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190 | In Schedule 19 (public authorities), in Part 1, omit the words from “A police |
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authority” to “section 5B of that Act.”. |
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Temporary class drug orders |
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Amendments to the Misuse of Drugs Act 1971 |
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1 | The Misuse of Drugs Act 1971 is amended as set out in paragraphs 2 to 19. |
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2 | In section 2 (controlled drugs and their classification for purposes of Act), in |
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(a) | in paragraph (a), for the words after “specified” substitute “— |
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(i) | in Part I, II or III of Schedule 2, or |
| 10 |
(ii) | in a temporary class drug order as a drug subject to |
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temporary control (but this is subject to section 2A(5));”, and |
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(b) | at the end of paragraph (b) insert “, and |
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(c) | the expression “temporary class drug” means any |
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substance or product which is for the time being a |
| 15 |
controlled drug by virtue of a temporary class drug |
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3 | After section 2 insert— |
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“2A | Temporary class drug orders |
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(1) | The Secretary of State may make an order (referred to in this Act as a |
| 20 |
“temporary class drug order”) specifying any substance or product |
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as a drug subject to temporary control if the following two conditions |
| |
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(2) | The first condition is that the substance or product is not a Class A |
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drug, a Class B drug or a Class C drug. |
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(3) | The second condition is that it appears to the Secretary of State that— |
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(a) | the substance or product is a drug that is being, or is likely to |
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(b) | that misuse is having, or is capable of having, harmful effects. |
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(4) | A substance or product may be specified in a temporary class drug |
| 30 |
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(a) | the name of the substance or product, or |
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(b) | a description of the substance or product (which may take |
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such form as the Secretary of State thinks appropriate for the |
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purposes of the specification). |
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(5) | A substance or product specified in a temporary class drug order as |
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a drug subject to temporary control ceases to be a controlled drug by |
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(a) | at the end of one year beginning with the day on which the |
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order comes into force, or |
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|
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|
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(b) | if earlier, upon the coming into force of an Order in Council |
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under section 2(2) by virtue of which the substance or |
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product is specified in Part 1, 2 or 3 of Schedule 2. |
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(6) | Subsection (5) is without prejudice to the power of the Secretary of |
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State to vary or revoke a temporary class drug order by a further |
| 5 |
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(7) | A temporary class drug order is to be made by statutory instrument. |
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(8) | A statutory instrument containing a temporary class drug order is |
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subject to annulment in pursuance of a resolution of either House of |
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4 | In section 3 (restriction of importation and exportation of controlled drugs), |
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in subsection (2)(a) after “this Act” insert “or by provision made in a |
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temporary class drug order by virtue of section 7A”. |
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5 | In section 4(1) (restriction of production and supply of controlled drugs), |
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after “this Act” insert “, or any provision made in a temporary class drug |
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order by virtue of section 7A,”. |
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6 | In section 5 (restriction of possession of controlled drugs), after subsection |
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“(2A) | Subsections (1) and (2) do not apply in relation to a temporary class |
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7 | In section 7 (authorisation of activities otherwise unlawful under foregoing |
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provisions of Act), after subsection (9) insert— |
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“(10) | In this section a reference to “controlled drugs” does not include a |
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reference to temporary class drugs (see instead section 7A).”. |
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8 | After section 7 insert— |
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“7A | Temporary class drug orders: power to make further provision |
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(1) | This section applies if a temporary class drug order specifies a |
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substance or product as a drug subject to temporary control. |
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(a) | include provision for the exception of the drug from the |
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application of section 3(1)(a) or (b) or 4(1)(a) or (b), |
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(b) | make such other provision as the Secretary of State thinks fit |
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for the purpose of making it lawful for persons to do things |
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in respect of the drug which under section 4(1) it would |
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otherwise be unlawful for them to do, |
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(c) | provide for circumstances in which a person’s possession of |
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the drug is to be treated as excepted possession for the |
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purposes of this Act, and |
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(d) | include any provision in relation to the drug of a kind that |
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could be made in regulations under section 10 or 22 if the |
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drug were a Class A drug, a Class B drug or a Class C drug |
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(but ignoring section 31(3)). |
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(3) | Provision under subsection (2) may take the form of applying (with |
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or without modifications) any provision made in regulations under |
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|
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|
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(4) | Provision under subsection (2)(b) may (in particular) provide for the |
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doing of something to be lawful if it is done— |
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(a) | in circumstances mentioned in section 7(2)(a), or |
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(b) | in compliance with such conditions as may be prescribed by |
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virtue of section 7(2)(b). |
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(5) | Section 7(8) applies for the purposes of this section. |
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(6) | Section 31(1) (general provision as to regulations) applies in relation |
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to a temporary class drug order that contains provision made by |
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virtue of this section as it applies to regulations under this Act.”. |
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9 | In section 9A (prohibition of supply etc of articles for administering or |
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preparing controlled drugs), in subsection (4)— |
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(a) | at the end of paragraph (a) omit “or”, |
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(b) | in paragraph (b) after “of a controlled drug” insert “, other than a |
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temporary class drug,”, and |
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(c) | at the end of that paragraph insert “, or |
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(c) | the administration by any person of a temporary class |
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drug to himself in circumstances where having the |
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drug in his possession is to be treated as excepted |
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possession for the purposes of this Act (see section |
