Session 2015-16
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Other Bills before Parliament


 
 

Public Bill Committee: 29 October 2015                  

8

 

Psychoactive Substances Bill-[Lords], continued

 
 

(b)    

accommodated in a multi-occupant dwelling under part 7 of the

 

Housing Act 1996.

 

(4C)    

The Secretary of State may by order made by statutory instrument specify

 

the circumstances in which a court must take into account Condition C;

 

(4D)    

The fourth condition is that the offender supplies a controlled drug to any

 

persons under the age of 18.””

 


 

New Clauses

 

Mike Penning

 

NC2

 

To move the following Clause—

 

         

“Possession of a psychoactive substance in a custodial institution

 

(1)    

A person commits an offence if—

 

(a)    

the person is in possession of a psychoactive substance in a custodial

 

institution,

 

(b)    

the person knows or suspects that the substance is a psychoactive

 

substance, and

 

(c)    

the person intends to consume the psychoactive substance for its

 

psychoactive effects.

 

(2)    

In this section “custodial institution” has the same meaning as in section 6.

 

(3)    

This section is subject to section (Exceptions to offences) (exceptions to

 

offences).”

 

Member’s explanatory statement

 

This new clause provides for a new offence of possession of a psychoactive substance in a custodial

 

institution.

 


 

Mike Penning

 

NC3

 

To move the following Clause—

 

         

“Exceptions to offences

 

(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

 

(Exempted activities).

 

(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;


 
 

Public Bill Committee: 29 October 2015                  

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Psychoactive Substances Bill-[Lords], continued

 
 

(f)    

possessing such a substance in a custodial institution (within the meaning

 

of section (Possession of a psychoactive substance in a custodial

 

institution)).

 

(4)    

The Secretary of State may by regulations amend Schedule (Exempted activities)

 

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.”

 

Member’s explanatory statement

 

The new clause inserted by this amendment (which will replace clause 10) provides that it is not

 

an offence under clauses 4 to 8, or the offence under the new clause inserted by NC2, for a person

 

to carry on an “exempted activity” listed in the new Schedule inserted by NS1. The new clause also

 

provides a power to add or vary any description of activity specified in the new Schedule.

 


 

John Woodcock

 

Lyn Brown

 

NC1

 

To move the following Clause—

 

         

“Breach of a premises notice

 

(1)    

A senior officer or a local authority may issue a notice requiring a premise to

 

cease trading if conditions A, B and C are met.

 

(2)    

Condition A is that the premise has been issued a premises notice under section

 

13 of this Act.

 

(3)    

Condition B is that in the view of the senior officer or a local authority that issued

 

the premises notice, the terms of that notice are not being complied with.

 

(4)    

Condition C is that the senior officer or local authority has made an application

 

to an appropriate court for a premises order under section 19 of this Act.

 

(5)    

A notice issued to a premise under subsection 1 shall cease to have effect when a

 

court has considered an application for a premises order in respect of that

 

premise.

 

(6)    

In a case where a court has decided not to issue a premises order to a premise that

 

has been subject to a notice under this section, the court may order the local

 

authority or the senior officer’s organisation to pay compensation to the owner of

 

the premises in respect of income lost due to the suspension in trading.


 
 

Public Bill Committee: 29 October 2015                  

10

 

Psychoactive Substances Bill-[Lords], continued

 
 

(7)    

For the meaning of “senior officer”, see section 12(7).”

 

Member’s explanatory statement

 

This new clause’s intention is to allow a senior officer or local authority to comply a premises to

 

stop trading while it applies for a premises order.

 


 

Lyn Brown

 

Andrew Gwynne

 

Grahame Morris

 

NC4

 

To move the following Clause—

 

         

“New Psychoactive Substances—Prevention and Education

 

(1)    

In section 84(3) of the Education Act 2002 (curriculum foundation subjects for

 

the first, second and third key stages), after paragraph (g) there is inserted—

 

“(ga)    

personal, social and health education.”

 

(2)    

In section 85(4) of the Education Act 2002 (curriculum foundation subjects for

 

the fourth key stage), at the end there is inserted “, and

 

(d)    

personal, social and health education.”

 

(3)    

In section 74(1) of the Education and Inspections Act 2006, which (when brought

 

into force) will substitute a new section 85 in the Education Act 2002, in

 

subsection (4) of that substituted section (foundation subjects for the fourth key

 

stage), at the end there is inserted “, and

 

(d)    

personal, social and health education.”

 

(4)    

Before section 86 of the Education Act 2002 there is inserted—

 

“85B  

Personal, social and health education

 

(1)    

For the purposes of this Part, personal, social and health education

 

(“PSHE”) must include, but shall not be limited to—

 

(a)    

education about alcohol and tobacco; illegal recreational drugs

 

and new psychoactive substances;

 

(b)    

education about emotional health and well-being and how this

 

can be impacted by psychoactive substances;

 

(c)    

education about individual safety, including risk taking

 

behaviour.

 

(2)    

The National Curriculum for England is not required to specify

 

attainment targets or assessment arrangements for PSHE (and section

 

84(1) has effect accordingly).

 

(3)    

The Secretary of State for Education shall set out guidance to schools and

 

colleges to ensure that a coherent approach to personal, social, health and

 

economic education is developed, including between primary and

 

secondary schools.

 

(4)    

It is the duty of the governing body and head teacher of any school in

 

which PSHE is provided in pursuance of this Part to secure that guidance

 

issued under subsection (3) is followed and principles set out in

 

subsections (5) to (6) are complied with.

 

(5)    

The first principle is that information presented in the course of providing

 

PSHE should be accurate and balanced.


