Statutory Instruments
dangerous drugs
police, england and wales
police, northern ireland
Made
26th February 2007
The Secretary of State makes the following Order in exercise of the powers conferred by section 24(3) of the Drugs Act 2005(1):
1.—(1) This Order may be cited as the Drugs Act 2005 (Commencement No. 5) Order 2007.
(2) In this Order “the 2005 Act” means the Drugs Act 2005.
2.—(1) The following provisions of the 2005 Act shall come into force on 1st April 2007—
(a)section 4 (drug offence searches: Northern Ireland);
(b)section 6 (X-rays and ultrasound scans: Northern Ireland);
(c)section 10 (follow-up assessment);
(d)section 13 (arrangements for follow-up assessment); and
(e)section 14 (attendance at follow-up assessment).
(2) The following provisions of the 2005 Act shall come into force on 1st April 2007 to the extent not already in force—
(a)section 11 (requirements under sections 9 and 10: supplemental);
(b)section 15 (disclosure of information about assessments);
(c)section 16 (samples submitted for further analysis); and
(d)section 17 (relationship with Bail Act 1976 etc).
Tony McNulty
Minister of State
Home Office
26th February 2007
(This note is not part of the Order)
This Order brings into force provisions in the Drugs Act 2005 (“the 2005 Act”). The provisions specified in Article 2(1) are brought into force on 1st April 2007 and the provisions specified in Article 2(2) are brought into force on the same date to the extent they are not already in force.
Section 10 of the 2005 Act introduces a requirement on a police officer to require a person from whom a sample has been taken under section 63B of the Police and Criminal Evidence Act 1984(2) which reveals that a specified Class A drug may be present in that person’s body, and whom he requires to attend an initial assessment, to also attend a follow-up assessment. This requirement does not apply unless the relevant chief officer has been notified by the Secretary of State that arrangements for conducting follow-up assessments have been made at the police station in which the person is detained, and the notice has not been withdrawn.
(This note is not part of the Order)
The following provisions of the Drugs Act 2005 have been brought into force by commencement orders made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 | 1st January 2006 | 2005/3053 |
| Section 3 | 1st January 2006 | 2005/3053 |
| Section 5 | 1st January 2006 | 2005/3053 |
| Section 7 | 1st December 2005 | 2005/3053 |
| Section 8 | 1st January 2006 | 2005/3053 |
| Section 9 | 1st December 2005 | 2005/3053 |
| Section 11 (in part) | 1st December 2005 | 2005/3053 |
| Section 12 | 1st December 2005 | 2005/3053 |
| Sections 15 to 17 (in part) | 1st December 2005 | 2005/3053 |
| Sections 18 to 19 | 1st December 2005 | 2005/3053 |
| Section 20 | 1st October 2006 | 2006/2136 |
| Section 21 | 18th July 2005 | 2005/1650 |
| Section 23 (in part) | 1st September 2005 | 2005/2223 |
| Section 23 (to the extent not already in force) | 1st December 2005 | 2005/3053 |
| Schedule 1 (in part) | 1st September 2005 | 2005/2223 |
| Schedule 1 (to the extent not already in force) | 1st December 2005 | 2005/3053 |
| Schedule 2 (in part) | 1st September 2005 | 2005/2223 |
| Schedule 2 (to the extent not already in force) | 1st December 2005 | 2005/3053 |