taken as including a reference to provision made in a temporary class
drug order by virtue of section 7A.
For this purpose, a reference in subsection (1) or (2) to regulations
made in pursuance of section 10(2)(h) or (i) is a reference to any
provision of a temporary class drug order which—
is made by virtue of section 7A(2)(d), and
is of a corresponding description to regulations made in
pursuance of section 10(2)(h) or (as the case may be) (i).”.
In section 22 (further power to make regulations)—
renumber the existing provision as subsection (1), and
after that subsection insert—
The power to make regulations under this section does not
apply in relation to temporary class drugs (see instead
Section 23 (powers to search and obtain evidence) is amended as follows.
In subsection (2) after “any regulations” insert “or orders”.
In subsection (3)(a) after “any regulations” insert “or orders”.
After section 23 insert—
Temporary class drugs: further power to search, seize and detain
Subsection (3) applies in any case where—
a constable has reasonable grounds to suspect that a person
(“P”) is in possession of a temporary class drug, and
it does not appear to the constable that a power under section
23(2) applies to the case.
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
possession for the purposes of this Act.
search P, and detain P for the purposes of searching P;
search any vehicle or vessel in which the constable suspects
that the drug may be found, and for that purpose require the
person in control of the vehicle or vessel to stop it;
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).
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.
The constable may dispose of the drug in such manner as the
constable thinks appropriate.
A person who intentionally obstructs a constable in the exercise of
the constable’s powers under subsection (3) commits an offence.”.
Section 25 (prosecution and punishment of offences) is amended as follows.
After subsection (2) insert—
Subsection (2B) applies if an offence specified in the first column of
Schedule 4 is committed in relation to a temporary class drug.
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
that way in relation to a Class B drug (see the fifth column of
After subsection (3) insert—
The punishments which may be imposed on a person convicted of an
offence under section 23A(6) are the same as those which, under
Schedule 4, may be imposed on a person convicted of an offence
In section 30 (licenses and authorities) after “of regulations” insert “or
In section 37(1) (interpretation), after the definition of “supplying” insert—
““temporary class drug order” means an order made under
In section 38(1) (special provisions as to Northern Ireland) for “2, 7,”
substitute “2, 2A, 7, 7A,”.
Amendments of other legislation
In Schedule 1 to the Customs and Excise Management Act 1979 (controlled
drugs: variation of punishments for certain offences)—
in the opening words for “or a Class B drug” substitute “,
Class B drug or a temporary class drug”, and
in paragraph (b)(ii) of the substituted words after “Class B
drug” insert “or a temporary class drug”, and
in paragraph 3, for “and “Class C drug”” substitute “, “Class C drug”
and “temporary class drug””.
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”.