Psychoactive Substances Bill [HL]

Marshalled
List of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 8th July 2015, as follows—

Clauses 1 to 3
Schedule 1
Clauses 4 to 39
Schedule 2
Clauses 40 to 55 Title
Schedule 3
Clauses 56 and 57
Schedule 4
Clauses 58 to 60

[Amendments marked * are new or have been altered]

Clause 1

BARONESS MEACHER

LORD HOWARTH OF NEWPORT

LORD NORTON OF LOUTH

LORD REES OF LUDLOW

1

Page 1, line 3, after “about” insert “synthetic”

BARONESS MEACHER

LORD HOWARTH OF NEWPORT

LORD REES OF LUDLOW

LORD NORTON OF LOUTH

2

Page 1, line 4,
leave out “what is meant by a “psychoactive substance”” and insert

““psychoactive substance” as being any drug which is, or appears to the Advisory
Council on the Misuse of Drugs to be, misused and of which the misuse is having,
or appears to the Advisory Council on the Misuse of Drugs to be capable of having,
harmful effects sufficient to constitute a social problem”

Clause 2

BARONESS MEACHER

LORD HOWARTH OF NEWPORT

BARONESS HAMWEE

LORD REES OF LUDLOW

3

Page 1, line 14, after “any” insert “synthetic”

LORD PADDICK

BARONESS HAMWEE

4

Page 1, line 14, after “any” insert “novel”

5*

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”

BARONESS MEACHER

LORD HOWARTH OF NEWPORT

LORD NORTON OF LOUTH

LORD REES OF LUDLOW

6

Page 1, line 15,
leave out from “is” to “, and” in line 16 and insert “a drug which is,
or appears to the Advisory Council on the Misuse of Drugs to be, misused and of
which the misuse is having, or appears to the Advisory Council on the Misuse of
Drugs to be capable of having, harmful effects sufficient to constitute a social
problem”

BARONESS MEACHER

LORD HOWARTH OF NEWPORT

7

Page 2, line 1, leave out subsection (2)

After Clause 2

LORD PADDICK

BARONESS HAMWEE

8

Insert the following new 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).”

Clause 3

LORD PADDICK

BARONESS HAMWEE

9

Page 2, line 12, at end insert—

“( )     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.”

LORD ROSSER

LORD TUNNICLIFFE

LORD PADDICK

LORD BATES

10

Page 2, line 14, leave out “such” and insert “—

(a)   the Advisory Council on the Misuse of Drugs, and

(b)   such other”

Schedule 1

BARONESS MEACHER

LORD HOWARTH OF NEWPORT

11

Page 37, line 7, leave out paragraph 2 and insert—

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

12

Page 37, line 13, leave out paragraph 3 and insert—

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

Clause 5

LORD HOWARTH OF NEWPORT

BARONESS MEACHER

13

Page 2, line 36, at end insert “for the purpose of financial gain”

14

Page 3, line 5, at end insert “for the purpose of financial gain”

LORD LUCAS

15

Page 3, line 7, leave out “is reckless as to” and insert “should know”

LORD PADDICK

BARONESS HAMWEE

16

Page 3, line 9, at end insert—

“( )     It shall be a defence that the person did not supply the substance for gain
(whether direct or indirect).”

Clause 6

LORD ROSSER

LORD TUNNICLIFFE

LORD PADDICK

17

Page 3, line 20, leave out “or B” and insert “, B or C”

LORD KIRKWOOD OF KIRKHOPE

THE LORD BISHOP OF BRISTOL

18*

Page 3, line 20, leave out “or B” and insert “, B, C or D”

LORD ROSSER

LORD TUNNICLIFFE

LORD PADDICK

19

Page 3, line 42, at end insert—

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

LORD KIRKWOOD OF KIRKHOPE

THE LORD BISHOP OF BRISTOL

20*

Page 3, line 42, at end insert—

“(7A)    Condition C is that the offence was committed on or in the vicinity of any
premises intended to locate any vulnerable child.

(7B)    
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 accommodation under Part 7 of the Housing Act
1996.

(7C)    The Secretary of State may by order made by statutory instrument specify
the circumstances in which either or both of paragraph (a) and (b) of
subsection (7B) apply.

(7D)    Condition D is that the offender supplies a psychoactive substance to any
person under the age of 18.”

Clause 8

LORD PADDICK

BARONESS HAMWEE

LORD HOWARTH OF NEWPORT

21

Page 5, line 2, at end insert—

“( )     It shall be a defence that the person imported the substance for his own
consumption.”

Clause 10

LORD BATES

LORD PADDICK

BARONESS HAMWEE

22

Page 5, line 33, leave out “such” and insert “—

(a)   the Advisory Council on the Misuse of Drugs, and

(b)   such other”

LORD ROSSER

LORD TUNNICLIFFE

23

Page 5, line 37, at end insert—

“( )     Regulations under this section providing for 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 effect.”

