EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Home Office, are published separately
as HL Bill 2—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Lord Bates 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
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Introductory
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1.
Overview
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Psychoactive substances
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2.
Meaning of “psychoactive substance” etc
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3.
Exempted substances
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Offences
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4.
Producing a psychoactive substance
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5.
Supplying, or offering to supply, a psychoactive substance
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6.
Aggravation of offence under section 5
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7.
Possession of psychoactive substance with intent to supply
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8.
Importing or exporting a psychoactive substance
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9.
Penalties
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10.
Power to provide for exceptions to offences
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Powers for dealing with prohibited activities
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11.
Meaning of “prohibited activity”
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12.
Prohibition notices
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13.
Premises notices
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14.
Prohibition notices and premises notices: supplementary
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15.
Means of giving notices under sections 12 to 14
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16.
Meaning of “prohibition order”
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17.
Prohibition orders on application
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18.
Prohibition orders following conviction
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19.
Premises orders
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20.
Applications for prohibition orders and premises orders
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21.
Provision that may be made by prohibition orders and premises orders
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22.
Enforcement of access prohibitions
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23.
Offence of failing to comply with a prohibition order or premises order
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24.
Variation and discharge on application
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25.
Variation following conviction
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26.
Appeals against making of prohibition orders and premises orders
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27.
Appeals about variation and discharge
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28.
Nature of proceedings under sections 18 and 25, etc
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29.
Special measures for witnesses: England and Wales
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30.
Special measures for witnesses: Northern Ireland
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31.
Transfer of proceedings from youth court
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Powers of entry, search and seizure
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32.
Power to stop and search persons
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33.
Power to enter and search vehicles
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34.
Power to board and search vessels or aircraft
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35.
Power to enter and search premises
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36.
Further provision about search warrants
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37.
Powers of examination, etc
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38.
Power to require production of documents, etc
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39.
Powers of seizure, etc
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40.
Excluded items
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41.
Further provision about seizure under section 39
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42.
Notices and records in relation to seized items
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43.
Powers of entry, search and seizure: supplementary provision
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44.
Offences in relation to enforcement officers
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Retention and disposal of items
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45.
Retention of seized items
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46.
Power of police, etc to dispose of seized psychoactive substances
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47.
Forfeiture of seized items by court on application
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48.
Appeal against decision under section 47
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49.
Return of item to person entitled to it, or disposal if return impracticable
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50.
Forfeiture by court following conviction
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Supplementary and final provisions
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51.
Offences by directors, partners, etc
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52.
Providers of information society services
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53.
Interpretation
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54.
Consequential amendments
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55.
Power to make further consequential amendments
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56.
Extent
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57.
Commencement and short title
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Schedule 1
Exempted substances
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Schedule 2
Search warrants
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Part 1
Search warrants: applications and safeguards
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Part 2
Execution of search warrants
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Schedule 3
Providers of information society services
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Part 1
Offering to supply a psychoactive substance
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Part 2
Prohibition notices and prohibition orders
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Part 3
Interpretation
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Schedule 4
Consequential amendments