Psychoactive Substances Bill [HL]

Second
Marshalled
List of Amendments
to be moved
in Committee

The amendments have been marshalled in accordance with the Instruction of 16th June 2015, as follows—

Clause 3
Schedule 1
Clauses 4 to 36
Schedule 2
Clauses 37 to 52 Title
Schedule 3
Clauses 53 and 54
Schedule 4
Clauses 55 to 57

[Amendments marked * are new or have been altered]

Clause 3

LORD NORTON OF LOUTH

15

Page 2, line 9, leave out “or vary”

BARONESS MEACHER

LORD NORTON OF LOUTH

16

Page 2, line 10,
at end insert—


3

“(2A)    The Secretary of State must add a substance to Schedule 1 under subsection
(2)(a) if it is deemed to pose low health, social and safety risks.

(2B)    A substance is deemed to pose low health, social and safety risks under
subsection (2A) if it is so determined by an independent committee
comprising experts nominated by the Royal College of Psychiatrists, the
8British Pharmacological Society and the Academy of Medical Sciences.”

LORD HOWARTH OF NEWPORT

[Amendments 17 and 18 are amendments to Amendment 16]

17


Line 2, leave out “a substance” and insert “certain substances”

18

Line 7,
at end insert—

“(2C)    These substances must included one stimulant, one depressant and one
hallucinogenic.”

(2D)    Before adding these substances, which may be substances at present
controlled under the provisions of the Misuse of Drugs Act 1971, the
Secretary of State must be satisfied that he has established a regime of
appropriate regulation in relation to each of them.”

LORD PADDICK

BARONESS HAMWEE

BARONESS MEACHER

19

Page 2, line 10,
at end insert—

“(2A)    The Secretary of State must make regulations under subsection (2) to
implement any recommendations of the Medicines and Healthcare

Products Regulatory Agency to amend Schedule 1 in order to—

(a)   add any substance;

(b)   add or vary any description of any substance; or

(c)   remove any substance added under subsection (2).

(2B)    The Secretary of State must make regulations under subsection (2) to

provide for a substance to be included in Schedule 1 where—

(a)   the Medicines and Healthcare Products Regulatory Agency, or

(b)   the Advisory Council on the Misuse of Drugs,

determines that the substance poses a low overall risk.”

LORD PADDICK

BARONESS HAMWEE

LORD TUNNICLIFFE

LORD ROSSER

20

Page 2, line 12,
leave out “such” and insert “the Advisory Council on the Misuse of
Drugs and such other”

LORD PADDICK

BARONESS HAMWEE

21

Page 2, line 12,
at end insert “and publish a report of the responses to the
consultation”

22

Page 2, line 17,
at end insert—

“( )     
For the purposes of this section, “low overall risk” means that on balance
the substance poses a low risk of having harmful effects sufficient to
constitute a social problem.”

After Clause 3

LORD PADDICK

BARONESS HAMWEE

BARONESS MEACHER

23

Insert the following new 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.””

Schedule 1

LORD PADDICK

BARONESS HAMWEE

24

Page 34, line 5,
at end insert “except to the extent necessary to give effect to section
(Possession of controlled drugs)”

BARONESS MEACHER

25

Page 34, line 7,
leave out paragraph 2 and insert—

“2     All medicinal products prescribed by a doctor or sold by a licensed
pharmacist.”

26

Page 34, line 13,
leave out paragraph 3 and insert—

“3     All research pharmaceuticals being used to develop new medicines or
progress neuroscience research.”

27

Page 34, line 16,
at end insert—

“      Low non-psychoactive doses of psychoactive substances.”

LORD PADDICK

BARONESS HAMWEE

28

Page 34, line 22,
at end insert—

“Substances subject to research and development

  (1)     Any product which is in the process of being developed and the
development of which is for medicinal or therapeutic purposes or non-
recreational purposes.

(2)     
“Non-recreational purposes” may include—

(a)   reducing social harm,

(b)   reducing long-term risks associated with another substance,

(c)   a purpose which would not require the substance to be
consumed, or

(d)   any other purpose designated by the Secretary of State in
regulations made by statutory instrument.

