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(This note is not part of the Order)
This Order brings into force provisions of the Drugs Act 2005 (“the 2005 Act”). The provisions specified in article 2(1) are brought into force on 1st December 2005. The provisions in article 2(2) are brought into force on 1st December 2005 in so far as they relate to an initial assessment required under section 9 of that Act. The provisions specified in article 3 are brought into force on 1st January 2006.
The power to test for specified Class A drugs under section 7 of the 2005 Act and the power to require a person to attend an initial assessment under section 9 of the 2005 Act can be exercised only where the relevant chief officer has been notified by the Secretary of State that arrangements for the taking of those samples during police detention or for conducting initial assessments, as the case may be, have been made for the police area as a whole, or for the particular police station, in which the person is in police detention and the notice has not been withdrawn. Section 7(13) of the 2005 Act specifies cases in which this notification is deemed to have been given for the purposes of that section.
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