Offences

Exceptions to offences
11
1
It is not an offence under this Act for a person to carry on any activity listed in subsection (3) if, in the circumstances in which it is carried on by that person, the activity is an exempted activity.
2
In this section “exempted activity” means an activity listed in Schedule 2.
3
The activities referred to in subsection (1) are—
a
producing a psychoactive substance;
b
supplying such a substance;
c
offering to supply such a substance;
d
possessing such a substance with intent to supply it;
e
importing or exporting such a substance;
f
possessing such a substance in a custodial institution (within the meaning of section 9).
4
The Secretary of State may by regulations amend Schedule 2 in order to—
a
add or vary any description of activity;
b
remove any description of activity added under paragraph (a).
5
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.
6
The power to make regulations under this section is exercisable by statutory instrument.
7
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. 11 in force at Royal Assent for specified purposes, see s. 63(1)(b)
S. 11 in force at 26.5.2016 in so far as not already in force by S.I. 2016/553, reg. 2