(3)     A statutory instrument containing regulations under sub-paragraph
(2)(d) may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.”

LORD NORTON OF LOUTH

29

Page 34, leave out lines 25 to 29

LORD PADDICK

BARONESS HAMWEE

30

Page 34, line 29,
after “any” insert “other”

31

Page 35, line 7,
after “any” insert “other”

32

Page 35, line 12,
after “any” insert “other”

33

Page 35, line 20,
after “substance” insert “other than a substance or product
exempted under any other paragraph of this Schedule”

34

Page 35, line 22, at end insert “or other applicable”

Clause 4

LORD PADDICK

BARONESS HAMWEE

35

Page 2, line 22,
leave out “suspects” and insert “thinks”

Clause 5

LORD PADDICK

BARONESS HAMWEE

36

Page 2, line 36,
leave out “suspects” and insert “thinks”

37

Page 2, line 36,
leave out “suspect” and insert “think”

38

Page 3, line 6, leave out subsection (3)

After Clause 5

LORD HOWARTH OF NEWPORT

BARONESS MEACHER

39

Insert the following new Clause—

“Possession for personal use

Possession for personal use of any psychoactive substances, including
psychoactive substances hitherto controlled under the provisions of the
Misuse of Drugs Act 1971, is not a criminal offence.”

Clause 6

LORD TUNNICLIFFE

LORD ROSSER

40

Page 3, line 16,
leave out “or B” and insert “, B or C”

LORD KIRKWOOD OF KIRKHOPE

THE LORD BISHOP OF BRISTOL

41

Page 3, line 16,
leave out “or B” and insert “B, C or D”

42

Page 3, line 28,
at end insert—

“( )     Condition C is that the offence was committed on or in the vicinity of any
premises intended to locate any vulnerable child.

( )     
In this section “vulnerable child” means any person aged under 18 who is

not living with their family and is—

(a)   accommodated in regulated residential care or unregulated
accommodation under section 17, 20, 25 or 31 of the Children Act
1989; or

(b)   accommodated in independent or semi-independent
accommodation under Part 7 of the Housing Act 1996.

( )     Condition D is that the offender supplies a psychoactive substance to any
persons under the age of 18.”

LORD BATES

43

Page 3, line 32, leave out “psychoactive”

LORD TUNNICLIFFE

LORD ROSSER

44

Page 3, line 38,
at end insert—

“( )     Condition C is that the offence was committed on prison premises.”

Clause 8

LORD PADDICK

BARONESS HAMWEE

45

Page 4, line 17,
at end insert “other than for the person’s own consumption”

BARONESS MEACHER

46

Page 4, line 22, leave out sub-paragraph (i)

Clause 10

LORD PADDICK

BARONESS HAMWEE

47

Page 5, line 31,
leave out “such” and insert “the Advisory Council on the Misuse of
Drugs and such other”

48

Page 5, line 31,
at end insert “and publish a report of the responses to the
consultation”

LORD TUNNICLIFFE

LORD ROSSER

49

Page 5, line 35,
at end insert—

“( )     Regulations providing for specified medical research activity to be
excluded from the application of the offences under this Act shall be laid
before each House of Parliament within one week of sections 4 to 10
coming into force.”

After Clause 10

LORD PADDICK

BARONESS HAMWEE

50

Insert the following new Clause—

“Control of cannabis

(1)     Within six months of the passing of this Act, the Secretary of State shall

make regulations to amend the Misuse of Drugs Regulations 2001—

(a)   to omit from Schedule 1 to the regulations the substances listed in
subsection (2); and

(b)   to add those substances to Schedule 2 to the regulations.

(2)     
The substances referred to in subsection (1) are—

(a)   cannabis; and

(b)   cannabis resin.”

Before Clause 11

LORD PADDICK

BARONESS HAMWEE

BARONESS MEACHER

51

Insert the following new Clause—

“Licences for sale of psychoactive substances

(1)     The Secretary of State shall within one year after the passing of this Act

make regulations for the licensing of—

(a)   specified persons;

(b)   specified premises;

to sell psychoactive substances determined to pose low overall risk and
exempted under Schedule 1 by regulations made under section 3.

