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Police Reform and Social Responsibility Bill


Police Reform and Social Responsibility Bill
Schedule 16 — Temporary class drug orders

175

 

190        

In Schedule 19 (public authorities), in Part 1, omit the words from “A police

authority” to “section 5B of that Act.”.

Schedule 16

Section 149

 

Temporary class drug orders

Amendments to the Misuse of Drugs Act 1971

5

1          

The Misuse of Drugs Act 1971 is amended as set out in paragraphs 2 to 19.

2          

In section 2 (controlled drugs and their classification for purposes of Act), in

subsection (1)—

(a)   

in paragraph (a), for the words after “specified” substitute “—

(i)   

in Part I, II or III of Schedule 2, or

10

(ii)   

in a temporary class drug order as a drug subject to

temporary control (but this is subject to section 2A(5));”, and

(b)   

at the end of paragraph (b) insert “, and

(c)   

the expression “temporary class drug” means any

substance or product which is for the time being a

15

controlled drug by virtue of a temporary class drug

order;”.

3          

After section 2 insert—

“2A     

Temporary class drug orders

(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

as a drug subject to temporary control if the following two conditions

are met.

(2)   

The first condition is that the substance or product is not a Class A

drug, a Class B drug or a Class C drug.

25

(3)   

The second condition is that it appears to the Secretary of State that—

(a)   

the substance or product is a drug that is being, or is likely to

be, misused, and

(b)   

that misuse is having, or is capable of having, harmful effects.

(4)   

A substance or product may be specified in a temporary class drug

30

order by reference to—

(a)   

the name of the substance or product, or

(b)   

a description of the substance or product (which may take

such form as the Secretary of State thinks appropriate for the

purposes of the specification).

35

(5)   

A substance or product specified in a temporary class drug order as

a drug subject to temporary control ceases to be a controlled drug by

virtue of the order—

(a)   

at the end of one year beginning with the day on which the

order comes into force, or

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Police Reform and Social Responsibility Bill
Schedule 16 — Temporary class drug orders

176

 

(b)   

if earlier, upon the coming into force of an Order in Council

under section 2(2) by virtue of which the substance or

product is specified in Part 1, 2 or 3 of Schedule 2.

(6)   

Subsection (5) is without prejudice to the power of the Secretary of

State to vary or revoke a temporary class drug order by a further

5

such order.

(7)   

A temporary class drug order is to be made by statutory instrument.

(8)   

A statutory instrument containing a temporary class drug order is

subject to annulment in pursuance of a resolution of either House of

Parliament.”.

10

4          

In section 3 (restriction of importation and exportation of controlled drugs),

in subsection (2)(a) after “this Act” insert “or by provision made in a

temporary class drug order by virtue of section 7A”.

5          

In section 4(1) (restriction of production and supply of controlled drugs),

after “this Act” insert “, or any provision made in a temporary class drug

15

order by virtue of section 7A,”.

6          

In section 5 (restriction of possession of controlled drugs), after subsection

(2) insert—

“(2A)   

Subsections (1) and (2) do not apply in relation to a temporary class

drug.”.

20

7          

In section 7 (authorisation of activities otherwise unlawful under foregoing

provisions of Act), after subsection (9) insert—

“(10)   

In this section a reference to “controlled drugs” does not include a

reference to temporary class drugs (see instead section 7A).”.

8          

After section 7 insert—

25

“7A     

Temporary class drug orders: power to make further provision

(1)   

This section applies if a temporary class drug order specifies a

substance or product as a drug subject to temporary control.

(2)   

The order may—

(a)   

include provision for the exception of the drug from the

30

application of section 3(1)(a) or (b) or 4(1)(a) or (b),

(b)   

make such other provision as the Secretary of State thinks fit

for the purpose of making it lawful for persons to do things

in respect of the drug which under section 4(1) it would

otherwise be unlawful for them to do,

35

(c)   

provide for circumstances in which a person’s possession of

the drug is to be treated as excepted possession for the

purposes of this Act, and

(d)   

include any provision in relation to the drug of a kind that

could be made in regulations under section 10 or 22 if the

40

drug were a Class A drug, a Class B drug or a Class C drug

(but ignoring section 31(3)).

(3)   

Provision under subsection (2) may take the form of applying (with

or without modifications) any provision made in regulations under

section 7(1), 10 or 22.

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Police Reform and Social Responsibility Bill
Schedule 16 — Temporary class drug orders

177

 

(4)   

Provision under subsection (2)(b) may (in particular) provide for the

doing of something to be lawful if it is done—

(a)   

in circumstances mentioned in section 7(2)(a), or

(b)   

in compliance with such conditions as may be prescribed by

virtue of section 7(2)(b).

5

(5)   

Section 7(8) applies for the purposes of this section.

(6)   

Section 31(1) (general provision as to regulations) applies in relation

to a temporary class drug order that contains provision made by

virtue of this section as it applies to regulations under this Act.”.

9          

In section 9A (prohibition of supply etc of articles for administering or

10

preparing controlled drugs), in subsection (4)—

(a)   

at the end of paragraph (a) omit “or”,

(b)   

in paragraph (b) after “of a controlled drug” insert “, other than a

temporary class drug,”, and

(c)   

at the end of that paragraph insert “, or

15

(c)   

the administration by any person of a temporary class

drug to himself in circumstances where having the

drug in his possession is to be treated as excepted

possession for the purposes of this Act (see section

7A(2)(c)).”.

