Psychoactive Substances Bill (HL Bill 53)

(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) 5explain the effect of sections 48 to 50 and 52 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) 10Any substance seized in exercise of the power conferred by sub-
paragraph (1) is to be treated for the purposes of sections 48 to 52
of the Psychoactive Substances Act 2015 as if it had been seized by
a police or customs officer under section 35 of that Act.

(5) A person who fails to comply with a requirement under sub-
15paragraph (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) 20In this paragraph “police or customs officer” and “psychoactive
substance” have the same meaning as in the Psychoactive
Substances Act 2015.””

Licensing Act 2003

4 (1) The Licensing Act 2003 is amended as follows.

(2) 25In section 97 (power to enter and search club premises), in subsection (1),
omit the “or” after paragraph (a) and after that paragraph insert—

“(aa) that an offence under section 5(1) or (2) of the Psychoactive
Substances Act 2015 (supplying, or offering to supply, a
psychoactive substance) has been, is being, or is about to be,
30committed there, or”.”

(3) In Schedule 4 (personal licences: relevant offences), after paragraph 23
insert—

“23A An offence under any of the following provisions of the
Psychoactive Substances Act 2015—

(a) 35section 4 (producing a psychoactive substance);

(b) section 5 (supplying, or offering to supply, a psychoactive
substance);

(c) section 7 (possession of psychoactive substance with intent
to supply);

(d) 40section 8 (importing or exporting a psychoactive
substance).””

Gambling Act 2005

5 In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), after
paragraph 11 insert—

“11A An offence under any of the following provisions of the
5Psychoactive Substances Act 2015—

(a) section 4 (producing a psychoactive substance);

(b) section 5 (supplying, or offering to supply, a psychoactive
substance);

(c) section 7 (possession of psychoactive substance with intent
10to supply);

(d) section 8 (importing or exporting a psychoactive
substance).””

Armed Forces Act 2006

6 (1) The Armed Forces Act 2006 is amended as follows.

(2) 15In section 75 (power of service policeman to stop and search persons,
vehicles etc)—

(a) in subsection (1), after “controlled drugs” insert “, psychoactive
substances”;

(b) in subsection (2), for paragraphs (c) and (d) substitute—

“(c) 20in the case of the search of a person, that—

(i) the person is in possession of a controlled
drug in circumstances in which he commits an
offence under section 42 as respects which the
corresponding offence under the law of
25England and Wales is an offence under the
Misuse of Drugs Act 1971, or

(ii) the person is in possession of a psychoactive
substance in circumstances in which he
commits an offence under section 42 as
30respects which the corresponding offence
under the law of England and Wales is an
offence under the Psychoactive Substances
Act 2015; or

(d) in the case of the search of a vehicle, that—

(i) 35the search will reveal a controlled drug that is
in a person’s possession in the circumstances
mentioned in paragraph (c)(i), or

(ii) the search will reveal a psychoactive
substance that is in a person’s possession in
40the circumstances mentioned in paragraph
(c)(ii).”;”

(c) in subsection (4), omit the “or” after paragraph (b) and after that
paragraph insert—

“(ba) evidence of an offence under section 42 as respects
45which the corresponding offence under the law of
England and Wales is an offence under the
Psychoactive Substances Act 2015; or”.”

(3) In section 76 (stop and search by persons other than service policemen), in
subsection (1)(a), after “controlled drugs” insert “, psychoactive substances”.

(4) In section 77 (definitions for purposes of sections 75 and 76), after subsection
(4) insert—

“(4A) 5“Psychoactive substance” has the meaning given by section 2(1) of
the Psychoactive Substances Act 2015.””

Serious Crime Act 2007

7 (1) Schedule 1 to the Serious Crime Act 2007 (serious offences) is amended as
follows.

(2) 10In Part 1 (serious offences in England and Wales), after paragraph 1 insert—

“1A An offence under any of the following provisions of the
Psychoactive Substances Act 2015—

(a) section 4 (producing a psychoactive substance);

(b) section 5 (supplying, or offering to supply, a psychoactive
15substance);

(c) section 7 (possession of psychoactive substance with intent
to supply);

(d) section 8 (importing or exporting a psychoactive
substance).””

(3) 20In Part 1A (serious offences in Scotland) (inserted by Schedule 1 to the
Serious Crime Act 2015), after paragraph 16A insert—

“16AA An offence under any of the following provisions of the
Psychoactive Substances Act 2015—

(a) section 4 (producing a psychoactive substance);

(b) 25section 5 (supplying, or offering to supply, a psychoactive
substance);

(c) section 7 (possession of psychoactive substance with intent
to supply);

(d) section 8 (importing or exporting a psychoactive
30substance).””

(4) In Part 2 (serious offences in Northern Ireland), after paragraph 17 insert—

“17A An offence under any of the following provisions of the
Psychoactive Substances Act 2015—

(a) section 4 (producing a psychoactive substance);

(b) 35section 5 (supplying, or offering to supply, a psychoactive
substance);

(c) section 7 (possession of psychoactive substance with intent
to supply);

(d) section 8 (importing or exporting a psychoactive
40substance).””

Policing and Crime Act 2009

8 In section 34 of the Policing and Crime Act 2009 (injunctions to prevent
gang-related violence and drug-dealing activity), for subsection (7)

substitute—

“(7) In this Part “drug-dealing activity” means—

(a) the unlawful production, supply, importation or exportation
of a controlled drug, or

(b) 5the unlawful production, supply, importation or exportation
of a psychoactive substance.

(8) In subsection (7)—

(a) in paragraph (a), “production”, “supply” and “controlled
drug” have the meaning given by section 37(1) of the Misuse
10of Drugs Act 1971;

(b) in paragraph (b), “production”, “supply” and “psychoactive
substance” have the meaning given by section 56 of the
Psychoactive Substances Act 2015.””