(2)     Before making any regulations under this section, the Secretary of State

must consult—

(a)   representatives of chief officers of police, local authorities and small
businesses, and

(b)   such other persons as the Secretary of State considers appropriate.

(3)     
Regulations under this section may—

(a)   make different provision for different purposes, and

(b)   contain incidental, supplemental, consequential or transitional
provision or savings.

(4)     The power to make regulations under this section is exercisable by
statutory instrument.

(5)     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.

(6)     In this section “specified” means specified in regulations.”

Clause 11

LORD PADDICK

BARONESS HAMWEE

52

Page 6, line 8,
at end insert “other than for his own consumption”

53

Page 6, line 10, leave out paragraph (f)

54

Page 6, line 11,
at end insert—

“( )     For the purposes of this section, the provision of advice or information as
to the reduction of harm shall not be a prohibited activity within paragraph
(f)”

Clause 12

LORD PADDICK

BARONESS HAMWEE

55

Page 6, line 23,
at end insert—

“( )     In the case of reasonable belief under subsection (3) that the person is likely
to carry on the activity, the prohibition notice must set out the reasons for
that belief.”

55A

Page 6, line 31, leave out from “notice” to end

LORD BATES

56

Page 6, line 35,
leave out “police officer (or, in Scotland, a constable)” and insert
“constable”

Clause 13

BARONESS MEACHER

57

Page 6, line 41,
leave out “and B” and insert “, B and C”

LORD PADDICK

BARONESS HAMWEE

58

Page 7, line 10,
at end insert—

“( )     In the case of reasonable belief under subsection (3) that the person is likely
to carry on the activity, the premises notice must set out the reasons for that
belief.”

LORD BATES

59

Page 7, line 12,
leave out “prohibition” and insert “premises”

BARONESS MEACHER

60

Page 7, line 14,
at end insert—

“( )     Condition C is that the person to whom the notice is given is informed that
failure to comply with the notice may result in court proceedings.”

LORD PADDICK

BARONESS HAMWEE

60A

Page 7, line 15,
at end insert—

“( )     
A premises notice—

(a)   must specify the period for which it has effect, and

(b)   may not have effect for more than 3 years.”

Clause 14

LORD PADDICK

BARONESS HAMWEE

60B

Page 7, line 28, at end insert “based on the grounds in paragraph (a)”

LORD BATES

61

Page 7, line 31, at end insert “acting on behalf of the same person as that officer”

Clause 15

LORD BATES

62

Page 7, line 41,
at end insert “, or

( )   subject to subsection (8), sending it to the person by electronic
means.”

63

Page 8, line 9,
after second “the” insert “address of the”

64

Page 8, line 20,
at end insert—

“(8)     
A notice may be sent to a person by electronic means only if—

(a)   the person has indicated that notices of the same description as a
notice under section 12, 13 or 14 (as the case may be) may be given
to the person by being sent to an electronic address and in an
electronic form specified for that purpose, and

(b)   the notice is sent to that address in that form.

(9)     
In subsection (8) “electronic address” means any number or address used
for the purposes of sending or receiving documents or information by

electronic means.”

After Clause 15

LORD PADDICK

BARONESS HAMWEE

64A

Insert the following new Clause—

“Appeals against notices

(1)     A person issued with a prohibition notice or a premises notice may appeal

to a magistrates’ court against the notice on any of the following grounds—

(a)   that a prohibited activity or the prohibited activity specified in the

notice—

(i)   has not been carried on,

(ii)   is not likely to be carried on, or

(iii)   in the case of a premises notice, is conduct that the person
cannot reasonably be expected to control or effect;

(b)   that there is a material defect or error in, or in connection with, the
notice;

(c)   that the notice was given to the wrong person.

(2)     An appeal must be made within the period of 21 days beginning with the
day on which the person is given the notice.

(3)     
While an appeal against a notice is in progress—

(a)   a requirement imposed by a premises notice to take any steps
remains in effect, unless the court orders otherwise, but

(b)   any other requirement imposed by a notice is of no effect.

