Search Legislation

Drugs Act 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 1

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Drugs Act 2005, Section 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

1Aggravated supply of controlled drugE+W

This section has no associated Explanatory Notes

(1)After section 4 of the Misuse of Drugs Act 1971 (c. 38) (restriction on production and supply of controlled drugs) insert—

4AAggravation of offence of supply of controlled drug

(1)This section applies if—

(a)a court is considering the seriousness of an offence under section 4(3) of this Act, and

(b)at the time the offence was committed the offender had attained the age of 18.

(2)If either of the following conditions is met the court—

(a)must treat the fact that the condition is met as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and

(b)must state in open court that the offence is so aggravated.

(3)The first condition is that the offence was committed on or in the vicinity of school premises at a relevant time.

(4)The second condition is that in connection with the commission of the offence the offender used a courier who, at the time the offence was committed, was under the age of 18.

(5)In subsection (3), a relevant time is—

(a)any time when the school premises are in use by persons under the age of 18;

(b)one hour before the start and one hour after the end of any such time.

(6)For the purposes of subsection (4), a person uses a courier in connection with an offence under section 4(3) of this Act if he causes or permits another person (the courier)—

(a)to deliver a controlled drug to a third person, or

(b)to deliver a drug related consideration to himself or a third person.

(7)For the purposes of subsection (6), a drug related consideration is a consideration of any description which—

(a)is obtained in connection with the supply of a controlled drug, or

(b)is intended to be used in connection with obtaining a controlled drug.

(8)In this section—

  • school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and

  • school” has the same meaning—

    (a)

    in England and Wales, as in section 4 of the Education Act 1996;

    (b)

    in Scotland, as in section 135(1) of the Education (Scotland) Act 1980;

    (c)

    in Northern Ireland, as in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.

(2)Section 4A of the Misuse of Drugs Act 1971 (c. 38) (inserted by subsection (1) above) does not apply to an offence committed before this section comes into force.

Commencement Information

I1S. 1 in force at 1.1.2006 by S.I. 2005/3053, art. 3(a)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources