Supervised Drug Consumption Facilities Bill (HC Bill 184)

A

BILL

TO

Make provision about supervised drug consumption facilities; to make it
lawful to take controlled substances within such facilities in specified
circumstances; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Safe drug consumption facilities

(1) For the purposes of this Act, “safe drug consumption facilities” are premises in
which medical supervision will be provided for the lawful use of controlled
substances.

(2) 5“L” is any person employed in the facility by the relevant local body licensed
to provide safe drug consumption facilities in accordance with section 2.

(3) “U” is an authorised user of safe drug consumption facilities, authorised by “L”
to use controlled substances in the facility within the terms of the licence.

2 Licence for provision of safe drug consumption facilities

(1) 10Relevant local bodies may apply to the Secretary of State for a licence to
provide safe drug consumption facilities.

(2) Applications must include—

(a) information showing the fitness of the body’s personnel to operate the
proposed facility;

(b) 15information about the suitability of the premises; and

(c) protocols for operation, governance and capacity of the proposed
facility.

(3) Before granting a licence, the Secretary of State shall consider—

(a) the experience and expertise of the personnel proposed to operate the
20facility;

(b) the advice of the prescribed NHS body as to the fitness of the premises
and protocols; and

Supervised Drug Consumption Facilities BillPage 2

(c) any available information about the population of injecting drug users,
the number of drug-related deaths and the incidence of infection from
discarded needles in the area proposed to be served by the facility.

(4) The Secretary of State may refuse a licence if—

(a) 5the application made under subsection (2) is incomplete;

(b) the prescribed NHS body advises that the premises or protocols are
inadequate;

(c) the proposed location is not an area of need for safe drug consumption
facilities.

(5) 10The Secretary of State may by regulations make provision as to—

(a) the duration, renewal, revocation, transfer, suspension or surrender of
a licence;

(b) the conditions which may attach to a licence;

(c) the keeping of records, inspection of premises and protocols, and
15training of personnel deemed necessary for the proper operation of safe
drug consumption facilities.

(6) In this section, “the relevant local body” and “the prescribed NHS body” have
the meaning prescribed by regulations made—

(a) in relation to England, by the Secretary of State;

(b) 20in relation to Scotland, by the Scottish Ministers;

(c) in relation to Wales, by the Welsh Ministers;

(d) in relation to Northern Ireland, by the Health Department.

3 Amendments to the Misuse of Drugs Act 1971

(1) The Misuse of Drugs Act 1971 is amended as follows.

(2) 25In section 4 (restriction of production and supply of controlled drugs), after
subsection (3), insert—

(4) U and L shall be exempt from prosecution under subsection (1)(b)
when acting in safe drug consumption facilities licensed under section
2 of the Safe Drug Consumption Facilities Act 2018 (licence for
30provision of safe drug consumption facilities) in accordance with the
terms of the licence.”

(3) In section 5 (restriction of possession of controlled drugs), after subsection (6),
insert—

(7) U shall be exempt from prosecution under subsection (1) when acting
35in safe drug consumption facilities licensed under section 2 of the Safe
Drug Consumption Facilities Act 2018 (licence for provision of safe
drug consumption facilities) in accordance with the terms of the
licence.”

(4) In section 8 (occupiers etc of premises to be punishable for permitting certain
40activities to take place there)—

(a) the existing text becomes subsection (1), and

(b) after subsection (1), insert—

(2) L shall be exempt from prosecution under subsection (1) when
acting in safe drug consumption facilities licensed under section
452 of the Safe Drug Consumption Facilities Act 2018 (licence for

Supervised Drug Consumption Facilities BillPage 3

provision of safe drug consumption facilities) in accordance
with the terms of the licence.”

(5) In section 9 (prohibition of certain activities etc relating to opium)—

(a) the existing text becomes subsection (1), and

(b) 5after subsection (1), insert —

(2) U and L shall be exempt from prosecution under subsection (1)
when acting in safe drug consumption facilities licensed under
section 2 of the Safe Drug Consumption Facilities Act 2018
(licence for provision of safe drug consumption facilities) in
10accordance with the terms of the licence.”

(6) In section 37 (interpretation), subsection (1)—

(a) after “Parliament of Northern Ireland;”, insert—

  • ““L” is any person employed in the facility by the relevant
    local body licensed to provide safe drug consumption
    15facilities in accordance with section 2 of the Safe Drug
    Consumption Facilities Act 2018;”

(b) after the second incidence of “corresponding meaning;”, insert—

  • ““safe drug consumption facilities” are premises in which
    medical supervision will be provided for the lawful use
    20of controlled substances;” and

(c) after “made under section 2A(1);”, insert—

  • ““U” is an authorised user of safe drug consumption
    facilities, authorised by “L” to use controlled substances
    in the facility within the terms of the licence;”.

4 25Annual report

(1) The Secretary of State shall, no later than 15 months after the day on which this
Act is passed, and every 12 months thereafter, lay before each House of
Parliament a report on—

(a) the number of drug-related deaths for that year;

(b) 30the incidence of on-street drug injecting for that year;

(c) the incidence of infection by discarded needles for that year; and

(d) the effect on the matters reported on in accordance with paragraphs (a)
to (c) of the licensing of safe drug consumption facilities.

(2) The Secretary of State shall, before completing this report, consult—

(a) 35the Scottish Ministers,

(b) the Welsh Ministers, and

(c) the Northern Ireland Department of Health

on the matters listed in subsection (1).

5 Regulations

(1) 40Regulations under section 2(5) and 2(6) of this Act are to be made by statutory
instrument.

(2) A statutory instrument containing regulations under section 2(5) may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.

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(3) A statutory instrument made by the Secretary of State containing regulations
under section 2(6) is subject to annulment in pursuance of a resolution of either
House of Parliament.

(4) Regulations made by the Scottish Ministers under section 2(6) of this Act are
5subject to the negative procedure (see section 28 of the Interpretation and
Legislative Reform (Scotland) Act 2010).

(5) Regulations made by the Welsh Ministers under section 2(6) this Act are
subject to annulment in pursuance of a resolution of the National Assembly for
Wales.

(6) 10Regulations made by the Northern Ireland Department of Health under
section 2(6) of this Act are subject to negative resolution within the meaning
given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.

6 Financial provisions

(NONE) There is to be paid out of money provided by Parliament—

(a) 15any expenditure incurred under or by virtue of this Act by the Secretary of
State, and

(b) any increase attributable to the Act in the sums payable under any other Act
out of money so provided.

7 Extent, commencement and short title

(1) 20This Act extends to England and Wales, Scotland and Northern Ireland.

(2) This Act (other than sections 2, 6 and this section) comes into force at the end
of the period of twelve months beginning with the day on which this Act is
passed.

(3) Sections 2, 6 and this section come into force two months after the day on which
25this Act is passed.

(4) This Act may be cited as the Safe Drug Consumption Facilities Act 2018.