(4)     
For the purpose of subsection (3) an appeal is “in progress” until it is finally
determined or is withdrawn.

(5)     
A magistrates’ court hearing an appeal against a community protection

notice must—

(a)   quash the notice,

(b)   modify the notice (for example by extending a period specified in
it), or

(c)   dismiss the appeal.”

Clause 17

LORD PADDICK

BARONESS HAMWEE

65

Page 8, line 35,
leave out “on the balance of probabilities” and insert “beyond
reasonable doubt”

65A

Page 8, line 39,
leave out “on the balance of probabilities” and insert “beyond
reasonable doubt”

LORD BATES

66

Page 9, line 19,
at end insert “an individual who is”

67

Page 9, line 24, at end insert “an individual who is”

Clause 19

LORD PADDICK

BARONESS HAMWEE

68

Page 10, line 18,
leave out “on the balance of probabilities” and insert “beyond
reasonable doubt”

68A

Page 10, line 22,
leave out “on the balance of probabilities” and insert “beyond
reasonable doubt”

Clause 20

LORD BATES

69

Page 11, line 18,
leave out “police officer” and insert “constable”

70

Page 11, line 20,
leave out “police officer” and insert “constable”

Clause 21

LORD BATES

71

Page 11, line 32,
leave out from beginning to “the” in line 33 and insert “A court
making a prohibition order or a premises order, or a court varying such an order
under or by virtue of any of sections 24 to 27, may by the order impose any
prohibitions, restrictions or requirements that”

LORD PADDICK

BARONESS HAMWEE

71A

Page 11, line 33,
after “appropriate” insert “and proportionate”

LORD BATES

72

Page 12, line 2,
at end insert—

“( )     An item that is handed over in compliance with a requirement imposed by

virtue of subsection (4) may not be disposed of—

(a)   before the end of the period within which an appeal may be made
against the imposition of the requirement (ignoring any power to
appeal out of time), or

(b)   if such an appeal is made, before it is determined or otherwise dealt
with.”

73

Page 12, line 19,
at end insert—

“( )     Subsection (6) of section
13 (when a person “owns” premises) applies for
the purposes of subsection (5) of this section as it applies for the purposes
of that section.”

74

[Withdrawn]

Clause 22

LORD BATES

74A

Page 12, line 35,
leave out “a designated NCA officer or”

74B

Page 12, line 46,
at end insert “, a general customs official or a person authorised
by a person listed in subsection (2A).

(2A)    
Those persons are—

(a)   the chief officer of police for a police area, in the case of an order
made in England and Wales;

(b)   the chief constable of the Police Service of Scotland, in the case of an
order made in Scotland;

(c)   the chief constable of the Police Service of Northern Ireland, in the
case of an order made in Northern Ireland;

(d)   the chief constable of the British Transport Police Force, in the case
of an order made in England and Wales or Scotland;

(e)   the Director General of the National Crime Agency;

(f)   the Secretary of State by whom general customs functions are
exercisable.”

After Clause 22

LORD BATES

75

Insert the following new Clause—

“Access prohibitions: reimbursement of costs

(1)     A person listed in subsection (2) that incurs expenditure for the purpose of
clearing, securing or maintaining premises in respect of which an access
prohibition is in effect (see section 21(5)) may apply to the court for an order
under this section.

(2)     
Those persons are—

(a)   a local policing body;

(b)   the Scottish Police Authority;

(c)   the chief constable of the Police Service of Northern Ireland;

(d)   the British Transport Police Authority;

(e)   the Director General of the National Crime Agency;

(f)   the Secretary of State by whom general customs functions are
exercisable;

(g)   a local authority.

(3)     On an application under this section the court may make whatever order it
considers appropriate for the reimbursement (in full or in part) by the
person against whom the order imposing the access prohibition was made
of the expenditure mentioned in subsection (1).

(4)     An application for an order under this section may not be heard unless it is
made before the end of the period of 3 months starting with the day on
which the access prohibition ceases to have effect.

(5)     An application under this section must be served on the person against
whom the order imposing the access prohibition was made.

