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Psychoactive Substances Act 2016

Status:

This is the original version (as it was originally enacted).

59Interpretation

This section has no associated Explanatory Notes

(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—

    (a)

    the powers and privileges of a constable;

    (b)

    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—

    (a)

    in England and Wales, a justice of the peace,

    (b)

    in Scotland, a sheriff or a justice of the peace, and

    (c)

    in Northern Ireland, a lay magistrate;

  • “local authority” means—

    (a)

    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,

    (b)

    in Wales, a county council or county borough council,

    (c)

    in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and

    (d)

    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—

    (a)

    any vehicle, vessel or aircraft;

    (b)

    any offshore installation within the meaning given by section 1 of the Mineral Workings (Offshore Installations) Act 1971;

    (c)

    any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;

    (d)

    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.

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