(9) This subsection applies in relation to an item if—

(a) the item is a psychoactive substance, and

(b) the court is satisfied that, at the time of its seizure, the substance was
being used for the purposes of, or in connection with, an exempted
5activity carried on by a person entitled to the item.

(10) Where an order for the return of an item is made under subsection (7), the item
may nevertheless be retained—

(a) until the end of the period within which an appeal under section 51
may be made against the order, or

(b) 10if such an appeal is made, until the time when it is determined or
otherwise dealt with.

But if it is decided before the end of the period mentioned in paragraph (a) that
there is to be no appeal, the item must be returned as soon as possible after that
decision is made.

(11) 15In this section “the appropriate court” means—

(a) in relation to England and Wales—

(i) where the person in respect of whom the application is made is
an individual who is under the age of 18, a youth court, and

(ii) in any other case, a magistrates’ court;

(b) 20in relation to Scotland, the sheriff;

(c) in relation to Northern Ireland—

(i) where the person in respect of whom the application is made is
an individual who is under the age of 18, a youth court, and

(ii) in any other case, a court of summary jurisdiction.

(12) 25For 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) 30the person from whom it was seized;

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

51 Appeal against decision under section 50

(1) Where an order has been made under section 50, each of the following persons
may appeal against the order—

(a) 35any party to the proceedings in which the order was made;

(b) any other person entitled to the item to which the order relates.

(2) Where—

(a) a relevant enforcement officer brings an appeal under this section, and

(b) no person entitled to the item in question was a party to the original
40proceedings,

the officer must make reasonable efforts to give notice of the appeal to every
person who the officer thinks is or may be entitled to the item.

(3) An appeal under this section is to—

(a) the Crown Court, in England and Wales;

(b) 45the Sheriff Appeal Court, in Scotland;

(c) a county court, in Northern Ireland.

(4) An appeal under this section against an order must be made before the end of
the period of 30 days starting with the date of the order.

(5) Subject to subsections (6) and (7), the court hearing the appeal may make any
order the court thinks appropriate.

(6) 5If an appeal against an order for the return of an item is allowed—

(a) the court must order the item to be forfeited, and

(b) subsections (5) and (6) of section 50 apply with the necessary
adaptations.

(7) If an appeal against an order forfeiting an item is allowed—

(a) 10the court must order the item to be returned to a person entitled to it,
and

(b) subsection (10) of section 50 applies with the necessary adaptations.

(8) The persons “entitled” to an item for the purposes of this section are—

(a) the person from whom it was seized;

(b) 15(if different) any person to whom it belongs.

52 Return of item to person entitled to it, or disposal if return impracticable

(1) Where the retention of an item has been, but is no longer, authorised under this
Act—

(a) the item must be returned to a person entitled to it (but see subsection
20(4));

(b) the appropriate court must, if asked to do so by a person entitled to the
item, order it to be returned to that person.

(2) A person who claims to be entitled to an item retained under this Act may
apply to the appropriate court for an order under subsection (1)(b) or section
2550(7) (as appropriate).

(3) Where—

(a) a court makes an order under this Act requiring an item to be returned
to a particular person, and

(b) reasonable efforts have been made, without success, to find that person,
30or it is for some other reason impracticable to return the item to that
person,

the order has effect as if it required the item to be returned to any person
entitled to it.

(4) Where—

(a) 35an item is required by a provision of this Act, or an order made under
this Act, to be returned to a person entitled to it, and

(b) reasonable efforts have been made, without success, to find a person
entitled to the item, or it is for some other reason impracticable to return
the item to a person entitled to it,

40a relevant enforcement officer may dispose of the item in whatever way the
officer thinks is suitable.

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

(a) in relation to England and Wales—

(i) where the person making the application is an individual who
45is under the age of 18, a youth court, and

(ii) in any other case, a magistrates’ court;

(b) in relation to Scotland, the sheriff;

(c) in relation to Northern Ireland—

(i) where the person making the application is an individual who
5is under the age of 18, a youth court, and

(ii) in any other case, a court of summary jurisdiction.

