|
| |
|
(6) | For the purposes of this paragraph a person takes part in a |
| |
relevant test if the person provides a permissible sample in |
| |
accordance with instructions given by an approved person (within |
| |
the meaning of paragraph 2). |
| |
(7) | In sub-paragraph (6) “permissible sample”, in relation to any |
| 5 |
| |
(a) | a sample of urine, or |
| |
(b) | such sample (other than an intimate sample) as may be |
| |
prescribed in relation to that drug. |
| |
(8) | In sub-paragraph (7)(b) “intimate sample” means— |
| 10 |
(a) | a sample of blood, semen or any other tissue fluid or pubic |
| |
| |
| |
(c) | a swab taken from any part of a person’s genitals |
| |
(including pubic hair) or from a person’s body orifice other |
| 15 |
| |
Paragraphs 1 to 3: supplementary |
| |
4 (1) | A person must comply with a requirement imposed by |
| |
regulations under any of paragraphs 1 to 3 even if doing so might |
| |
constitute evidence that the person has committed an offence. |
| 20 |
(2) | But in criminal proceedings in which a person is charged with an |
| |
| |
(a) | no evidence relating to any answer given, or anything else |
| |
done, in pursuance of the regulations may be adduced by |
| |
or on behalf of the prosecution, and |
| 25 |
(b) | no question relating to those matters may be asked by or |
| |
on behalf of the prosecution, |
| |
| unless evidence relating to those matters is adduced, or a question |
| |
relating to those matters is asked, in the proceedings by or on |
| |
| 30 |
(3) | Sub-paragraph (2) does not apply to— |
| |
(a) | an offence under section 112 of the Administration Act; |
| |
(b) | an offence under section 5 of the Perjury Act 1911 (false |
| |
statements made otherwise than on oath in England and |
| |
| 35 |
(c) | an offence under section 44(2) of the Criminal Law |
| |
(Consolidation) (Scotland) Act 1995 (corresponding |
| |
| |
5 (1) | Regulations may make provision for or in connection with |
| |
authorising the supply of information held by— |
| 40 |
| |
(b) | the probation service, or |
| |
(c) | such other person as may be prescribed, |
| |
| to the Secretary of State, or to a person providing services to the |
| |
Secretary of State, for the purpose of checking the accuracy of |
| 45 |
information supplied in pursuance of regulations under |
| |
| |
|
| |
|
| |
|
(2) | Regulations under this paragraph may, in particular, make |
| |
provision as to the circumstances in which, and the extent (if any) |
| |
to which, information supplied under the regulations may be |
| |
supplied by the recipient to others. |
| |
(3) | Regulations under this paragraph may, in particular, authorise |
| 5 |
information supplied to a person under the regulations— |
| |
(a) | to be used for the purpose of amending or supplementing |
| |
other information held by that person; and |
| |
(b) | if it is so used, to be supplied to any other person, and used |
| |
for any purpose, to whom and for which that other |
| 10 |
information could be supplied or used. |
| |
(4) | In this paragraph “the probation service” means— |
| |
(a) | in England and Wales, a local probation board established |
| |
under section 4 of the Criminal Justice and Court Services |
| |
Act 2000 or a provider of probation services; |
| 15 |
(b) | in Scotland, a local authority within the meaning of the |
| |
Social Work (Scotland) Act 1968. |
| |
Requirement to comply with a rehabilitation plan |
| |
6 (1) | Regulations may make provision for or in connection with |
| |
imposing on a person a requirement to comply with a |
| 20 |
| |
(2) | Regulations under this paragraph must include provision for the |
| |
requirement mentioned in sub-paragraph (1) to be imposed on a |
| |
person only if, as a result of an assessment carried out under |
| |
regulations under paragraph 2, the Secretary of State is satisfied |
| 25 |
| |
(a) | the person is dependent on, or has a propensity to misuse, |
| |
| |
(b) | the person’s dependency or propensity is such as requires |
| |
and may be susceptible to treatment, and |
| 30 |
(c) | the person’s dependency or propensity is a factor affecting |
| |
the person’s prospects of obtaining or remaining in work. |
| |
(3) | For the purposes of this paragraph a “rehabilitation plan” is a |
| |
| |
(a) | which is provided to the person by the Secretary of State, |
