Psychoactive Substances Act 2016

Section 3

SCHEDULE 1 U.K. EXEMPTED SUBSTANCES

Controlled drugs U.K.

1 U.K. Controlled drugs (within the meaning of the Misuse of Drugs Act 1971).

Commencement Information

I1 Sch. 1 para. 1 in force at 26.5.2016 by S.I. 2016/553, reg. 2

Medicinal products U.K.

2 U.K. Medicinal products.

In this paragraph “medicinal product” has the same meaning as in the Human Medicines Regulations 2012 (S.I. 2012/1916) (see regulation 2 of those Regulations).

Commencement Information

I2 Sch. 1 para. 2 in force at 26.5.2016 by S.I. 2016/553, reg. 2

Alcohol U.K.

3 U.K. Alcohol or alcoholic products.

In this paragraph—

• “alcohol” means ethyl alcohol, and

• “alcoholic product” means any product which—

  (a)

  contains alcohol, and

  (b)

  does not contain any psychoactive substance.

Commencement Information

I3 Sch. 1 para. 3 in force at 26.5.2016 by S.I. 2016/553, reg. 2

Nicotine and tobacco products U.K.

4 U.K. Nicotine.

Commencement Information

I4 Sch. 1 para. 4 in force at 26.5.2016 by S.I. 2016/553, reg. 2

5 U.K. Tobacco products.

In this paragraph “tobacco product” means—

(a) anything which is a tobacco product within the meaning of the Tobacco Products Duty Act 1979 (see section 1 of that Act), and

(b) any other product which—

(i) contains nicotine, and

(ii) does not contain any psychoactive substance.

Commencement Information

I5 Sch. 1 para. 5 in force at 26.5.2016 by S.I. 2016/553, reg. 2

Caffeine U.K.

6 U.K. Caffeine or caffeine products.

In this paragraph “caffeine product” means any product which—

(a) contains caffeine, and

(b) does not contain any psychoactive substance.

Commencement Information

I6 Sch. 1 para. 6 in force at 26.5.2016 by S.I. 2016/553, reg. 2

Food U.K.

7 U.K. Any substance which—

(a) is ordinarily consumed as food, and

(b) does not contain a prohibited ingredient.

In this paragraph—

• [F1 “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;]

• “food” includes drink;

• “prohibited ingredient”, in relation to a substance, means any psychoactive substance—

  (a)

  which is not naturally occurring in the substance, and

  (b)

  the use of which in or on food is not authorised [F2 by an enactment].

Textual Amendments

F1 Words in Sch. 1 para. 7 inserted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 17(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 1 para. 7 substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 17(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I7 Sch. 1 para. 7 in force at 26.5.2016 by S.I. 2016/553, reg. 2