Psychoactive Substances Act 2016

Psychoactive substances

2Meaning of “psychoactive substance” etc

3Exempted substances

4Producing a psychoactive substance

5Supplying, or offering to supply, a psychoactive substance

6Aggravation of offence under section 5

7Possession of psychoactive substance with intent to supply

8Importing or exporting a psychoactive substance

9Possession of a psychoactive substance in a custodial institution

11Exceptions to offences

Powers for dealing with prohibited activities

12Meaning of “prohibited activity”

13Prohibition notices

14Premises notices

15Prohibition notices and premises notices: supplementary

16Further provision about giving notices under sections 13 to 15

17Meaning of “prohibition order”

18Prohibition orders on application

19Prohibition orders following conviction

20Premises orders

21Applications for prohibition orders and premises orders

22Provision that may be made by prohibition orders and premises orders

23Enforcement of access prohibitions

24Access prohibitions: reimbursement of costs

25Access prohibitions: exemption from liability

26Offence of failing to comply with a prohibition order or premises order

27Offence of failing to comply with an access prohibition, etc

28Variation and discharge on application

29Variation following conviction

30Appeals against making of prohibition orders and premises orders

31Appeals about variation and discharge

32Nature of proceedings under sections 19 and 29, etc

33Special measures for witnesses: England and Wales

34Special measures for witnesses: Northern Ireland

35Transfer of proceedings from youth court

Powers of entry, search and seizure

36Power to stop and search persons

37Power to enter and search vehicles

38Power to board and search vessels or aircraft

39Power to enter and search premises

40Further provision about search warrants

41Powers of examination, etc

42Power to require production of documents, etc

43Powers of seizure, etc

44Excluded items

45Further provision about seizure under section 43

46Notices and records in relation to seized items

47Powers of entry, search and seizure: supplementary provision

48Offences in relation to enforcement officers

Retention and disposal of items

49Retention of seized items

50Power of police, etc to dispose of seized psychoactive substances

51Forfeiture of seized items by court on application

52Appeal against decision under section 51

53Return of item to person entitled to it, or disposal if return impracticable

54Forfeiture by court following conviction

Supplementary and final provisions

55Application of Customs and Excise Management Act 1979

56Offences by directors, partners, etc

57Providers of information society services

59Interpretation

60Consequential amendments

61Power to make further consequential amendments

63Commencement and short title

SCHEDULE 1EXEMPTED SUBSTANCES

1Controlled drugs

2Medicinal products

4Nicotine and tobacco products

5Tobacco products. In this paragraph “tobacco product” means—

SCHEDULE 2EXEMPTED ACTIVITIES

1Healthcare-related activities

2Any activity carried on for the purpose of, or in...

3Any activity carried on in respect of an active substance...

SCHEDULE 3SEARCH WARRANTS: ENGLAND AND WALES AND NORTHERN IRELAND

PART 1APPLICATION OF THIS SCHEDULE

1This Schedule applies to— (a) applications for search warrants made...

PART 2SEARCH WARRANTS: APPLICATIONS AND SAFEGUARDS

2Applications for warrants

3Safeguards in connection with power of entry conferred by warrant

4(1) A search warrant must— (a) specify the name of...

5(1) Two copies must be made of a search warrant...

PART 3EXECUTION OF SEARCH WARRANTS

6Warrant to be executed within one month

7All-premises warrants

8Search of premises more than once

9Time of search

10Evidence of authority etc

11Extent of search

12Securing premises after entry

13Return and retention of warrant

SCHEDULE 4PROVIDERS OF INFORMATION SOCIETY SERVICES

PART 1OFFERING TO SUPPLY A PSYCHOACTIVE SUBSTANCE

1Domestic service providers: extension of liability

2Non-UK service providers: restriction on institution of proceedings

3Exceptions for mere conduits

4Exception for caching

5Exception for hosting

PART 2PROHIBITION NOTICES AND PROHIBITION ORDERS

6Domestic service providers: extension of liability

7Non-UK service providers: restriction on including terms in prohibition notice or order

8Protections for service providers of intermediary services

9(1) In paragraph 8 “intermediary services” means an information society...

PART 3INTERPRETATION

10In this Schedule— “established”, in relation to a service provider,...

11(1) A service provider is “established” in a particular part...

SCHEDULE 5CONSEQUENTIAL AMENDMENTS

1Intoxicating Substances (Supply) Act 1985

2Proceeds of Crime Act 2002

3Police Reform Act 2002

4Police (Northern Ireland) Act 2003

5Licensing Act 2003

6Gambling Act 2005

7Armed Forces Act 2006

8Serious Crime Act 2007

9Regulatory Enforcement and Sanctions Act 2008

10Policing and Crime Act 2009

Psychoactive Substances Act 2016

2016 Chapter 2

An Act to make provision about psychoactive substances; and for connected purposes.

[28th January 2016]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—