Prisons (Substance Testing) Act 2021
Jurisdiction | UK Non-devolved |
Citation | 2021 c. 18 |
(1) Section 16A of the Prison Act 1952 (testing prisoners for drugs) is amended in accordance with this section.(2) In the title, after “drugs” insert “ , psychoactive substances and other substances ” .controlled drug,pharmacy medicine,prescription only medicine,psychoactive substance, orspecified substance”.(4) After subsection (2) insert—“ “controlled drug” means ” ;omit “or specified drug”;after the definition of “intimate sample” insert—“ “specified substance” means ” .omit “(which is not a controlled drug for the purposes of the Misuse of Drugs Act 1971) ”;after “this Act” insert
- “(2A) The Secretary of State may use any prisoners' samples to test, on an anonymised basis, for the prevalence of the following substances in prisons—
- (a) controlled drugs,
- (b) medicinal products,
- (c) psychoactive substances, or
- (d) specified substances.
- “medicinal product” has the meaning given in regulation 2 of the Human Medicines Regulations 2012;“pharmacy medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012;“prescription only medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012;
- “prisoners' samples” means any sample—
- (a) provided under subsection (1) or (2) , or
- (b) provided by prisoners voluntarily; “psychoactive substance” has the same meaning as in the Psychoactive Substances Act 2016;
- ; but a substance or product may not be specified if it is—
- (a) a controlled drug,
- (b) a pharmacy medicine,
- (c) a prescription only medicine, or
- (d) a psychoactive substance within the meaning of section 16A
- “(4) The Secretary of State may, by regulations, make such amendments of this section or section 47 as the Secretary of State considers appropriate in consequence of—
- (a) the amendment or revocation of the Human Medicine Regulations 2012, or
- (b) the making, amendment or revocation of any other subordinate legislation (whenever made) which relates to human medicines.
- (2C) A statutory instrument containing regulations under section 16A(4) shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
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