Search Legislation

Approved Premises (Substance Testing) Act 2022

Legal background

  1. Section 13 of the Offender Management Act 2007 (the 2007 Act) makes provision for the Secretary of State to approve premises, to be known as "Approved Premises", in which accommodation is provided for persons granted bail in criminal proceedings (within the meaning of the Bail Act 1976) and for, or in connection with, the supervision or rehabilitation of persons convicted of offences (for instance, those on licence or under community or suspended sentences). The Secretary of State may make regulations for the regulation, management and inspection of Approved Premises.
  2. In exercise of that power the Secretary of State has made the 2014 Regulations. Regulation 6(1)(c) provides that a provider of Approved Premises must prepare house rules for those Approved Premises, governing the conduct of residents, which must comply with any requirements of the Secretary of State as to the content of such rules.
  3. Section 2 of the Misuse of Drugs Act 1971 defines "controlled drug" as any substance or product specified in Part I, II or III of Schedule 2 to that Act or in a temporary class drug order as a drug subject to temporary control, in accordance with the provisions of that Act.
  4. Section 2 of the Psychoactive Substances Act 2016 defines "psychoactive substance" as any substance which is capable of producing a psychoactive effect in a person who consumes it and is not an exempted substance under section 3 of that Act.
  5. Regulation 2(1) in the Human Medicines Regulations 2012 defines "medicinal product" and Regulation 5(3) of those Regulations defines "prescription only medicine".

Back to top