(6)     
In this section “the court” means—

(a)   the court that made the prohibition order or the premises order
imposing the access prohibition, except where paragraph (b) or (c)
applies;

(b)   where the court that made the order was the Court of Appeal, the
Crown Court;

(c)   where the court that made the order was a youth court but the
person against whom the order was made is aged 18 or over at the

time of the application, a magistrates’ court or, in Northern Ireland,
a court of summary jurisdiction.”

76

Insert the following new Clause—

“Access prohibitions: exemption from liability

(1)     Neither an authorised person, nor the person under whose direction or
control the authorised person acts, is to be liable in damages for anything
done, or omitted to be done, by the authorised person in the exercise or
purported exercise of a power under section 22.

(2)     Subsection (1) does not apply to an act or omission shown to have been in
bad faith.

(3)     Subsection (1) does not apply so as to prevent an award of damages made
in respect of an act or omission on the ground that the act or omission was
unlawful by virtue of section 6(1) of the Human Rights Act 1998.

(4)     This section does not affect any other exemption from liability (whether at
common law or otherwise).

(5)     In this section “authorised person” has the same meaning as in section 22.”

After Clause 23

LORD BATES

77

Insert the following new Clause—

“Offence of failing to comply with an access prohibition, etc

(1)     This section applies where a prohibition order or a premises order imposes
an access prohibition (see section 21(5)).

(2)     A person, other than the person against whom the order was made, who
without reasonable excuse remains on or enters premises in contravention
of the access prohibition commits an offence.

(3)     A person who without reasonable excuse obstructs a person acting under
section 22(1) commits an offence.

(4)     
A person guilty of an offence under subsection (2) or (3) is liable—

(a)   on summary conviction in England and Wales, to either or both of

the following—

(i)   imprisonment for a term not exceeding 51 weeks (or 6
months, if the offence was committed before the
commencement of section 281(5) of the Criminal Justice Act
2003);

(ii)   a fine;

(b)   on summary conviction in Scotland, to either or both of the

following—

(i)   imprisonment for a term not exceeding 12 months;

(ii)   a fine not exceeding level 5 on the standard scale;

(c)   on summary conviction in Northern Ireland, to either or both of the

following—

(i)   imprisonment for a term not exceeding 6 months;

(ii)   a fine not exceeding level 5 on the standard scale.”

Clause 24

LORD BATES

78

Page 14, line 28,
at end insert—

“( )     An order that has been varied under this section remains an order of the
court that first made it for the purposes of—

(a)   section (Access prohibitions: reimbursement of costs);

(b)   any further application under this section.”

Clause 25

LORD BATES

79

Page 14, line 40, leave out “section” and insert “sections (Access prohibitions:
reimbursement of costs
) and”

Clause 26

LORD BATES

80

Page 15, line 15,
at end insert—

“( )     An appeal under subsection (1) against the making of an order must be
made before the end of the period of 28 days starting with the date of the
order.”

81

Page 15, line 17,
at end insert “, and may also make such incidental or
consequential orders as appear to it to be just.”

82

Page 15, line 19, leave out “section” and insert “sections (Access prohibitions:
reimbursement of costs
) and”

Clause 27

LORD BATES

83

Page 16, line 16,
at end insert—

“( )     An appeal under subsection (1) against the making of a decision must be
made before the end of the period of 28 days starting with the date of the
decision.”

84

Page 16, line 17,
leave out “Crown Court may” and insert “court hearing the appeal
may (to the extent it would not otherwise have power to do so)”

85

Page 16, line 19,
at end insert—

“( )     A prohibition order or a premises order that has been varied by virtue of
subsection (4) remains an order of the court that first made it for the
purposes of sections (Access prohibitions: reimbursement of costs) and 24.”

Clause 28

LORD PADDICK

BARONESS HAMWEE

85A

Page 16, line 28,
leave out “civil” and insert “criminal”

85B

Page 16, line 30,
leave out “the balance of probabilities” and insert “that the matter
is beyond reasonable doubt”

85C

Page 16, line 32, leave out “not”

LORD BATES

86

Page 17, line 11, after “18” insert “, (Access prohibitions: reimbursement of costs)”

Clause 31

LORD BATES

87

Page 18, line 31,
at end insert—

“( )   an individual against whom a prohibition order imposing an access
prohibition has been made reaches the age of 18 whilst proceedings
before a youth court under section (Access prohibitions:
reimbursement of costs
) are ongoing.”

Clause 32

LORD PADDICK

BARONESS HAMWEE

87A

Page 18, line 42, leave out “or section 23”

LORD BATES

87B

Page 19, leave out line 10

87C

Page 19, line 11,
at end insert “, or

(0)   a designated NCA officer authorised by the Director
General of the National Crime Agency (whether generally
or specifically) to exercise the powers of a police or customs
officer under this Act;”

Clause 35

LORD BATES

88

Page 20, line 33,
after “a” insert “relevant enforcement officer or a”

After Clause 35

LORD HOWARTH OF NEWPORT

89

Insert the following new Clause—

“Report on use of stop and search powers

(1)     The Secretary of State shall make a report to Parliament each year on the
use of powers to stop and search persons and vehicles and of other search
warrants under the powers created in this Act.

(2)     The report shall include statistical and other information which it appears
appropriate to the Secretary of State to include as to the numbers of
individuals stopped and searched under these powers, their ethnicity and
other socio-economic characteristics, the grounds upon which these
powers have been used, and the numbers of people subsequently made
subject to the various enforcement measures provided for in this Act.”

Schedule 2

LORD BATES

90

Page 35, line 36,
at end insert—

“( )     In the case of an application made by a procurator fiscal, any
requirement imposed on a person applying for a search warrant by this
paragraph or paragraph 2 may be met by a relevant enforcement
officer.”

91

Page 36, leave out lines 20 and 21

92

Page 36, line 27,
at end insert—

“( )     
In this paragraph “specific-premises warrant” and “all-premises
warrant” have the meaning given by section 35(3).”

93

Page 38, line 23,
after “warrant” insert “issued in England and Wales or Northern
Ireland”

94

Page 38, line 35, leave out paragraph (b)

Clause 46

LORD PADDICK

BARONESS HAMWEE

94A

Page 26, line 8, leave out “the officer reasonably believes that”

Clause 47

LORD BATES

95

Page 26, line 35,
leave out from beginning to first “the” in line 44 and insert—

“(3)     
If the court is satisfied that—

(a)   the item is a psychoactive substance, and

(b)   at the time of its seizure, the item was not being used for the
purposes of, or in connection with, an exempted activity (see
subsection (12)) carried on by a person entitled to the item,

the court must order the forfeiture of the item.

(4)     If the item is not a psychoactive substance,”

96

Page 27, line 3,
leave out “body” and insert “person”

97

Page 27, line 34,
at end insert “an individual who is”

98

Page 27, line 39,
at end insert “an individual who is”

99

Page 27, line 42,
leave out subsection (12) and insert—

“(12)    
For the purposes of this section—

(a)   
an activity is an “exempted activity” in relation to a person if the
carrying on of the activity by that person would not be an offence
under this Act by virtue of regulations under section 10;

(b)   
the persons “entitled” to an item are—

(i)   the person from whom it was seized;

(ii)   (if different) any person to whom it belongs.”

Clause 49

LORD BATES

100

Page 29, line 16,
after “is” insert “an individual who is”

101

Page 29, line 21,
after “is” insert “an individual who is”

Clause 50

LORD BATES

102

Page 29, line 30,
at end insert—

“( )     
In this section “the court” means—

(a)   the court by or before which the person is convicted of the offence,
or

(b)   if the person is committed to the Crown Court to be dealt with for
that offence, the Crown Court.”

103

Page 29, line 31, leave out “by which the person is convicted”

Before Clause 51

LORD TUNNICLIFFE

LORD ROSSER

104

Insert the following new Clause—


“Secretary of State’s duty to increase public awareness of new psychoactive
substances

(1)     The Secretary of State must establish a scheme to promote public
awareness of new psychoactive substances, including the dangers these
substances may pose.

(2)     The duty referred to in subsection (1) includes, but is not limited to, the

requirement to introduce measures to—

(a)   increase public awareness of new psychoactive substances; and

(b)   assist schools in educating pupils about the dangers associated with
new psychoactive substances.

(3)     The Secretary of State must publish, and lay before each House of
Parliament, a report on the actions undertaken in pursuance of this section,
within six months of the passing of this Act and annually thereafter.

(4)     
The report shall include, but not be limited to—

(a)   measures that have been taken to increase public awareness,
including the cost of such measures;

(b)   measures that have been taken to assist schools in educating their
pupils;

(c)   a subsequent review of the effectiveness of the measures taken; and

(d)   any further measures that the Secretary of State plans to undertake
in the future.”

105

Insert the following new Clause—

“Annual reporting

(1)     The Secretary of State must publish an annual report on new psychoactive
substances, subject to subsections (2) and (3).

(2)     The report must be published, and a copy laid before each House of
Parliament, within six months of the passing of this Act and annually
thereafter.

(3)     
The report shall include—

(a)   the number of prosecutions, convictions and sentences for offences
under sections 4 to 8 of this Act;

(b)   the operation of powers created under sections 12, 13 and 32 to 35;

(c)   the number of new psychoactive substances identified in the UK;

(d)   the number of hospital admissions linked to new psychoactive

substances which were—

(i)   poisonings;

(ii)   mental health related; and

(iii)   other;

(e)   the number of new psychoactive substances controlled under the
Misuse of Drugs Act 1971; and

(f)   the number of exemptions for psychoactive substances granted
under section 3.”

Schedule 3

LORD BATES

105A

Page 41, line 15,
leave out from “applies” to end of line 16 and insert “where—

(a)   a person proposes to give a prohibition notice,

(b)   a person makes an application for a prohibition order under
section 17, or

(c)   a person mentioned in subsection (1)(a) or (2) of section 24 makes
an application under that section for the variation of a
prohibition order.”

105B

Page 41, line 17,
leave out “A” and insert “The”

105C

Page 41, line 17,
leave out “a”

105D

Page 41, line 18,
leave out second “the” and insert “a non-UK”

105E

Page 41, line 29,
after “making” insert “or varying”

105F

Page 41, line 32,
leave out “a law enforcement officer” and insert “the relevant
enforcement authority”

105G

Page 41, line 33,
leave out “officer” and insert “authority”

105H

Page 41, line 36,
leave out “a law enforcement officer” and insert “the relevant
enforcement authority”

105J

Page 41, line 37,
leave out from “of” to end of line 43 and insert “the relevant
matters (see sub-paragraph (5A)).

(5A)    
The “relevant matters” are—

(a)   in the case of a prohibition notice, the intention to give a
prohibition notice containing the terms;

(b)   
in the case of a prohibition order, the intention to apply for—

(i)   a prohibition order containing the terms, or

(ii)   the variation of a prohibition order so that it contains the
terms;

(c)   in either of those cases, the terms.

(6)     In the case of a prohibition order, it does not matter for the purposes of
sub-paragraph (5) whether the request or notification is made before or
after the making of the application referred to in sub-paragraph (5A)(b).

(7)     
In this paragraph—


“non-UK service provider” means a service provider established in
an EEA state other than the United Kingdom;


“the relevant enforcement authority” means—

(a)   in the case of a prohibition notice to be given by a constable,
the chief officer of police or chief constable (as the case may
be) of the police force of which the constable is a member;

(b)   in the case of a prohibition notice to be given by a
designated NCA officer, the Director General of the
National Crime Agency;

(c)   in the case of a prohibition notice to be given by a general
customs official, the Secretary of State by whom general
customs functions are exercisable;

(d)   in the case of a prohibition notice to be given by a local
authority, that local authority;

(e)   in the case of a prohibition order, the person applying for
the order or for the variation of the order (as the case may
be).”

Clause 53

LORD BATES

105K

Page 31, line 4,
leave out “9 or”

105L

Page 31, line 17,
after “sheriff” insert “or a justice of the peace”

Schedule 4

LORD BATES

106

Page 45, line 36,
at end insert—

“Police (Northern Ireland) Act 2003

2A     In Schedule 2A to the Police (Northern Ireland) Act 2003 (powers and

duties of community support officer), after paragraph 9 insert—

“Powers to seize and retain: psychoactive substances

9A  (1)     
If a CSO—

(a)   
finds a psychoactive substance in a person’s
possession (whether or not the CSO finds it in the
course of searching the person by virtue of any other
paragraph of this Schedule), and

(b)   reasonably believes that it is unlawful for the person to
be in possession of it,

the CSO may seize it and retain it.

(2)     
If a CSO—

(a)   
finds a psychoactive substance in a person’s
possession (as mentioned in sub-paragraph (1)), or

(b)   reasonably believes that a person is in possession of a
psychoactive substance,

and reasonably believes that it is unlawful for the person to be
in possession of it, the CSO may require the person to give the
CSO his name and address.

(3)     If in exercise of the power conferred by sub-paragraph (1) the
CSO seizes and retains a psychoactive substance, the CSO

must—

(a)   if the person from whom it was seized maintains that

he was lawfully in possession of it—

(i)   tell the person where inquiries about its
recovery may be made, and

(ii)   explain the effect of sections 45 to 47 and 49 of
the Psychoactive Substances Act 2015
(retention and disposal of items), and

(b)   
comply with a constable’s instructions about what to
do with it.

(4)     Any substance seized in exercise of the power conferred by
sub-paragraph (1) is to be treated for the purposes of sections
45 to 49 of the Psychoactive Substances Act 2015 as if it had
been seized by a police or customs officer under section 32 of
that Act.
Section 46 of that Act applies in relation to any such substance
as if the reference in subsection (1)(b) to the police or customs
officer who seized it were a reference to the CSO who seized it.

(5)     A person who fails to comply with a requirement under sub-
paragraph (2) is guilty of an offence and is liable, on summary
conviction, to a fine not exceeding level 3 on the standard
scale.

(6)     Paragraph 4 applies in the case of a requirement imposed by
virtue of sub-paragraph (2) as it applies in the case of a
requirement under paragraph 2(1).

(7)     
In this paragraph “police or customs officer” and

“psychoactive substance” have the same meaning as in the
Psychoactive Substances Act 2015.”

107

Page 47, line 11, leave out from beginning to “or” in line 12

LORD KIRKWOOD OF KIRKHOPE

THE LORD BISHOP OF BRISTOL

108

Page 48, line 23,
at end insert—

“Misuse of Drugs Act 1971

1   (1)     

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

(2)   In section 4A (aggravation of offence of supply of controlled
drug) after subsection (4) insert—

“(4A)    The third condition is that the offence was committed on or in
the vicinity of any premises intended to locate any person
aged under 18 who is accommodated under section 17, 20, 25
or 31 of the Children Act 1989 or Part 7 of the Housing Act
2004.

(4B)    The fourth condition is that the offender supplies a controlled
drug to any person under the age of 18.””

Clause 57

BARONESS MEACHER

LORD NORTON OF LOUTH

109

Page 33, line 7,
leave out subsection (1) and insert—

“(1)     This section comes into force on the day on which this Act is passed.”

LORD PADDICK

BARONESS HAMWEE

110

Page 33, line 9, after “sections” insert “(Control of cannabis),”

111

Page 33, line 9, leave out “53, 55” and insert “(Review of the Misuse of Drugs Act
1971
), 53”

112

Page 33, line 10, leave out paragraph (b)

LORD HOWARTH OF NEWPORT

113

Page 33, line 12,
at end insert “but not before both Houses of Parliament have
debated the conclusions of the United Nations General Assembly Special Session
on Drugs in 2016”

BARONESS MEACHER

LORD NORTON OF LOUTH

114

Page 33, line 12,
at end insert—

“( )     The Secretary of State may not make regulations under subsection (2) until
she has published a report under section (Republic of Ireland: impact
assessment
).”

LORD PADDICK

BARONESS HAMWEE

115

Page 33, line 13,
at end insert—

“( )   not be made within six months after the Secretary of State has laid
a copy of the report of the review under section (Review of the Misuse
of Drugs Act 1971
)(2)”

Prepared 27th June 2015