PART 5 Drug Precursors and Psychoactive Substances

CHAPTER 2 Psychoactive substances

17 Amendment of the Psychoactive Substances Act 2016
1 The Psychoactive Substances Act 2016 is amended as follows.
2016 c.2.
2 In Schedule 1 (exempted substances), in paragraph 7 (food)—
(a) before the definition of “food” insert—

““enactment” includes—
(a) an enactment contained in subordinate legislation;
(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
(c) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation;”

;
(b) in paragraph (b) of the definition of “prohibited ingredient”, for “by an EU instrument” substitute “ by an enactment ”.
3 In Schedule 4 (providers of information society services)—
(a) omit paragraph 1 (domestic service providers: extension of liability);
(b) in paragraph 2(3) (non-UK service providers: restriction on institution of proceedings), in the definition of “non-UK service provider” omit “other than the United Kingdom”;
(c) omit paragraph 6 (domestic service providers: extension of liability);
(d) in paragraph 7 (non-UK service providers: restriction on including terms in prohibition notice or order)—
(i) in sub-paragraph (5), omit paragraph (b) and the “and” immediately preceding that paragraph;
(ii) omit sub-paragraph (6);
(iii) in sub-paragraph (7)—
(aa) omit “or notification”;
(bb) for “referred to in sub-paragraph (6)(b)” substitute “ for the order or variation ”;
(iv) in sub-paragraph (8), in the definition of “non-UK service provider” omit “other than the United Kingdom”;
(e) in paragraph 8(1) (protections for service providers of intermediary services), at the end insert “ , reading those Articles as if the requirements imposed on a Member State were imposed on the person giving the notice or the court making the order. ”;
(f) in paragraph 8(2), for “covered by” substitute “ falling within the descriptions contained in ”;
(g) in paragraph 11(1) (establishment of a service provider)—
(i) in the words before paragraph (a), for “in a particular part of the United Kingdom, or in a particular EEA state,” substitute “ in a particular EEA state ”;
(ii) in paragraph (a), for “that part of the United Kingdom, or that EEA state,” substitute “ that EEA state ”.
Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1