Psychoactive Substances Act 2016 (Version in vigour from 2022-04-28 to )

Consolidated Text

Cited authorities 77

Cited in

Currency	No known outstanding effects
Coming into Force	28 April 2022

(1) This Act contains provision about psychoactive substances.(2) Section 2 defines what is meant by a “psychoactive substance”.(3) Sections 4 to 10 contain provision about offences relating to psychoactive substances.(4) Section 11 provides for exceptions to those offences.(5) Sections 12 to 35 contain powers for dealing with prohibited activities in respect of psychoactive substances, in

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Contenidos

Psychoactive Substances Act 2016
Introductory

1: Overview

Psychoactive substances

2: Meaning of “psychoactive substance” etc

3: Exempted substances

Offences

4: Producing a psychoactive substance

5: Supplying, or offering to supply, a psychoactive substance

6: Aggravation of offence under section 5

7: Possession of psychoactive substance with intent to supply

8: Importing or exporting a psychoactive substance

9: Possession of a psychoactive substance in a custodial institution

10: Penalties

11: Exceptions to offences

Powers for dealing with prohibited activities

12: Meaning of “prohibited activity”

13: Prohibition notices

14: Premises notices

15: Prohibition notices and premises notices: supplementary

16: Further provision about giving notices under sections 13 to 15

17: Meaning of “prohibition order”

18: Prohibition orders on application

19: Prohibition orders following conviction

20: Premises orders

21: Applications for prohibition orders and premises orders

22: Provision that may be made by prohibition orders and premises orders

23: Enforcement of access prohibitions

24: Access prohibitions: reimbursement of costs

25: Access prohibitions: exemption from liability

26: Offence of failing to comply with a prohibition order or premises order

27: Offence of failing to comply with an access prohibition, etc

28: Variation and discharge on application

29: Variation following conviction

30: Appeals against making of prohibition orders and premises orders

31: Appeals about variation and discharge

32: Nature of proceedings under sections 19 and 29, etc

33: Special measures for witnesses: England and Wales

34: Special measures for witnesses: Northern Ireland

35: Transfer of proceedings from youth court

Powers of entry, search and seizure

36: Power to stop and search persons

37: Power to enter and search vehicles

38: Power to board and search vessels or aircraft

39: Power to enter and search premises

40: Further provision about search warrants

41: Powers of examination, etc

42: Power to require production of documents, etc

43: Powers of seizure, etc

44: Excluded items

45: Further provision about seizure under section 43

46: Notices and records in relation to seized items

47: Powers of entry, search and seizure: supplementary provision

48: Offences in relation to enforcement officers

Retention and disposal of items

49: Retention of seized items

50: Power of police, etc to dispose of seized psychoactive substances

51: Forfeiture of seized items by court on application

52: Appeal against decision under section 51

53: Return of item to person entitled to it, or disposal if return impracticable

54: Forfeiture by court following conviction

Supplementary and final provisions

55: Application of Customs and Excise Management Act 1979

56: Offences by directors, partners, etc

57: Providers of information society services
58: Review

59: Interpretation

60: Consequential amendments
61: Power to make further consequential amendments

62: Extent

63: Commencement and short title

SCHEDULES

SCHEDULE 1 Section 3
EXEMPTED SUBSTANCES

Controlled drugs
Medicinal products
Alcohol
Nicotine and tobacco products
Caffeine
Food

SCHEDULE 2 Section 11
EXEMPTED ACTIVITIES

Healthcare-related activities
Research

SCHEDULE 3 Section 40
SEARCH WARRANTS: ENGLAND AND WALES AND NORTHERN IRELAND

PART 1: APPLICATION OF THIS SCHEDULE
PART 2: SEARCH WARRANTS: APPLICATIONS AND SAFEGUARDS
PART 3: EXECUTION OF SEARCH WARRANTS

SCHEDULE 4 Section 57
PROVIDERS OF INFORMATION SOCIETY SERVICES

PART 1: OFFERING TO SUPPLY A PSYCHOACTIVE SUBSTANCE
PART 2: PROHIBITION NOTICES AND PROHIBITION ORDERS
PART 3: INTERPRETATION

SCHEDULE 5 Section 60
CONSEQUENTIAL AMENDMENTS

Intoxicating Substances (Supply) Act 1985
Proceeds of Crime Act 2002
Police Reform Act 2002
Police (Northern Ireland) Act 2003
Licensing Act 2003
Gambling Act 2005
Armed Forces Act 2006
Serious Crime Act 2007
Regulatory Enforcement and Sanctions Act 2008
Policing and Crime Act 2009

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Psychoactive Substances Act 2016 (Version in vigour from 2022-04-28 to )

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