Police Reform and Social Responsibility Bill (HL Bill 86)

provisions of Act), after subsection (9) insert—

“(10) In this section a reference to “controlled drugs” does not include a
reference to temporary class drugs (see instead section 7A).”.

8 After section 7 insert—

“7A 5Temporary class drug orders: power to make further provision

(1) This section applies if a temporary class drug order specifies a
substance or product as a drug subject to temporary control.

(2) The order may—

(a) include provision for the exception of the drug from the
10application of section 3(1)(a) or (b) or 4(1)(a) or (b),

(b) make such other provision as the Secretary of State thinks fit
for the purpose of making it lawful for persons to do things
in respect of the drug which under section 4(1) it would
otherwise be unlawful for them to do,

(c) 15provide for circumstances in which a person’s possession of
the drug is to be treated as excepted possession for the
purposes of this Act, and

(d) include any provision in relation to the drug of a kind that
could be made in regulations under section 10 or 22 if the
20drug were a Class A drug, a Class B drug or a Class C drug
(but ignoring section 31(3)).

(3) Provision under subsection (2) may take the form of applying (with
or without modifications) any provision made in regulations under
section 7(1), 10 or 22.

(4) 25Provision under subsection (2)(b) may (in particular) provide for the
doing of something to be lawful if it is done—

(a) in circumstances mentioned in section 7(2)(a), or

(b) in compliance with such conditions as may be prescribed by
virtue of section 7(2)(b).

(5) 30Section 7(8) applies for the purposes of this section.

(6) Section 31(1) (general provision as to regulations) applies in relation
to a temporary class drug order that contains provision made by
virtue of this section as it applies to regulations under this Act.”.

9 In section 9A (prohibition of supply etc of articles for administering or
35preparing controlled drugs), in subsection (4)—

(a) at the end of paragraph (a) omit “or”,

(b) in paragraph (b) after “of a controlled drug” insert “, other than a
temporary class drug,”, and

(c) at the end of that paragraph insert “, or

(c) 40the administration by any person of a temporary class
drug to himself in circumstances where having the
drug in his possession is to be treated as excepted
possession for the purposes of this Act (see section
7A(2)(c)).”.

10 45In section 10 (power to make regulations for preventing misuse of controlled

drugs), after subsection (2) insert—

“(3) In this section a reference to “controlled drugs” does not include a
reference to temporary class drugs (see instead section 7A).”.

11 In section 11 (power to direct special precautions for safe custody of
5controlled drugs to be taken at certain premises), in subsection (1) after “of
this Act” insert “or by provision made in a temporary class drug order by
virtue of section 7A that is of a corresponding description to such
regulations”.

12 (1) Section 13 (directions prohibiting prescribing, supply etc of controlled drugs
10by practitioners in other cases) is amended as follows.

(2) In subsection (1)—

(a) after “section 10(2) of this Act” insert “or of corresponding provision
made in a temporary class drug order”, and

(b) after “said paragraph (i)” insert “or of any such corresponding
15provision”.

(3) After subsection (1) insert—

“(1A) For the purposes of subsection (1), provision made in a temporary
class drug order is “corresponding provision” if it—

(a) is made by virtue of section 7A(2)(d), and

(b) 20is of a corresponding description to regulations made in
pursuance of section 10(2)(h) or (as the case may be) 10(2)(i).”.

13 In section 18 (miscellaneous offences), after subsection (4) insert—

“(5) In this section (and in references in Schedule 4 that refer to this
section), any reference to regulations made under this Act is to be
25taken as including a reference to provision made in a temporary class
drug order by virtue of section 7A.

(6) For this purpose, a reference in subsection (1) or (2) to regulations
made in pursuance of section 10(2)(h) or (i) is a reference to any
provision of a temporary class drug order which—

(a) 30is made by virtue of section 7A(2)(d), and

(b) is of a corresponding description to regulations made in
pursuance of section 10(2)(h) or (as the case may be) (i).”.

14 In section 22 (further power to make regulations)—

(a) renumber the existing provision as subsection (1), and

(b) 35after that subsection insert—

“(2) The power to make regulations under this section does not
apply in relation to temporary class drugs (see instead
section 7A).”.

15 (1) Section 23 (powers to search and obtain evidence) is amended as follows.

(2) 40In subsection (2) after “any regulations” insert “or orders”.

(3) In subsection (3)(a) after “any regulations” insert “or orders”.

16 After section 23 insert—

“23A Temporary class drugs: further power to search, seize and detain

(1) Subsection (3) applies in any case where—

(a) a constable has reasonable grounds to suspect that a person
5(“P”) is in possession of a temporary class drug, and

(b) it does not appear to the constable that a power under section
23(2) applies to the case.

(2) But if any provision has been made by virtue of section 7A(2)(c)
(excepted possession) that applies to the temporary class drug in
10question, subsection (3) applies only if the constable has no reason to
believe that P’s possession of the drug is to be treated as excepted
possession for the purposes of this Act.

(3) The constable may—

(a) search P, and detain P for the purposes of searching P;

(b) 15search any vehicle or vessel in which the constable suspects
that the drug may be found, and for that purpose require the
person in control of the vehicle or vessel to stop it;

(c) seize and detain anything found in the course of the search
which appears to the constable to be a temporary class drug
20or to be evidence of an offence under this Act.

In this subsection, “vessel” has the same meaning as in section 23(2).

(4) Subsection (5) applies if a constable reasonably believes that
anything detained under subsection (3)(c) is a temporary class drug
but is not evidence of any offence under this Act.

(5) 25The constable may dispose of the drug in such manner as the
constable thinks appropriate.

(6) A person who intentionally obstructs a constable in the exercise of
the constable’s powers under subsection (3) commits an offence.”.

17 (1) Section 25 (prosecution and punishment of offences) is amended as follows.

(2) 30After subsection (2) insert—

“(2A) Subsection (2B) applies if an offence specified in the first column of
Schedule 4 is committed in relation to a temporary class drug.

(2B) The punishments which may be imposed on a person convicted of
the offence summarily or (as the case may be) on indictment in
35relation to the temporary class drug are the same as those which
could be imposed had the person been convicted of the offence in
that way in relation to a Class B drug (see the fifth column of
Schedule 4).”.

(3) After subsection (3) insert—

“(3A) 40The punishments which may be imposed on a person convicted of an
offence under section 23A(6) are the same as those which, under
Schedule 4, may be imposed on a person convicted of an offence
under section 23(4).”.

18 In section 30 (licenses and authorities) after “of regulations” insert “or
45orders”.

19 In section 37(1) (interpretation), after the definition of “supplying” insert—

• ““temporary class drug order” means an order made under
  section 2A(1);”.

20 In section 38(1) (special provisions as to Northern Ireland) for “2, 7,”
5substitute “2, 2A, 2B, 7, 7A,”.

Amendments of other legislation

21 In Schedule 1 to the Customs and Excise Management Act 1979 (controlled
drugs: variation of punishments for certain offences)—

(a) in paragraph 1—

(i) 10in the opening words for “or a Class B drug” substitute “,
Class B drug or a temporary class drug”, and

(ii) in paragraph (b)(ii) of the substituted words after “Class B
drug” insert “or a temporary class drug”, and

(b) in paragraph 3, for “and “Class C drug”” substitute “, “Class C drug”
15and “temporary class drug””.

22 In section 19 of the Criminal Justice (International Co-operation) Act 1990
(ships used for illicit traffic), in subsection (4)(b) after “Class B drug” insert
“or a temporary class drug”.