(6) The persons “entitled” to an item for the purposes of this section are—

(a) the person from whom it was seized;

(b) (if different) any person to whom it belongs.

53 10Forfeiture by court following conviction

(1) This section applies where a person is convicted of—

(a) an offence under any of sections 4 to 8 and 25, or

(b) an ancillary offence (see subsection (11)).

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

(a) 15the 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.

(3) The court must make an order for the forfeiture of any psychoactive substance
in respect of which the offence was committed.

(4) 20The court may also make an order for the forfeiture of any other item that was
used in the commission of the offence.

(5) An order under subsection (3) or (4) is referred to in this section as a “forfeiture
order”.

(6) Before making a forfeiture order under subsection (4) in relation to any item,
25the court must give an opportunity to make representations to any person (in
addition to the convicted person) who claims to be the owner of the item or
otherwise to have an interest in it.

(7) A forfeiture order may not be made so as to come into force at any time before
there is no further possibility (ignoring any power to appeal out of time) of the
30order being varied or set aside on appeal.

(8) Where the court makes a forfeiture order, it may also make such other
provision as it considers to be necessary for giving effect to the forfeiture.

(9) That provision may, in particular, include provision relating to the retention,
handling, destruction or other disposal of the item.

(10) 35Provision made by virtue of this section may be varied at any time by the court
that made it.

(11) In this section “ancillary offence” means—

(a) an offence of attempting or conspiring to commit an offence under any
of sections 4 to 8 and 25;

(b) 40an offence under Part 2 of the Serious Crime Act 2007 in relation to an
offence under any of sections 4 to 8 and 25;

(c) an offence of inciting a person to commit an offence under any of
sections 4 to 8 and 25;

(d) an offence of aiding, abetting, counselling or procuring the commission
of an offence under any of sections 4 to 8 and 25.

Supplementary and final provisions

54 Offences by directors, partners, etc

(1) 5Where an offence under this Act has been committed by a body corporate and
it is proved that the offence—

(a) has been committed with the consent or connivance of a person falling
within subsection (2), or

(b) is attributable to any neglect on the part of such a person,

10that person (as well as the body corporate) is guilty of that offence and liable to
be proceeded against and punished accordingly.

(2) The persons are—

(a) a director, manager, secretary or similar officer of the body corporate;

(b) any person who was purporting to act in such a capacity.

(3) 15Where the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member, in connection with
that management, as if the member were a director of the body corporate.

(4) Where an offence under this Act has been committed by a Scottish firm and it
is proved that the offence—

(a) 20has been committed with the consent or connivance of a partner in the
firm or a person purporting to act as such a partner, or

(b) is attributable to any neglect on the part of such a person,

that person (as well as the firm) is guilty of that offence and liable to be
proceeded against and punished accordingly.

55 25Providers of information society services

Schedule 3 contains provision about the application of certain provisions of
this Act in relation to persons providing information society services within
the meaning of that Schedule.

56 Interpretation

(1) 30In this Act—

• “designated NCA officer” means a National Crime Agency officer
  designated under section 10 of the Crime and Courts Act 2013 as a
  person having either or both of the following—

  (a)

  the powers and privileges of a constable;

  (b)

  35the powers of an officer of Revenue and Customs;

• “exempted substance” has the meaning given by section 3;

• “general customs function” has the meaning given by section 1(8) of the
  Borders, Citizenship and Immigration Act 2009;

• “general customs official” means a person designated as a general
  40customs official under section 3(1) of the Borders, Citizenship and
  Immigration Act 2009;

• “item” includes any substance;

Psychoactive Substances BillPage 34

• “justice” means—

  (a)

  in England and Wales, a justice of the peace,

  (b)

  in Scotland, a sheriff or a justice of the peace, and

  (c)

  in Northern Ireland, a lay magistrate;

• 5“local authority” means—

  (a)

  in England, a county council, a district council, a London
  borough council, the Common Council of the City of London or
  the Council of the Isles of Scilly,

  (b)

  in Wales, a county council or county borough council,

  (c)

  10in Scotland, a council constituted under section 2 of the Local
  Government etc (Scotland) Act 1994, and