LORD PADDICK

BARONESS HAMWEE

BARONESS MEACHER

24

Page 5, line 37, at end insert—

“( )     The Secretary of State shall within six months of the day on which this Act
is passed lay before Parliament regulations under this section with regard
to medical or scientific research.”

After Clause 10

LORD PADDICK

BARONESS HAMWEE

LORD HOWARTH OF NEWPORT

25

Insert the following new 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—

(a)   to delete from Schedule 1 to the Misuse of Drugs Regulations 2001
the substances listed in subsection (2), and

(b)   to add those substances to Schedule 2 to the 2001 Regulations.

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

(a)   cannabis, and

(b)   cannabis resin.”

Clause 11

LORD BATES

26

Page 6, line 10, leave out “an” and insert “a prohibited”

27

Page 6, line 12, after “in” insert “any of paragraphs (a) to (e) of”

Clause 15

LORD BATES

28

Page 7, line 37, at end insert—

“( )     A notice takes effect when it is given.”

29

Page 8, line 27, at end insert—

“( )     A notice sent to a person by electronic means is, unless the contrary is
proved, to be treated as having been given at 9 am on the working day
immediately following the day on which it was sent.”

30

Page 8, line 28, leave out “subsection (8)” and insert “this section—”

31

Page 8, line 30, at end insert—


““working day” means a day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a bank holiday under the Banking
and Financial Dealings Act 1971 in any part of the United
Kingdom.”

Clause 27

LORD BATES

32

Page 16, line 11,
at end insert “or the chief constable of the British Transport Police
Force”

33

Page 16, line 12,
leave out from “Scotland,” to end of line 13 and insert “the Lord
Advocate or a procurator fiscal;”

34

Page 16, line 16, leave out paragraph (d)

35

Page 16, line 18,
at beginning insert “in the case of an order made in England and
Wales or Northern Ireland,”

36

Page 16, line 19,
at beginning insert “in the case of an order made in England and
Wales or Northern Ireland,”

Clause 29

LORD BATES

37

Page 18, line 2, leave out from “18” to “may” in line 3

38

Page 18, line 5,
at end insert “(to the extent it would not otherwise be so
appealable).”

39

Page 18, leave out lines 6 and 7

Clause 30

LORD BATES

40

Page 18, line 18,
column 2, at beginning insert “High Court of Justiciary sitting as
the Court of Criminal Appeal, in a case where the relevant order was made under
section 18 and the person against whom it was made had been convicted in
proceedings on indictment”

41

Page 18, line 18, column 2, at end insert “, in any other case”

42

Page 18, line 30, leave out “subsection (2)” and insert “subsections (1) and (2)”

43

Page 19, line 6, leave out from “28” to “as” in line 7

44

Page 19, line 8,
at end insert “(to the extent it would not otherwise be so
appealable).”

45

Page 19, leave out lines 9 and 10

Clause 49

LORD BATES

46

Page 28, line 34, leave out “is a psychoactive substance but” and insert “—

(i)   is a psychoactive substance which, if it had not been seized,
was likely to be consumed by an individual for its
psychoactive effects, but

(ii)   ”

Clause 50

LORD BATES

47

Page 29, line 21,
after “substance” insert “which, if it had not been seized, was likely
to be consumed by an individual for its psychoactive effects”

48

Page 30, line 3, after “that” insert “—

(i)   if the item had not been seized, it was not likely to be
consumed by any individual for its psychoactive effects, or

(ii)   ”

Clause 51

LORD BATES

49

Page 31, line 2, leave out “30” and insert “28”

Before Clause 54

LORD BATES

50

Insert the following new Clause—

“Application of Customs and Excise Management Act 1979

(1)     Section 164 of the Customs and Excise Management Act 1979 (power to
search persons) applies in relation to a psychoactive substance as it applies
in relation to an article with respect to the importation or exportation of
which any prohibition or restriction is for the time being in force under or
by virtue of any enactment.

(2)     A psychoactive substance is liable to forfeiture under the Customs and
Excise Management Act 1979 if—

(a)   the psychoactive substance—

(i)   is imported or exported, or

(ii)   is entered for exportation or brought to any place in the
United Kingdom for exportation,

(b)   the psychoactive substance is likely to be consumed by any
individual for its psychoactive effects, and

(c)   the importation or (as the case may be) exportation of the
psychoactive substance is not an exempted activity.

(3)     For the purposes of subsection (2) the importation or exportation of a

psychoactive substance is an “exempted activity” if it would not be an
offence under this Act by virtue of regulations under section 10.

(4)     Section 5 of the Customs and Excise Management Act 1979 (time of
importation, exportation, etc) applies for the purposes of subsection (2) as
it applies for the purposes of that Act.”

