1

House of Commons

Notices of Amendments

given up to and including

Friday 15 January 2016

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: NC4-NC6, 12-25

Consideration of Bill (Report Stage)

Psychoactive Substances Bill [Lords], As

Amended

Note

This document includes all amendments tabled to date, arranged in the order they

relate to the Bill

New Clauses

Lyn Brown

Andrew Gwynne

NC1

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—

“(gi)    

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

Notices of Amendments: 15 January 2016                  

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Psychoactive Substances Bill-[Lords], continued

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, health education (“PSHE”) shall

comprise—

(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 headteacher 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.

(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 headteacher 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 new

psychoactive substances, a foundation subject in the national curriculum.

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Psychoactive Substances Bill-[Lords], continued

Lyn Brown

Andrew Gwynne

John Woodcock

NC2

To move the following Clause—

“Breach of a premises notice

(1)    

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

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

(2)    

Condition A is that the premises 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 premises 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.

(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 compel a premises to

stop trading while it applies for a premises order.

Dr Poulter

Mr Peter Lilley

Norman Lamb

NC3

To move the following Clause—

“Control of cannabis

(1)    

Within six months of the passing of this Act, the Secretary of State shall consult

the Advisory Council on the Misuse of Drugs pursuant to the Misuse of Drugs

Act 1971 with regard to the use of her powers to make regulations under sections

7, 10, 22 and 31 of that Act to—

(a)    

delete from Schedule 1 to the Misuse of Drugs Regulations 2001 the

substances listed in subsection (2), and

(b)    

add those substances to Schedule 2 to the 2001 Regulations.

(2)    

The substances referred to in subsection (1) are—

(a)    

cannabis, and

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Psychoactive Substances Bill-[Lords], continued

(b)    

cannabis resin.”

Member’s explanatory statement

The intention of this amendment is to re-scheduling Cannabis from a Schedule 1 drug to a Schedule

2 drug for the purposes of promoting research into its medical use.

Norman Lamb

NC4

To move the following Clause—

“Referral to Advisory Council on the Misuse of Drugs

(1)    

The Ministers shall refer to the Advisory Council on the Misuse of Drugs

(ACMD) any substance which is, or may be, a psychoactive substance.

(2)    

The ACMD shall advise the Ministers whether the substance is, or appears to the

ACMD likely to be, misused and of which the misuse is having, or appears to the

ACMD to be capable of having, harmful effects sufficient to constitute a social

problem.

(3)    

For the purposes of this section, “the Ministers” has the same meaning as in

section 1(4) of the Misuse of Drugs Act 1971 (The Advisory Council on the

Misuse of Drugs).”

Norman Lamb

NC5

To move the following Clause—

“Review of the Misuse of Drugs Act 1971

(1)    

The Secretary of State shall commission an independent evidence-based review

of—

(a)    

the effectiveness of the Misuse of Drugs Act 1971 in reducing the harm

caused by the misuse of drugs, including social problems connected with

their misuse, and

(b)    

the implementation of the Act.

(2)    

The Secretary of State shall lay a copy of a report of the review before both

Houses of Parliament within one year of the passing of this Act.”

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Psychoactive Substances Bill-[Lords], continued

Norman Lamb

NC6

To move the following Clause—

“Possession of controlled drugs

(1)    

The Misuse of Drugs Act 1971 is amended as follows.

(2)    

Omit section 5(1) and (2).

(3)    

After section 5 insert—

“5A    

Measures in respect of possession of controlled drugs for personal use

(1)    

Where a person is detained on suspicion of having committed an

arrestable offence and is found to be in possession of a controlled drug,

falling within Schedule 2 (Class A drugs) in circumstances which do not

constitute an offence under section 3 (restriction of importation and

exportation of controlled drugs) or section 4 (restriction of production

and supply of controlled drugs), a senior officer or a local authority may

require the person to attend a drug treatment programme or drug

awareness programme.

(2)    

The Secretary of State shall by regulations define “drug treatment

programme” and “drug awareness programme” for the purposes of this

Act.

(3)    

Regulations made under this section must be made by statutory

instrument.

