The Prison and Young Offender Institution (Amendment) (No. 2) Rules 2016

Made21st September 2016

Laid before Parliament22nd September 2016

Coming into force17th October 2016

The Secretary of State makes the following Rules in exercise of the powers conferred by sections 47(1) and (3A) of the Prison Act 19521.

Citation and commencement1

These Rules may be cited as the Prison and Young Offender Institution (Amendment) (No. 2) Rules 2016 and come into force on 17th October 2016.

Amendment of the Prison Rules 19992

1

Rule 2(1) (interpretation) of the Prison Rules 19992 is amended as follows.

2

In the definition of “specified drug”—

a

after “containing” insert “one or more of the following”;

b

at the end of sub-paragraph (h) omit “and”, and

c

after sub-paragraph (i) insert—

j
PB-22 (Quinolin-8-yl-1-pentyl-1H-indole-3-carboxylate);
k
5F-MDMB-PINACA (Methyl-[2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate]);
l
AB-CHMINACA (N-[-1-(Aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);
m
5F-AMB (Methyl 2-({[1-(5-fluoropentyl)-1H-indazol-3-yl]carbonyl}amino)-3-methylbutanoate);
n
AMB-FUBINACA (Methyl-2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamide)-3-methylbutanoate);
o
Etizolam (4-(2-Chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine);
p
ADB-CHMINACA (N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);

Amendment of the Young Offender Institution Rules 20003

1

Rule 2(1) (interpretation) of the Young Offender Institution Rules 20003 is amended as follows.

2

In the definition of “specified drug”—

a

after “containing” insert “one or more of the following”;

b

at the end of sub-paragraph (h) omit “and”, and

c

after sub-paragraph (i) insert—

j
PB-22 (Quinolin-8-yl-1-pentyl-1H-indole-3-carboxylate);
k
5F-MDMB-PINACA (Methyl-[2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate]);
l
AB-CHMINACA (N-[-1-(Aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);
m
5F-AMB (Methyl 2-({[1-(5-fluoropentyl)-1H-indazol-3-yl]carbonyl}amino)-3-methylbutanoate);
n
AMB-FUBINACA (Methyl-2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamide)-3-methylbutanoate);
o
Etizolam (4-(2-Chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine);
p
ADB-CHMINACA (N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);

Sam GyimahParliamentary Under Secretary of StateMinistry of Justice21st September 2016

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Prison Rules 1999 (S.I. 1999/728) (“the 1999 Rules”) and the Young Offender Institution Rules 2000 (S.I. 2000/3371) (“the 2000 Rules”). These Rules amend the definition of “specified drug” in rule 2(1) of the 1999 Rules and rule 2(1) of the 2000 Rules. Products or substances that fall within those definitions are “specified drugs” for the purposes of section 16A (testing prisoners for drugs) of the Prison Act 1952 (c. 52) (“the Act”). The effect of section 16A of the Act is that a prison officer can require a prisoner or an inmate to provide a sample for the purposes of ascertaining whether there is a specified drug in the body of the prisoner or inmate. These Rules make a minor amendment to clarify that a “specified drug” is a product or substance that contains one or more of the chemical compounds listed in the definitions. In addition, these Rules amend the definitions of “specified drug” to include a number of additional chemical compounds.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.