.Commencement and short title
SCHEDULES
SCHEDULE 1
EXEMPTED SUBSTANCES
1.Controlled drugs
2.Medicinal products
3.Alcohol
4.Nicotine and tobacco products
5.Tobacco products. In this paragraph “tobacco product” means—
6.Caffeine
7.Food
SCHEDULE 2
EXEMPTED ACTIVITIES
1.Healthcare-related activities
2.Any activity carried on for the purpose of, or in...
3.Any activity carried on in respect of an active substance...
4.Research
SCHEDULE 3
SEARCH WARRANTS: ENGLAND AND WALES AND NORTHERN IRELAND
PART 1 APPLICATION OF THIS SCHEDULE
1.This Schedule applies to— (a) applications for search warrants made...
PART 2 SEARCH WARRANTS: APPLICATIONS AND SAFEGUARDS
2.Applications for warrants
3.Safeguards in connection with power of entry conferred by warrant
4.(1) A search warrant must— (a) specify the name of...
5.(1) Two copies must be made of a search warrant...
PART 3 EXECUTION OF SEARCH WARRANTS
6.Warrant to be executed within one month
7.All-premises warrants
8.Search of premises more than once
9.Time of search
10.Evidence of authority etc
11.Extent of search
12.Securing premises after entry
13.Return and retention of warrant
SCHEDULE 4
PROVIDERS OF INFORMATION SOCIETY SERVICES
PART 1 OFFERING TO SUPPLY A PSYCHOACTIVE SUBSTANCE
1.Domestic service providers: extension of liability
2.Non-UK service providers: restriction on institution of proceedings
3.Exceptions for mere conduits
4.Exception for caching
5.Exception for hosting
PART 2 PROHIBITION NOTICES AND PROHIBITION ORDERS
6.Domestic service providers: extension of liability
7.Non-UK service providers: restriction on including terms in prohibition notice or order
8.Protections for service providers of intermediary services
9.(1) In paragraph 8 “intermediary services” means an information society...
PART 3 INTERPRETATION
10.In this Schedule— “established”, in relation to a service provider,...
11.(1) A service provider is “established” in a particular part...
SCHEDULE 5
CONSEQUENTIAL AMENDMENTS
1.Intoxicating Substances (Supply) Act 1985
2.Proceeds of Crime Act 2002
3.Police Reform Act 2002
4.Police (Northern Ireland) Act 2003
5.Licensing Act 2003
6.Gambling Act 2005
7.Armed Forces Act 2006
8.Serious Crime Act 2007
9.Regulatory Enforcement and Sanctions Act 2008
10.Policing and Crime Act 2009