(4)    

A statutory instrument under this section may not be made unless a draft

of the instrument has been laid before, and approved by resolution of,

both Houses of Parliament.””

Norman Lamb

23

Clause  1,  page  1,  line  3,  after “about” insert “reviewing the Misuse of Drugs Act

1971 and”

Norman Lamb

24

Clause  1,  page  1,  line  11,  at end insert—

“(6A)    

Section [Control of Cannabis] provides for legal possession and supply of

cannabis prescribed by a doctor.”

Norman Lamb

18

Clause  2,  page  1,  line  14,  after “any” insert “novel”

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Psychoactive Substances Bill-[Lords], continued

Norman Lamb

19

Clause  2,  page  1,  line  15,  leave out paragraph (a) and insert—

“(a)    

in the opinion of the Advisory Council on the Misuse of Drugs is capable

of producing a psychoactive effect in a person who consumes it, and

(aa)    

is, or appears to the Advisory Council on the Misuse of Drugs likely to

be, misused and of which the misuse is having, or appears to them

capable of having, harmful effects sufficient to constitute a social

problem, and”

Stuart C. McDonald

Anne McLaughlin

Owen Thompson

12

Clause  2,  page  1,  line  16,  leave out “and” and insert—

“(aa)    

is not prohibited by the United Nations Drug Conventions of 1961 and

1971, or by the Misuse of Drugs Act 1971, but which may pose a public

health threat comparable to that posed by substances listed in these

conventions, and”

Member’s explanatory statement

This amendment to the definition includes part of the alternative definition of psychoactive

substances proposed to the Home Affairs Select Committee by the Advisory Council on the Misuse

of Drugs.

Norman Lamb

20

Clause  3,  page  2,  line  12,  at end insert—

“(2A)    

The Advisory Council on the Misuse of Drugs shall propose to the Secretary of

State the amendment of Schedule 1 for the purposes of subsection (2)(a) if they

consider that a substance does not have, or is not capable of having, harmful

effects sufficient to constitute a social problem.”

Norman Lamb

21

Clause  5,  page  3,  line  9,  at end insert—

“(2A)    

It shall be a defence that the person did not supply the substance for gain (whether

direct or indirect).”

Stuart C. McDonald

Anne McLaughlin

Owen Thompson

13

Clause  5,  page  3,  line  15,  at end insert—

“(5)    

It is not an offence under this section for a person (“A”) to supply a psychoactive

substance to person (“B”), where A and B are known to each other and such

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Psychoactive Substances Bill-[Lords], continued

supply is part of an agreement to obtain psychoactive substances for either A’s,

B’s or both’s own consumption and the supply does not profit person A.”

Member’s explanatory statement

This amendment avoid one person being criminalised when as part of a group, he is responsible

for obtaining psychoactive substances for the group where, in effect, each person in the group is

purchasing for their own consumption.

Kit Malthouse

Mrs Anne-Marie Trevelyan

Tom Tugendhat

Dr Tania Mathias

Victoria Prentis

Mike Wood

Simon Hoare

James Cleverly

Craig Williams

Kelly Tolhurst

Chris Green

Huw Merriman

Royston Smith

2

Clause  6,  page  3,  line  19,  leave out “or C” and insert “, C, D or E”

Kit Malthouse

Mrs Anne-Marie Trevelyan

Tom Tugendhat

Dr Tania Mathias

Victoria Prentis

Mike Wood

Simon Hoare

James Cleverly

Craig Williams

Kelly Tolhurst

Chris Green

Huw Merriman

Royston Smith

3

Clause  6,  page  4,  line  7,  at end insert—

“(9A)    

Condition D is that the offence was committed on or within 100 metres of a

children’s home.

(9B)    

For the purposes of section (9A) “children’s home” has the same meaning as in

section 1 of the Care Standards Act 2000.

(9C)    

Condition E is that the offender supplied a psychoactive substance to any persons

who were under the age 18 when the offence was committed.”

Stuart C. McDonald

Anne McLaughlin

Owen Thompson

14

Clause  8,  page  4,  line  38,  leave out paragraph (i)

Member’s explanatory statement

This amendment seeks to exclude from criminalisation those who order psychoactive substances

over the internet for personal consumption.