Approved Premises (Substance Testing) Act 2022
| Year | 2022 |
Approved Premises (Substance Testing) Act 2022
2022 Chapter 27
An Act to make provision about substance testing in approved premises.
[28 April 2022]
e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Substance testing of residents in approved premises
(1) The Offender Management Act 2007 is amended as follows.
(2) In section 13 (approved premises), in subsection (1), after “section” insert “and section 13A”.
(3) After section 13 insert—
13A
“13A. Approved premises: substance testing
(1) Subsection (2) applies if—
(a)
(a) the manager of any approved premises has given an authorisation that specifies when the power in that subsection may be exercised at those premises, and
(b)
(b) that authorisation is in force.
(2) A member of staff may, at the approved premises and in accordance with the authorisation given under subsection (1), require any resident of those premises to provide a sample of urine for the purpose of ascertaining whether the resident has in their body any—
(a)
(a) controlled drug,
(b)
(b) prescription only medicine, or
(c)
(c) psychoactive substance.
(3) The power in subsection (2) includes power to require a resident to provide a sample of any other description, except an intimate sample, whether instead of or in addition to a sample of urine.
(4) The Secretary of State may use any residents’ samples to test, on an anonymised basis, for the prevalence of the following substances in approved premises—
(a)
(a) controlled drugs,
(b)
(b) medicinal products, or
(c)
(c) psychoactive substances.
(5) In giving, or deciding whether to give, an authorisation under subsection (1), the manager must have regard to any guidance regarding the giving of authorisations issued by the Secretary of State.
(6) In exercising the power in subsection (2), a member of staff must have regard to any guidance regarding the exercise of that power issued by the Secretary of State.
(7) In this section—
“” has the meaning given by section 13(1);
“” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971 (see section 2 of that Act);
“” has the same meaning as in Part 5 of the Police and Criminal Evidence Act 1984 (see section 65 of that Act);
“” has the meaning given in regulation 2 of the Human...
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