| 35 |
| |
(b) | which contains one or more of the following requirements. |
| |
(4) | The requirements are that during the specified period (which may |
| |
not exceed 52 weeks or, if the case is exceptional, 104 weeks) the |
| |
| 40 |
(a) | must submit to treatment by or under the direction of a |
| |
person having the necessary qualifications or experience, |
| |
(b) | must take part in specified interviews, and specified |
| |
assessments, at specified places and times, and |
| |
(c) | must take such other steps (if any) as may be specified, |
| 45 |
| with a view to the reduction or elimination of the person’s |
| |
dependency on, or propensity to misuse, the drug in question. |
| |
|
| |
|
| |
|
(5) | The required treatment for any particular period must be— |
| |
(a) | treatment as a resident in a specified institution or place, or |
| |
(b) | treatment as a non-resident at a specified institution or |
| |
place, and at specified intervals; |
| |
| but the nature of the treatment must not otherwise be specified. |
| 5 |
(6) | Regulations under this paragraph may, in particular, make |
| |
| |
(a) | for securing that a person who is required to comply with |
| |
a rehabilitation plan is not required to meet the jobseeking |
| |
| 10 |
(b) | for suspending any jobseeker’s agreement to which a |
| |
person is a party for any period during which the person is |
| |
required to comply with a rehabilitation plan; |
| |
(c) | for securing that a person is not required to submit to |
| |
treatment of a prescribed description without the person’s |
| 15 |
| |
(d) | as to the involvement of a person in determining the |
| |
particular requirements to be contained in a rehabilitation |
| |
plan with which the person is to be required to comply; |
| |
(e) | about the form of rehabilitation plans (including provision |
| 20 |
as to the signing of rehabilitation plans); |
| |
(f) | about the review of rehabilitation plans; |
| |
(g) | about the variation of rehabilitation plans; |
| |
(h) | about the revocation of rehabilitation plans before the end |
| |
| 25 |
(i) | for securing that a person who is required to comply with |
| |
a rehabilitation plan provides information, and such |
| |
evidence as may be prescribed, as to compliance with the |
| |
| |
(7) | A jobseeker’s allowance may also be known as a “treatment |
| 30 |
allowance” at any time when— |
| |
(a) | it is payable in respect of a person who is required to |
| |
comply with a rehabilitation plan (or would be so payable |
| |
if compliance with the plan is assumed), or |
| |
(b) | it is payable in respect of a joint-claim couple both |
| 35 |
members of which are required to comply with a |
| |
rehabilitation plan (or would be so payable if compliance |
| |
with the plans is assumed). |
| |
(8) | Regulations under this paragraph may not impose a requirement |
| |
on a person at any time unless the person would (apart from the |
| 40 |
regulations) be required to meet the jobseeking conditions at that |
| |
| |
(9) | In this paragraph “specified”, in relation to a rehabilitation plan, |
| |
means specified in or determined in accordance with the plan. |
| |
| 45 |
7 (1) | Regulations under paragraph 1, 2, 3 or 6 may, in particular, make |
| |
| |
|
| |
|
| |
|
(a) | for securing that the appropriate consequence follows if a |
| |
person has failed to comply with any requirement |
| |
imposed by any such regulations and it is not shown, |
| |
within a prescribed period, that the person had good cause |
| |
| 5 |
(b) | prescribing matters which are, or are not, to be taken into |
| |
account in determining whether a person has good cause |
| |
for any failure to comply with any such requirement; |
| |
(c) | prescribing circumstances in which a person is, or is not, to |
| |
be regarded as having good cause for any failure to comply |
| 10 |
with any such requirement. |
| |
(2) | In the case of a jobseeker’s allowance other than a joint-claim |
| |
jobseeker’s allowance, the appropriate consequence for the |
| |
purposes of sub-paragraph (1)(a) is that the allowance is not |
| |
payable for such period (of at least one week but not more than 26 |
| 15 |
weeks) as may be prescribed. |
| |
(3) | In the case of a joint-claim jobseeker’s allowance, the appropriate |
| |
