Health Act 2006

20 Controlled drugs: power to enter and inspect U.K.

(1) A constable or an authorised person may, for the purpose of securing the safe, appropriate and effective management and use of controlled drugs—

(a) enter any relevant premises;

(b) inspect any precautions taken on the premises for the safe custody of controlled drugs;

(c) inspect any stocks of controlled drugs kept on the premises;

(d) require any relevant records kept on the premises to be produced for his inspection.

(2) The powers conferred by subsection (1) may be exercised only—

(a) at a reasonable hour, and

(b) on production (if required) of the written authority of the person exercising them.

(3) The power conferred by subsection (1)(a) may be exercised by an authorised person to enter relevant premises which are or form part of a private dwelling only if he is accompanied by a constable.

But this subsection does not apply in such circumstances as may be prescribed by regulations made by the relevant authority.

(4) The power conferred by subsection (1)(d) includes power—

(a) to take copies of or extracts from relevant records, and

(b) to take possession of any relevant records kept on the premises and retain them for so long as the person exercising the power considers necessary.

(5) In this section “authorised person” means (subject to subsection (6))—

(a) a person authorised by the relevant authority,

(b) an accountable officer, or

(c) where a designated body is required by regulations under section 17 to nominate or appoint an accountable officer, a member of the staff of the designated body authorised by it.

Authorisations given under this subsection may be general or specific.

(6) The accountable officer of a designated body specified, or of a description specified, in directions given by the relevant authority is not an authorised person for the purposes of this section; and such a designated body may not authorise members of its staff under subsection (5)(c).

(7) The relevant authority may by regulations prescribe descriptions of premises which are to be “relevant premises” for the purposes of this section in relation to constables and authorised persons of descriptions prescribed in the regulations.

(8) The descriptions of premises that may be so prescribed are descriptions of premises (or parts thereof) appearing to the relevant authority to be used in connection with—

(a) the provision of health care (whether or not for the purposes of the health service), or

(b) the supply or administration of controlled drugs.

(9) In this Chapter “relevant records” means records kept with respect to controlled drugs in pursuance of regulations under section 10 of the Misuse of Drugs Act 1971 (c. 38).

(10) Directions under subsection (6) are to be given by regulations or in writing; but any such directions which relate to more than one designated body are to be given by regulations.

(11) Directions under subsection (6) given in writing may be varied or revoked by subsequent directions under that subsection.

Modifications etc. (not altering text)

C1 S. 20(3) excluded (E.S.) (1.1.2007 for E., 1.3.2007 for S.) by The Controlled Drugs (Supervision of Management and Use) Regulations 2006 (S.I. 2006/3148), regs. 1(1), 21

C2 S. 20(3) excluded (E.S.) (temp. from 1.4.2013 to 31.3.2020) by The Controlled Drugs (Supervision of Management and Use) Regulations 2013 (S.I. 2013/373), regs. 1(1), 18(3)

Commencement Information

I1 S. 20 in force for certain purposes at Royal Assent, see s. 83

I2 S. 20 in force at 1.1.2007 for E. in so far as not already in force by S.I. 2006/3125, art. 2(1)

I3 S. 20 in force at 1.3.2007 for S. in so far as not already in force by S.I. 2006/3125, art. 2(2)

I4 S. 20 in force at 13.12.2008 for W. in so far as not already in force by S.I. 2008/3171, art. 2(a)

I5 S. 20 in force at 1.8.2012 for N.I. in so far as not already in force by S.R. 2012/307, art. 2(a)