  (d)

  in Northern Ireland, a district council constituted under section
  1 of the Local Government Act (Northern Ireland) 1972;

• “police or customs officer” has the meaning given by section 35(4);

• 15“premises” includes any place and, in particular, includes—

  (a)

  any vehicle, vessel or aircraft;

  (b)

  any offshore installation within the meaning given by section 1
  of the Mineral Workings (Offshore Installations) Act 1971;

  (c)

  any renewable energy installation within the meaning given by
  20section 104 of the Energy Act 2004;

  (d)

  any tent or movable structure;

• “premises notice” is to be read in accordance with section 13;

• “premises order” is to be read in accordance with section 19;

• “prohibited activity” has the meaning given by section 11;

• 25“prohibition notice” is to be read in accordance with section 12;

• “prohibition order” is to be read in accordance with section 16;

• “psychoactive effects”, in relation to a substance, is to be read in
  accordance with section 2(2);

• “psychoactive substance” has the meaning given by section 2(1);

• 30“relevant enforcement officer” has the meaning given by section 38(6);

• “relevant evidence” has the meaning given by section 35(4);

• “search warrant” means a warrant under section 38;

• “senior officer” has the meaning given by section 12(7);

• “vessel” is to be read in accordance with subsection (4).

(2) 35In this Act—

(a) any reference to producing a substance is a reference to producing it by
manufacture, cultivation or any other method;

(b) any reference to supplying a substance includes a reference to
distributing it;

(c) 40any reference to consuming a substance is to be read in accordance with
section 2(3).

(3) For the purposes of this Act the items which are in a person’s possession
include any items which are—

(a) subject to that person’s control, but

(b) 45in the custody of another person.

(4) In this Act any reference to a vessel includes a reference to—

(a) any ship or boat or any other description of vessel used in navigation,
and

(b) any hovercraft, submersible craft or other floating craft,

but does not include a reference to anything that permanently rests on, or is
permanently attached to, the sea bed.

(5) Before the commencement of section 109 of the Courts Reform (Scotland) Act
52014 (abolition of appeal from a sheriff to the sheriff principal), any reference
in this Act to the Sheriff Appeal Court is to be read as a reference to the sheriff
principal.

57 Consequential amendments

Schedule 4 (which contains consequential amendments) has effect.

58 10Power to make further consequential amendments

(1) The Secretary of State may by regulations make provision that is consequential
on any provision of this Act.

(2) The power to make regulations under this section—

(a) is exercisable by statutory instrument;

(b) 15includes power to make transitional, transitory or saving provision;

(c) may, in particular, be exercised by amending, repealing, revoking or
otherwise modifying any provision made by or under primary
legislation passed before this Act or in the same Session.

(3) A statutory instrument that contains (with or without other provision)
20regulations under this section that amend, repeal or revoke any provision of
primary legislation may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.

(4) Any other statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
25Parliament.

(5) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(c) a Measure or Act of the National Assembly for Wales;

(d) 30Northern Ireland legislation.

59 Extent

(1) Except as provided by subsection (2), this Act extends to England and Wales,
Scotland and Northern Ireland.

(2) Any amendment or repeal made by this Act has the same extent as the
35provision amended or repealed.

60 Commencement and short title

(1) The following provisions of this Act come into force on the day on which this
Act is passed—

(a) sections 56, 58 and 59 and this section;

(b) 40any power to make regulations under this Act.

(2) The remaining provisions of this Act come into force in accordance with
provision contained in regulations made by the Secretary of State.

(3) Regulations under subsection (2) may—

(a) make different provision for different purposes;

(b) 5make such transitory or transitional provision, or savings, as the
Secretary of State considers necessary or expedient.

(4) This Act may be cited as the Psychoactive Substances Act 2015.

SCHEDULES

Section 3

SCHEDULE 1 Exempted substances

Controlled drugs

1 5Controlled drugs (within the meaning of the Misuse of Drugs Act 1971).

Medicinal products

2 Medicinal products for which either of the following is in force—

(a) a marketing authorisation;

(b) an Article 126a authorisation.

