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.