Part 1

New arrangements for the provision of probation services

Miscellaneous

Approved premises: substance testing
13A
1
Subsection (2) applies if—
a
the manager of any approved premises has given an authorisation that specifies when the power in that subsection may be exercised at those premises, and
b
that authorisation is in force.
2
A member of staff may, at the approved premises and in accordance with the authorisation given under subsection (1), require any resident of those premises to provide a sample of urine for the purpose of ascertaining whether the resident has in their body any—
a
controlled drug,
b
prescription only medicine, or
c
psychoactive substance.
3
The power in subsection (2) includes power to require a resident to provide a sample of any other description, except an intimate sample, whether instead of or in addition to a sample of urine.
4
The Secretary of State may use any residents’ samples to test, on an anonymised basis, for the prevalence of the following substances in approved premises—
a
controlled drugs,
b
medicinal products, or
c
psychoactive substances.
5
In giving, or deciding whether to give, an authorisation under subsection (1), the manager must have regard to any guidance regarding the giving of authorisations issued by the Secretary of State.
6
In exercising the power in subsection (2), a member of staff must have regard to any guidance regarding the exercise of that power issued by the Secretary of State.
7
In this section—
- “
approved premises
” has the meaning given by section 13(1);
- “
controlled drug
” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971 (see section 2 of that Act);
- “
intimate sample
” has the same meaning as in Part 5 of the Police and Criminal Evidence Act 1984 (see section 65 of that Act);
- “
medicinal product
” has the meaning given in regulation 2 of the Human Medicines Regulations 2012 (
S.I. 2012/1916
);
- “
prescription only medicine
” has the meaning given in regulation 8 of the Human Medicines Regulations 2012 (
S.I. 2012/1916
);
- “
psychoactive substance
” has the same meaning as in the Psychoactive Substances Act 2016 (see section 2 of that Act);
- “
resident
” means a person who lives in approved premises other than a member of staff;
- “
residents’ sample
” means any sample—
  1. provided under subsection (2) or (3), or
  2. provided voluntarily;
- “
the manager
” means, in relation to approved premises, the individual in general control over the management of the approved premises.
8
The Secretary of State may by regulations make such amendments of this section as the Secretary of State considers appropriate in consequence of—
a
the amendment or revocation of the Human Medicines Regulations 2012 (
S.I. 2012/1916
), or
b
the making, amendment or revocation of any other subordinate legislation (whenever made) which relates to human medicines.
9
In subsection (8) “
subordinate legislation
” has the same meaning as in the Interpretation Act 1978.
S. 13A inserted (3.10.2022) by Approved Premises (Substance Testing) Act 2022 (c. 27), ss. 1(3), 2(2); S.I. 2022/1013, reg. 3