LORD ROSSER

LORD TUNNICLIFFE

LORD PADDICK

BARONESS HAMWEE

51*

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 sections 4 and 5 of this Act coming into effect, and
annually thereafter.

(4)     The report shall include, but need 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.”

LORD ROSSER

LORD TUNNICLIFFE

52

Insert the following new Clause—

“Annual reporting

(1)     The Secretary of State must publish an annual report on new psychoactive
substances.

(2)     The report under subsection (1) 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 under subsection (1) shall include—

(a)   the number of prosecutions, and convictions for 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
of this Act;

(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.”

LORD HOWARTH OF NEWPORT

BARONESS MEACHER

53

Insert the following new Clause—

“Education

(1)     The Secretary of State shall require that all secondary schools report
annually on their drug education programmes.

(2)     Ofsted, and school inspection agencies in Scotland, Wales and Northern
Ireland, shall, when reporting on the performance of secondary schools,
include an assessment of the extent and quality of drug education provided
by the school.

(3)     The Secretary of State shall request that each further and higher education
institution publish annually a report on its programme to reduce harms
caused by the use of drugs by its students.”

LORD HOWARTH OF NEWPORT

54

Insert the following new Clause—

“Annual report

(1)     The Secretary of State must, each year, lay before Parliament a report

assessing the impact of this Act and the progress of the Government’s
overall strategy on drugs, including reducing demand, restricting supply
and building recovery.

(2)     
For the purposes of this report “drugs” shall cover new psychoactive
substances as defined in this Act, drugs controlled under the provisions of
the Misuse of Drugs Act 1971, prescription drugs which are subject to
abuse and harmful substances exempted under Schedule 1 to this Act.”

(3)     Each report shall cover in particular—

(a)   scale and patterns of drug usage in the United Kingdom, including
information by region, age group and socio-economic profile;

(b)   identification of new psychoactive substances obtainable in the UK,
their chemical composition, purity and toxicity;

(c)   sources of supply to consumers in the UK and any significant
changes thereto;

(d)   the developing situation in regard to drugs in prisons and among
individuals released from prison;

(e)   the relationship between the operation of the regime created by this
Act, the regime created by the Misuse of Drugs Act 1971 and the
regimes concerning harmful substances exempted under Schedule
1 to this Act;

(f)   advice sought by the Government from the Advisory Council on
the Misuse of Drugs (ACMD), advice offered by the ACMD, advice
accepted and advice rejected, together with reasons for the
Government’s rejection of any such advice;

(g)   how the Government, in the pursuit of its drugs strategy, works
with other agencies and partners, including United Nations
agencies, non-governmental organisations and the voluntary
sector, academia, industry and the retail sector;

(h)   enforcement, including interceptions of drugs, the use of

intelligence, activities of the National Crime Agency, Her Majesty’s
Revenue and Customs, the Financial Conduct Authority, the police,
and trading standards officers, prohibition and premises notices
and orders, stop and search arrests, and prosecutions and their
outcomes;

(i)   the extent, quality and use of drugs forensic testing facilities across
the UK;

(j)   the availability and quality of information, education and training

in relation to drugs and the Government’s objectives in relation to
these;

(k)   assessment of the impact of drugs on the health of the nation and of
the availability and effectiveness of drug treatment programmes;

(l)   engagement strategies with different groups of drug users;

(m)   drug-related money laundering;

(n)   links between drugs and terrorism;

(o)   international liaison regarding drugs policies and coordination by
the Government;

(p)   cost-benefit analysis of the Government’s drugs strategy;

(q)   further actions intended by the Government in relation to drugs
policies; and

(r)   any other matter which it appears appropriate to the Secretary of
State to cover in the report.”

After Clause 55

LORD BATES

55

Insert the following new Clause—

“Review

(1)     Before the end of the period mentioned in subsection (2), the Secretary of
State must—

(a)   review the operation of this Act,

(b)   prepare a report of the review, and

(c)   lay a copy of the report before Parliament.

(2)     The period referred to in subsection (1) is the period of 30 months
beginning with the day on which sections 4 to 8 come into force.”

Clause 56

BARONESS MEACHER

56*

Page 34, line 37,
at end insert “other than preparing it (for human consumption) by
the person who intends to consume it”

Schedule 4

LORD KIRKWOOD OF KIRKHOPE

THE LORD BISHOP OF BRISTOL

57*

Page 47, line 16, at end insert—

“Misuse of Drugs Act 1971

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

(2)     In section 4A (aggravation of offence of supply of controlled drugs), 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 vulnerable
child.

(4B)   
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 accommodation under Part 7 of the
Housing Act 1996.

(4C)   The Secretary of State may by order made by statutory
instrument specify the circumstances in which either or both
of paragraph (a) and (b) of subsection (7) apply.

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

Prepared 11th July 2015