20

10         

In section 10 (power to make regulations for preventing misuse of controlled

drugs), after subsection (2) insert—

“(3)   

In this section a reference to “controlled drugs” does not include a

reference to temporary class drugs (see instead section 7A).”.

11         

In section 11 (power to direct special precautions for safe custody of

25

controlled drugs to be taken at certain premises), in subsection (1) after “of

this Act” insert “or by provision made in a temporary class drug order by

virtue of section 7A that is of a corresponding description to such

regulations”.

12    (1)  

Section 13 (directions prohibiting prescribing, supply etc of controlled drugs

30

by practitioners in other cases) is amended as follows.

      (2)  

In subsection (1)—

(a)   

after “section 10(2) of this Act” insert “or of corresponding provision

made in a temporary class drug order”, and

(b)   

after “said paragraph (i)” insert “or of any such corresponding

35

provision”.

      (3)  

After subsection (1) insert—

“(1A)   

For the purposes of subsection (1), provision made in a temporary

class drug order is “corresponding provision” if it—

(a)   

is made by virtue of section 7A(2)(d), and

40

(b)   

is of a corresponding description to regulations made in

pursuance of section 10(2)(h) or (as the case may be) 10(2)(i).”.

13         

In section 18 (miscellaneous offences), after subsection (4) insert—

“(5)   

In this section (and in references in Schedule 4 that refer to this

section), any reference to regulations made under this Act is to be

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Police Reform and Social Responsibility Bill
Schedule 16 — Temporary class drug orders

178

 

taken as including a reference to provision made in a temporary class

drug order by virtue of section 7A.

(6)   

For this purpose, the reference in subsections (1) and (2) to

regulations made in pursuance of section 10(2)(h) or (in the case of

subsection (1)) section 10(2)(i) is a reference to any provision of a

5

temporary class drug order which—

(a)   

is made by virtue of section 7A(2)(d), and

(b)   

is of a corresponding description to regulations made in

pursuance of section 10(2)(h) or (in the case of subsection (1))

section 10(2)(i).”.

10

14         

In section 22 (further power to make regulations)—

(a)   

renumber the existing provision as subsection (1), and

(b)   

after that subsection insert—

“(2)   

The power to make regulations under this section does not

apply in relation to temporary class drugs (see instead

15

section 7A).”.

15    (1)  

Section 23 (powers to search and obtain evidence) is amended as follows.

      (2)  

In subsection (2) after “any regulations” insert “or orders”.

      (3)  

In subsection (3)(a) after “any regulations” insert “or orders”.

16         

After section 23 insert—

20

“23A    

Temporary class drugs: further power to search, seize and detain

(1)   

Subsection (3) applies in any case where—

(a)   

a constable has reasonable grounds to suspect that a person

(“P”) is in possession of a temporary class drug, and

(b)   

it does not appear to the constable that a power under section

25

23(2) applies to the case.

(2)   

But if any provision has been made by virtue of section 7A(2)(c)

(excepted possession) that applies to the temporary class drug in

question, subsection (3) applies only if the constable has no reason to

believe that P’s possession of the drug is to be treated as excepted

30

possession for the purposes of this Act.

(3)   

The constable may—

(a)   

search P, and detain P for the purposes of searching P;

(b)   

search any vehicle or vessel in which the constable suspects

that the drug may be found, and for that purpose require the

35

person in control of the vehicle or vessel to stop it;

(c)   

seize and detain anything found in the course of the search

which appears to the constable to be a temporary class drug

or to be evidence of an offence under this Act.

   

In this subsection, “vessel” has the same meaning as in section 23(2).

40

(4)   

Subsection (5) applies if a constable reasonably believes that

anything detained under subsection (3)(c) is a temporary class drug

but is not evidence of any offence under this Act.

(5)   

The constable may dispose of the drug in such manner as the

constable thinks appropriate.

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Police Reform and Social Responsibility Bill
Schedule 16 — Temporary class drug orders

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(6)   

A person who intentionally obstructs a constable in the exercise of

the constable’s powers under subsection (3) commits an offence.”.

17    (1)  

Section 25 (prosecution and punishment of offences) is amended as follows.

      (2)  

After subsection (2) insert—

“(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.

(2B)   

The punishments which may be imposed on a person convicted of

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

Schedule 4).”.

      (3)  

After subsection (3) insert—

“(3A)   

The punishments which may be imposed on a person convicted of an

offence under section 23A(6) are the same as those which, under

15

Schedule 4, may be imposed on a person convicted of an offence

under section 23(4).”.

18         

In section 30 (licenses and authorities) after “of regulations” insert “or

orders”.

19         

In section 38(1) (special provisions as to Northern Ireland) for “2, 7,”

20

substitute “2, 2A, 7, 7A,”.

Amendments to other legislation

20         

In Schedule 1 to the Customs and Excise Management Act 1979 (controlled

drugs: variation of punishments for certain offences)—

(a)   

in paragraph 1—

25

(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

“or a temporary class drug”.

 
 

 
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