10Terms used in this paragraph and in the Human Medicines Regulations 2012
(S.I. 2012/1916S.I. 2012/1916) have the same meaning in this paragraph as they have in
those Regulations.

3 Investigational medicinal products.

“Investigational medicinal product” has the same meaning as in the
15Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031S.I. 2004/1031)
(see regulation 2 of those Regulations).

4 Homoeopathic medicinal products.

“Homoeopathic medicinal product” has the same meaning as in the Human
Medicines Regulations 2012 (see regulation 8 of those Regulations).

5 20Traditional herbal medicinal products.

“Traditional herbal medicinal product” has the same meaning as in the
Human Medicines Regulations 2012 (see regulation 8 of those Regulations).

Alcohol

6 Alcohol or alcoholic products.

25In this paragraph—

• “alcohol” means ethyl alcohol, and

• “alcoholic product” means any product which—

  (a)

  contains alcohol, and

  (b)

  does not contain any psychoactive substance.

30Nicotine and tobacco products

7 Nicotine.

8 Tobacco products.

In this paragraph “tobacco product” means—

(a) anything which is a tobacco product within the meaning of the
Tobacco Products Duty Act 1979 (see section 1 of that Act), and

(b) 5any other product which—

(i) contains nicotine, and

(ii) does not contain any psychoactive substance.

Caffeine

9 Caffeine or caffeine products.

10In this paragraph “caffeine product” means any product which—

(a) contains caffeine, and

(b) does not contain any psychoactive substance.

Food

10 Any substance which—

(a) 15is ordinarily consumed as food, and

(b) does not contain a prohibited ingredient.

In this paragraph—

• “food” includes drink;

• “prohibited ingredient”, in relation to a substance, means any
  20psychoactive substance—

  (a)

  which is not naturally occurring in the substance, and

  (b)

  the use of which in or on food is not authorised by an EU
  instrument.

Section 39

SCHEDULE 2 25Search warrants

Part 1 Search warrants: applications and safeguards

Applications for warrants

1 (1) An application for a search warrant may be made without notice being given
30to persons who might be affected by the warrant.

(2) The application must be supported—

(a) in England and Wales, by an information in writing;

(b) in Scotland, by evidence on oath;

(c) in Northern Ireland, by a complaint on oath.

(3) 35A person applying for a search warrant must answer on oath any question
that the justice hearing the application asks the person.

(4) 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.

2 (1) A person applying for a search warrant must—

(a) 5state that the application is made under section 38 of this Act;

(b) specify the matters set out in sub-paragraph (2) or (3) (as the case
may be);

(c) state what are the grounds for suspecting that relevant evidence is on
the premises;

(d) 10identify, so far as is possible, the offence to which the relevant
evidence relates.

(2) If the person is applying for a specific-premises warrant, the person must
specify each set of premises that it is desired to enter and search.

(3) If the person is applying for an all-premises warrant, the person must
15specify—

(a) as many of the sets of premises that it is desired to enter and search
as it is reasonably practicable to specify;

(b) the person who is in occupation or control of those premises and any
others that it is desired to enter and search;

(c) 20why it is necessary to search more premises than those specified
under paragraph (a);

(d) why it is not reasonably practicable to specify all the premises that it
is desired to enter and search.

(4) If the person is applying for a search warrant authorising entry and search
25on more than one occasion, the person must also state—

(a) the ground on which the person applies for such a warrant, and

(b) whether the person seeks a warrant authorising an unlimited
number of entries, or (if not) the maximum number of entries
desired.

(5) 30In this paragraph “specific-premises warrant” and “all-premises warrant”
have the meaning given by section 38(3).

Safeguards in connection with power of entry conferred by warrant

3 A search warrant authorises entry on one occasion only, unless it specifies
that it authorises multiple entries.

4 (1) 35A search warrant must—

(a) specify the name of the person who applies for it;

(b) specify the date on which it is issued;

(c) state that the warrant is issued under section 38 of this Act;

(d) specify each set of premises to be searched, or (in the case of an all-
40premises warrant) the person who is in occupation or control of
premises to be searched, together with any premises to be searched
that are under the person’s occupation or control and can be
specified;