consequence for the purposes of sub-paragraph (1)(a) is that the |
| |
person is to be treated as subject to sanctions for the purposes of |
| |
section 20A for such period (of at least one week but not more than |
| 20 |
26 weeks) as may be prescribed. |
| |
(4) | Regulations under paragraph 1, 2, 3 or 6 may make provision for |
| |
an income-based jobseeker’s allowance to be payable in |
| |
prescribed circumstances even though other provision made by |
| |
the regulations prevents payment of it. |
| 25 |
| This sub-paragraph does not apply in the case of a joint-claim |
| |
jobseeker’s allowance (corresponding provision for which is made |
| |
| |
(5) | The provision that may be made by the regulations by virtue of |
| |
sub-paragraph (4) includes, in particular, provision for the |
| 30 |
| |
(a) | payable only if prescribed requirements as to the provision |
| |
of information are complied with; |
| |
(b) | payable at a prescribed rate; |
| |
(c) | payable for a prescribed period (which may differ from |
| 35 |
any period mentioned in sub-paragraph (2)). |
| |
| |
| |
“drug” means such controlled drug (as defined by section 2 |
| |
of the Misuse of Drugs Act 1971) as may be prescribed; |
| 40 |
“the jobseeking conditions” means the conditions set out in |
| |
| |
Power to extend provisions to alcohol |
| |
9 (1) | If regulations so provide and subject as follows, the preceding |
| |
paragraphs of this Schedule are to apply in relation to alcohol as |
| 45 |
they apply in relation to drugs. |
| |
|
| |
|
| |
|
(2) | Regulations under this paragraph may provide for a different |
| |
definition of a “relevant test” to apply in relation to alcohol for the |
| |
purposes of paragraph 3.” |
| |
| |
3 (1) | The Jobseekers Act 1995 (c. 18) is amended as follows. |
| 5 |
(2) | In section 36(4A)(a) and (b) (regulations and orders), which is inserted by |
| |
section 1 of this Act, after “17A” insert “or Schedule A1”. |
| |
(3) | In section 37(1)(c) (regulations subject to the affirmative resolution |
| |
procedure), after “section 35(1)” insert “, any paragraph of Schedule A1”. |
| |
4 | In paragraph 3(da) of Schedule 3 to the Social Security Act 1998 (c. 14) |
| 10 |
(decisions against which an appeal lies), which is inserted by section 1 of this |
| |
Act, after “17A of” insert “, or Schedule A1 to,”. |
| |
Report on initial operation of drugs provisions |
| |
5 (1) | The Secretary of State must prepare a report on the operation of the first set |
| |
of regulations made under paragraphs 1, 2, 3 and 6 of Schedule A1 to the |
| 15 |
Jobseekers Act 1995 during the review period. |
| |
(2) | “The review period” is the period of 24 months beginning with the day on |
| |
which those regulations come into force. |
| |
(3) | The Secretary of State must— |
| |
(a) | prepare the report, and |
| 20 |
(b) | lay it before Parliament, |
| |
| within 6 months from the end of the review period. |
| |
(4) | The continued effect of the drugs provisions depends on whether the |
| |
Secretary of State makes an order under this sub-paragraph within the |
| |
relevant period providing for those provisions to continue to have effect. |
| 25 |
(5) | “The relevant period” means the period of 30 days beginning with the day |
| |
on which the report is laid before Parliament; and, in reckoning this period, |
| |
no account is to be taken of any time during which Parliament— |
| |
(a) | is dissolved or prorogued, or |
| |
(b) | is adjourned for more than 4 days. |
| 30 |
(6) | If no order is made as mentioned in sub-paragraph (4), the Secretary of State |
| |
must instead make an order under this sub-paragraph providing for the |
| |
repeal of the drugs provisions on a date specified in the order. |
| |
(7) | An order under sub-paragraph (6) may contain transitional provision or |
| |
| 35 |
(8) | Any power to make an order under this paragraph is exercisable by |
| |
| |
(9) | An order under sub-paragraph (4) may not be made unless a draft of the |
| |
statutory instrument containing the order has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| 40 |
|
| |
|
| |
|
(10) | A statutory instrument containing an order under sub-paragraph (6) is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
(11) | In this paragraph “the drugs provisions” means— |
| |
