Psychoactive substances

Meaning of “psychoactive substance” etc
2
1
In this Act “psychoactive substance” means any substance which—
a
is capable of producing a psychoactive effect in a person who consumes it, and
b
is not an exempted substance (see section 3).
2
For the purposes of this Act a substance produces a psychoactive effect in a person if, by stimulating or depressing the person's central nervous system, it affects the person's mental functioning or emotional state; and references to a substance's psychoactive effects are to be read accordingly.
3
For the purposes of this Act a person consumes a substance if the person causes or allows the substance, or fumes given off by the substance, to enter the person's body in any way.

Exempted substances
3
1
In this Act “exempted substance” means a substance listed in Schedule 1.
2
The Secretary of State may by regulations amend Schedule 1 in order to—
a
add or vary any description of substance;
b
remove any description of substance added under paragraph (a).
3
Before making any regulations under this section the Secretary of State must consult—
a
the Advisory Council on the Misuse of Drugs, and
b
such other persons as the Secretary of State considers appropriate.
4
The power to make regulations under this section is exercisable by statutory instrument.
5
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
S. 3 in force at Royal Assent for specified purposes, see s. 63(1)(b)
S. 2 in force at 26.5.2016 by S.I. 2016/553, reg. 2
S. 3 in force at 26.5.2016 in so far as not already in force by S.I. 2016/553, reg. 2