 
 

Public Bill Committee: 29 October 2015                  

11

 

Psychoactive Substances Bill-[Lords], continued

 
 

(6)    

The second principle is that PSHE should be taught in a way that—

 

(a)    

is appropriate to the ages of the pupils concerned and to their

 

religious and cultural backgrounds, and also

 

(b)    

reflects a reasonable range of religious, cultural and other

 

perspectives.

 

(7)    

The third principle is that PSHE should be taught in a way that—

 

(a)    

endeavours to promote equality,

 

(b)    

encourages acceptance of diversity, and

 

(c)    

emphasises the importance of both rights and responsibilities.

 

(8)    

In the exercise of their functions under this Part so far as relating to

 

PSHE, a local authority, governing body or head teacher shall have

 

regard to any guidance issued from time to time by the Secretary of

 

State.””

 

Member’s explanatory statement

 

This would amend the Education Act to make PHSE, with drugs education including on New

 

Psychoactive Substances, a foundation subject in the national curriculum.

 

 


 

New Schedule

 

Mike Penning

 

NS1

 

To move the following Schedule—

 

“Exempted activities

 

Healthcare-related activities

 

1          

Any activity carried on by a person who is a health care professional and is

 

acting in the course of his or her profession.

 

            

In this paragraph “health care professional” has the same meaning as in the

 

Human Medicines Regulations 2012 (S.I. 2012/1916) (see regulation 8 of

 

those Regulations).

 

2          

Any activity carried on for the purpose of, or in connection with—

 

(a)    

the supply to, or the consumption by, any person of a substance

 

prescribed for that person by a health care professional acting in the

 

course of his or her profession, or

 

(b)    

the supply to, or the consumption by, any person of a substance in

 

accordance with the directions of a health care professional acting in

 

the course of his or her profession.

 

            

In this paragraph “health care professional” has the same meaning as in the

 

Human Medicines Regulations 2012 (see regulation 8 of those Regulations).

 

3          

Any activity carried on in respect of an active substance by a person who—

 

(a)    

is registered in accordance with regulation 45N of the Human

 

Medicines Regulations 2012, or

 

(b)    

is exempt from any requirement to be so registered by virtue of

 

regulation 45M(2) or (3) of those Regulations.

 

            

In this paragraph “active substance” has the same meaning as in the Human

 

Medicines Regulations 2012 (see regulation 8 of those Regulations).


 
 

Public Bill Committee: 29 October 2015                  

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Psychoactive Substances Bill-[Lords], continued

 
 

Research

 

4          

Any activity carried on in the course of, or in connection with, approved

 

scientific research.

 

            

In this paragraph—

 

“approved scientific research” means scientific research carried out by a

 

person who has approval from a relevant ethics review body to carry out

 

that research;

 

“relevant ethics review body” means—

 

(a)    

a research ethics committee recognised or established by the

 

Health Research Authority under Chapter 2 of Part 3 of the Care

 

Act 2014, or

 

(b)    

a body appointed by any of the following for the purpose of

 

assessing the ethics of research involving individuals—

 

(i)    

the Secretary of State, the Scottish Ministers, the Welsh

 

Ministers, or a Northern Ireland department;

 

(ii)    

a relevant NHS body;

 

(iii)    

a body that is a Research Council for the purposes of the

 

Science and Technology Act 1965;

 

(iv)    

an institution that is a research institution for the

 

purposes of Chapter 4A of Part 7 of the Income Tax

 

(Earnings and Pensions) Act 2003 (see section 457 of

 

that Act);

 

(v)    

a charity which has as its charitable purpose (or one of

 

its charitable purposes) the advancement of health or the

 

saving of lives;

 

“charity” means—

 

(a)    

a charity as defined by section 1(1) of the Charities Act 2011,

 

(b)    

a body entered in the Scottish Charity Register, or

 

(c)    

a charity as defined by section 1(1) of the Charities Act

 

(Northern Ireland) 2008;

 

“relevant NHS body” means—

 

(a)    

an NHS trust or NHS foundation trust in England,

 

(b)    

an NHS trust or Local Health Board in Wales,

 

(c)    

a Health Board or Special Health Board constituted under

 

section 2 of the National Health Service (Scotland) Act 1978,

 

(d)    

the Common Services Agency for the Scottish Health Service, or

 

(e)    

any of the health and social care bodies in Northern Ireland, as

 

defined by section 1(5) of the Health and Social Care (Reform)

 

Act (Northern Ireland) 2009.”

 

Member’s explanatory statement

 

The new Schedule inserted by this amendment lists exempted activities for the purpose of the Bill.

 

These include activities carried out by health care professionals acting in that capacity and

 

approved research activities.

 

 

Order of the House [19 October 2015]

 

That the following provisions shall apply to the Psychoactive Substances Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.


 
 

Public Bill Committee: 29 October 2015                  

13

 

Psychoactive Substances Bill-[Lords], continued

 
 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 29 October 2015.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion three hours after the commencement of the

 

proceedings.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion four hours after the commencement of proceedings

 

on Consideration.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 

 

Order of the Committee [27 October 2015]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 27

 

October) meet—

 

(a)  

at 2.00 pm on Tuesday 27 October; 

 

(b)  

at 11.30am and 2.00 pm on Thursday 29 October,

 

(2)  

the proceedings shall be taken in the following order: Clauses 1 to 3;

 

Schedule 1; Clauses 4 to 39; Schedule 2; Clauses 40 to 56; Schedule 3;

 

Clauses 57 to 59; Schedule 4; Clauses 60 to 62; new Clauses; new Schedules;

 

remaining proceedings on the Bill;

 

(3)  

the proceedings on the Bill shall (so far as not previously concluded) be

 

brought to a conclusion at 5.00 pm on Thursday 29 October.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 26 October:

 

53

 


 
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