Psychoactive Substances Bill (HC Bill 63)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 63—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Theresa May has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:

In my view the provisions of the Psychoactive Substances Bill [HL] are compatible
with the Convention rights.

Contents

  1. Introductory

    1. 1. Overview

  2. Psychoactive substances

    1. 2. Meaning of “psychoactive substance” etc

    2. 3. Exempted substances

  3. Offences

    1. 4. Producing a psychoactive substance

    2. 5. Supplying, or offering to supply, a psychoactive substance

    3. 6. Aggravation of offence under section 5

    4. 7. Possession of psychoactive substance with intent to supply

    5. 8. Importing or exporting a psychoactive substance

    6. 9. Penalties

    7. 10. Power to provide for exceptions to offences

  4. Powers for dealing with prohibited activities

    1. 11. Meaning of “prohibited activity”

    2. 12. Prohibition notices

    3. 13. Premises notices

    4. 14. Prohibition notices and premises notices: supplementary

    5. 15. Further provision about giving notices under sections 12 to 14

    6. 16. Meaning of “prohibition order”

    7. 17. Prohibition orders on application

    8. 18. Prohibition orders following conviction

    9. 19. Premises orders

    10. 20. Applications for prohibition orders and premises orders

    11. 21. Provision that may be made by prohibition orders and premises orders

    12. 22. Enforcement of access prohibitions

    13. 23. Access prohibitions: reimbursement of costs

    14. 24. Access prohibitions: exemption from liability

    15. 25. Offence of failing to comply with a prohibition order or premises order

    16. 26. Offence of failing to comply with an access prohibition, etc

    17. 27. Variation and discharge on application

    18. 28. Variation following conviction

    19. 29. Appeals against making of prohibition orders and premises orders

    20. 30. Appeals about variation and discharge

    21. 31. Nature of proceedings under sections 18 and 28, etc

    22. 32. Special measures for witnesses: England and Wales

    23. 33. Special measures for witnesses: Northern Ireland

    24. 34. Transfer of proceedings from youth court

  5. Powers of entry, search and seizure

    1. 35. Power to stop and search persons

    2. 36. Power to enter and search vehicles

    3. 37. Power to board and search vessels or aircraft

    4. 38. Power to enter and search premises

    5. 39. Further provision about search warrants

    6. 40. Powers of examination, etc

    7. 41. Power to require production of documents, etc

    8. 42. Powers of seizure, etc

    9. 43. Excluded items

    10. 44. Further provision about seizure under section 42

    11. 45. Notices and records in relation to seized items

    12. 46. Powers of entry, search and seizure: supplementary provision

    13. 47. Offences in relation to enforcement officers

  6. Retention and disposal of items

    1. 48. Retention of seized items

    2. 49. Power of police, etc to dispose of seized psychoactive substances

    3. 50. Forfeiture of seized items by court on application

    4. 51. Appeal against decision under section 50

    5. 52. Return of item to person entitled to it, or disposal if return impracticable

    6. 53. Forfeiture by court following conviction

  7. Supplementary and final provisions

    1. 54. Application of Customs and Excise Management Act 1979

    2. 55. Offences by directors, partners, etc

    3. 56. Providers of information society services

    4. 57. Review

    5. 58. Interpretation

    6. 59. Consequential amendments

    7. 60. Power to make further consequential amendments

    8. 61. Extent

    9. 62. Commencement and short title

    1. Schedule 1

      Exempted substances

    2. Schedule 2

      Search warrants

      1. Part 1

        Search warrants: applications and safeguards

      2. Part 2

        Execution of search warrants

    3. Schedule 3

      Providers of information society services

      1. Part 1

        Offering to supply a psychoactive substance

      2. Part 2

        Prohibition notices and prohibition orders

      3. Part 3

        Interpretation

    4. Schedule 4

      Consequential amendments