13AApproved premises: substance testing

1

Subsection (2) applies if—

a

the manager of any approved premises has given an authorisation that specifies when the power in that subsection may be exercised at those premises, and

b

that authorisation is in force.

2

A member of staff may, at the approved premises and in accordance with the authorisation given under subsection (1), require any resident of those premises to provide a sample of urine for the purpose of ascertaining whether the resident has in their body any—

a

controlled drug,

b

prescription only medicine, or

c

psychoactive substance.

3

The power in subsection (2) includes power to require a resident to provide a sample of any other description, except an intimate sample, whether instead of or in addition to a sample of urine.

4

The Secretary of State may use any residents’ samples to test, on an anonymised basis, for the prevalence of the following substances in approved premises—

a

controlled drugs,

b

medicinal products, or

c

psychoactive substances.

5

In giving, or deciding whether to give, an authorisation under subsection (1), the manager must have regard to any guidance regarding the giving of authorisations issued by the Secretary of State.

6

In exercising the power in subsection (2), a member of staff must have regard to any guidance regarding the exercise of that power issued by the Secretary of State.

7

In this section—

• “approved premises” has the meaning given by section 13(1);

• “controlled drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971 (see section 2 of that Act);

• “intimate sample” has the same meaning as in Part 5 of the Police and Criminal Evidence Act 1984 (see section 65 of that Act);

• “medicinal product” has the meaning given in regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916);

• “prescription only medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012 (S.I. 2012/1916);

• “psychoactive substance” has the same meaning as in the Psychoactive Substances Act 2016 (see section 2 of that Act);

• “resident” means a person who lives in approved premises other than a member of staff;

• “residents’ sample” means any sample—

  1. a

     provided under subsection (2) or (3), or

  2. b

     provided voluntarily;

• “the manager” means, in relation to approved premises, the individual in general control over the management of the approved premises.

8

The Secretary of State may by regulations make such amendments of this section as the Secretary of State considers appropriate in consequence of—

a

the amendment or revocation of the Human Medicines Regulations 2012 (S.I. 2012/1916), or

b

the making, amendment or revocation of any other subordinate legislation (whenever made) which relates to human medicines.

9

In subsection (8) “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

aa

section 13A(8),