Consequential amendments
2
1
In section 47 of the Prison Act 1952 (prison rules), in subsection (3A)—
a
omit “(which is not a controlled drug for the purposes of the Misuse of Drugs Act 1971)”;
b
after “this Act” insert
; but a substance or product may not be specified if it is—
a
a controlled drug,
b
a pharmacy medicine,
c
a prescription only medicine, or
d
a psychoactive substance
within the meaning of section 16A
.
2
In the Prison Act 1952—
a
in section 16A (testing prisoners for drugs), after subsection (3) insert—
4
The Secretary of State may, by regulations, make such amendments of this section or section 47 as the Secretary of State considers appropriate in consequence of—
a
the amendment or revocation of the Human Medicine Regulations 2012, or
b
the making, amendment or revocation of any other subordinate legislation (whenever made) which relates to human medicines.
5
In subsection (4) “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
;
b
in section 52 (exercise of power to make regulations etc), after subsection (2B) insert—
2C
A statutory instrument containing regulations under section 16A(4) shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
3
In the Prison Rules 1999—
a
in rule 2 (interpretation), in paragraph (1), omit the definition of “specified drug”;
b
in rule 50 (compulsory testing for controlled drugs or specified drugs)—
i
in the title, omit “or specified drugs”;
ii
in paragraph (1), omit “or specified drug”;
c
in rule 51 (offences against discipline), in paragraphs (9) and (24) omit “or specified drug”;
d
in rule 52 (defences to rule 51(9)), in sub-paragraphs (a), (b) and (c), omit “or specified drug”;
e
omit Schedule 2.
4
In the Young Offender Institution Rules 2000—
a
in rule 2 (interpretation), in paragraph (1), omit the definition of “specified drug”;
b
in rule 53 (compulsory testing for controlled drugs or specified drugs)—
i
in the title, omit “or specified drugs”;
ii
in paragraph (1), omit “or specified drug”;
c
in rule 55 (offences against discipline), in paragraphs (10) and (27) omit “or specified drug”;
d
in rule 56 (defences to rule 55(10)), in sub-paragraphs (a), (b) and (c), omit “or specified drug”;
e
omit Schedule 2.
5
The following instruments are revoked—
a
the Prison and Young Offender Institution (Amendment) Rules 2016 (S.I. 2016/583);
b
the Prison and Young Offender Institution (Amendment) (No. 2) Rules 2016 (S.I. 2016/945).
6
In the Prison and Young Offender Institution (Amendment) (No. 2) Rules 2018 (S.I. 2018/960)—
a
omit Rule 2(5) (insertion of Schedule 2 into the Prison Rules 1999);
b
omit Rule 3(5) (insertion of Schedule 2 into the Young Offender Institution Rules 2000);
c
omit the Schedule (which sets out the new Schedule 2 inserted in accordance with Rules 2(5) and 3(5)).
7
In the Prison and Young Offender Institution (Coronavirus, etc) (Amendment) (No. 3) Rules 2020 (S.I. 2020/1077)—
a
omit rule 2(3), and
b
omit rule 3(3).