(a) | section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (c. 18), |
| 5 |
(b) | the words inserted into that Act, and the Social Security Act 1998 |
| |
(c. 14), by paragraphs 3 and 4 of this Schedule, and |
| |
(c) | paragraphs 1 to 4 of this Schedule. |
| |
(12) | This paragraph applies whether or not the regulations mentioned in sub- |
| |
paragraph (1) are, by virtue of section 29 of the Jobseekers Act 1995 (pilot |
| 10 |
schemes), made so as to have effect for a limited period. |
| |
| |
Employment and support allowance |
| |
Requirements imposed on persons dependent on drugs etc. |
| |
6 | After section 15 of the Welfare Reform Act 2007 (c. 5) insert— |
| 15 |
“Persons dependent on drugs etc. |
| |
15A | Persons dependent on drugs etc. |
| |
(1) | Schedule 1A makes provision for or in connection with imposing |
| |
requirements on persons in cases where— |
| |
(a) | they are dependent on, or have a propensity to misuse, any |
| 20 |
| |
(b) | any such dependency or propensity is a factor affecting their |
| |
prospects of obtaining or remaining in work. |
| |
(2) | That Schedule also contains a power for its provisions to apply in |
| |
| 25 |
7 | After Schedule 1 to the Welfare Reform Act 2007 insert— |
| |
| |
| |
Persons dependent on drugs etc. |
| |
Requirements imposed in relation to use of drugs |
| |
1 (1) | Regulations may make provision for or in connection with |
| 30 |
imposing on a person who is— |
| |
(a) | entitled to an employment and support allowance, and |
| |
(b) | not a member of the support group, |
| |
| a requirement to answer questions within sub-paragraph (2) as a |
| |
condition of continuing to be entitled to the full amount payable |
| 35 |
to the person in respect of the allowance apart from the |
| |
| |
(2) | A question is within this sub-paragraph if it is asked for the |
| |
| |
|
| |
|
| |
|
(a) | whether the person may be dependent on, or have a |
| |
propensity to misuse, any drug, and |
| |
(b) | (if so) whether any such dependency or propensity may be |
| |
a factor affecting the person’s prospects of obtaining or |
| |
| 5 |
(3) | Regulations under this paragraph may, in particular, make |
| |
| |
(a) | prescribing the questions which a person may be required |
| |
to answer under the regulations (which may include |
| |
questions relating to any use of the drug in question or any |
| 10 |
treatment connected with its use); |
| |
(b) | for notifying a person of any requirement to answer |
| |
questions under the regulations; |
| |
(c) | for the determination, and notification, of the time and |
| |
place at which a person is required to answer questions |
| 15 |
| |
(4) | Regulations under this paragraph must include provision for a |
| |
requirement imposed on a person by the regulations to cease to |
| |
have effect if the person becomes a member of the support group. |
| |
2 (1) | Regulations may make provision for or in connection with |
| 20 |
imposing on a person who is subject to a requirement imposed |
| |
under paragraph 1 a requirement to take part in a substance- |
| |
related assessment as a condition of continuing to be entitled to |
| |
the full amount payable to the person in respect of an employment |
| |
and support allowance apart from the regulations. |
| 25 |
(2) | For the purposes of this paragraph— |
| |
a “substance-related assessment” means an assessment by an |
| |
approved person carried out for the purpose of |
| |
| |
(a) | whether a person is dependent on, or has a propensity |
| 30 |
| |
(b) | (if so) whether the person’s dependency or |
| |
propensity is such as requires and may be susceptible |
| |
| |
an “approved person” means a person having the necessary |
| 35 |
qualifications or experience who is approved by the |
| |
Secretary of State for the purposes of this paragraph. |
| |
(3) | Regulations under this paragraph must include provision for the |
| |
requirement mentioned in sub-paragraph (1) to be imposed on a |
| |
person only if the Secretary of State has reasonable grounds for |
| 40 |
| |
(a) | the person may be dependent on, or have a propensity to |
| |
| |
(b) | any such dependency or propensity may be a factor |
| |
affecting the person’s prospects of obtaining or remaining |
| 45 |
| |
(4) | Regulations under this paragraph may, in particular, make |
| |
| |
|
| |
|