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10 | In section 10 (power to make regulations for preventing misuse of controlled |
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drugs), after subsection (2) insert— |
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“(3) | In this section a reference to “controlled drugs” does not include a |
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reference to temporary class drugs (see instead section 7A).”. |
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11 | In section 11 (power to direct special precautions for safe custody of |
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controlled drugs to be taken at certain premises), in subsection (1) after “of |
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this Act” insert “or by provision made in a temporary class drug order by |
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virtue of section 7A that is of a corresponding description to such |
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12 (1) | Section 13 (directions prohibiting prescribing, supply etc of controlled drugs |
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by practitioners in other cases) is amended as follows. |
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(a) | after “section 10(2) of this Act” insert “or of corresponding provision |
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made in a temporary class drug order”, and |
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(b) | after “said paragraph (i)” insert “or of any such corresponding |
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(3) | After subsection (1) insert— |
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“(1A) | For the purposes of subsection (1), provision made in a temporary |
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class drug order is “corresponding provision” if it— |
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(a) | is made by virtue of section 7A(2)(d), and |
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(b) | is of a corresponding description to regulations made in |
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pursuance of section 10(2)(h) or (as the case may be) 10(2)(i).”. |
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13 | In section 18 (miscellaneous offences), after subsection (4) insert— |
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“(5) | In this section (and in references in Schedule 4 that refer to this |
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section), any reference to regulations made under this Act is to be |
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|
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|
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|
taken as including a reference to provision made in a temporary class |
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drug order by virtue of section 7A. |
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(6) | For this purpose, the reference in subsections (1) and (2) to |
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regulations made in pursuance of section 10(2)(h) or (in the case of |
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subsection (1)) section 10(2)(i) is a reference to any provision of a |
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temporary class drug order which— |
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(a) | is made by virtue of section 7A(2)(d), and |
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(b) | is of a corresponding description to regulations made in |
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pursuance of section 10(2)(h) or (in the case of subsection (1)) |
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14 | In section 22 (further power to make regulations)— |
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(a) | renumber the existing provision as subsection (1), and |
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(b) | after that subsection insert— |
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“(2) | The power to make regulations under this section does not |
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apply in relation to temporary class drugs (see instead |
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15 (1) | Section 23 (powers to search and obtain evidence) is amended as follows. |
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(2) | In subsection (2) after “any regulations” insert “or orders”. |
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(3) | In subsection (3)(a) after “any regulations” insert “or orders”. |
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16 | After section 23 insert— |
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“23A | Temporary class drugs: further power to search, seize and detain |
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(1) | Subsection (3) applies in any case where— |
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(a) | a constable has reasonable grounds to suspect that a person |
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(“P”) is in possession of a temporary class drug, and |
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(b) | it does not appear to the constable that a power under section |
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23(2) applies to the case. |
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(2) | But if any provision has been made by virtue of section 7A(2)(c) |
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(excepted possession) that applies to the temporary class drug in |
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question, subsection (3) applies only if the constable has no reason to |
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believe that P’s possession of the drug is to be treated as excepted |
| 30 |
possession for the purposes of this Act. |
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(a) | search P, and detain P for the purposes of searching P; |
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(b) | search any vehicle or vessel in which the constable suspects |
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that the drug may be found, and for that purpose require the |
| 35 |
person in control of the vehicle or vessel to stop it; |
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(c) | seize and detain anything found in the course of the search |
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which appears to the constable to be a temporary class drug |
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or to be evidence of an offence under this Act. |
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| In this subsection, “vessel” has the same meaning as in section 23(2). |
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(4) | Subsection (5) applies if a constable reasonably believes that |
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anything detained under subsection (3)(c) is a temporary class drug |
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but is not evidence of any offence under this Act. |
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(5) | The constable may dispose of the drug in such manner as the |
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constable thinks appropriate. |
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|
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|
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(6) | A person who intentionally obstructs a constable in the exercise of |
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the constable’s powers under subsection (3) commits an offence.”. |
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17 (1) | Section 25 (prosecution and punishment of offences) is amended as follows. |
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(2) | After subsection (2) insert— |
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“(2A) | Subsection (2B) applies if an offence specified in the first column of |
| 5 |
Schedule 4 is committed in relation to a temporary class drug. |
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(2B) | The punishments which may be imposed on a person convicted of |
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the offence summarily or (as the case may be) on indictment in |
| |
relation to the temporary class drug are the same as those which |
| |
could be imposed had the person been convicted of the offence in |
| 10 |
that way in relation to a Class B drug (see the fifth column of |
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(3) | After subsection (3) insert— |
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“(3A) | The punishments which may be imposed on a person convicted of an |
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offence under section 23A(6) are the same as those which, under |
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Schedule 4, may be imposed on a person convicted of an offence |
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18 | In section 30 (licenses and authorities) after “of regulations” insert “or |
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19 | In section 38(1) (special provisions as to Northern Ireland) for “2, 7,” |
| 20 |
substitute “2, 2A, 7, 7A,”. |
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Amendments to other legislation |
| |
20 | In Schedule 1 to the Customs and Excise Management Act 1979 (controlled |
| |
drugs: variation of punishments for certain offences)— |
| |
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(i) | in the opening words for “or a Class B drug” substitute “, |
| |
Class B drug or a temporary class drug”, and |
| |
(ii) | in paragraph (b)(ii) of the substituted words after “Class B |
| |
drug” insert “or a temporary class drug”, and |
| |
(b) | in paragraph 3, for “and “Class C drug”” substitute “, “Class C drug” |
| 30 |
and “temporary class drug””. |
| |
21 | In section 19 of the Criminal Justice (International Co-operation) Act 1990 |
| |
(ships used for illicit traffic), in subsection (4)(b) after “Class B drug” insert |
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“or a temporary class drug”. |
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|
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|