Section 184 Assessment of misuse of controlled drugsI1

England and Wales Not yet in force

(1)

The Drugs Act 2005 is amended as follows.

(2)

In section 9 (initial assessment following testing for presence of Class A drugs), for “Class A” (in each place it appears, including the heading) substitute “controlled”.

(3)

In section 10 (follow-up assessment), in subsection (4), for “Class A” substitute “controlled”.

(4)

In section 16 (samples submitted for further analysis), in subsection (1)(b), for “Class A” substitute “controlled”.

(5)

In section 17 (relationship with the Bail Act 1976 etc)—

(a)

for subsection (1) substitute—

“(1)

Subsection (1A) applies if a requirement is imposed on a person by virtue of section 9(2) or 10(2) and at any time before the person has fully complied with the requirement—

(a)

the person is charged with the related offence, and

(b)

a court imposes on the person a condition of bail under section 3(6D) of the Bail Act 1976 (duty to impose condition to undergo relevant Class A drug assessment etc).

(1A)

For the purposes of the requirement—

(a)

section 9(3)(a) or 10(4) applies as if for “specified controlled drug” there were substituted “specified controlled drug that is not a Class A drug”, and

(b)

accordingly, the required initial or follow-up assessment (and any care plan within the meaning of section 10(4)) is in respect of the person’s dependency upon or propensity to misuse any specified controlled drug that is not a Class A drug only.”;

(b)

in subsection (5)—

(i)

after “subsection (1)” insert “and (1A)”;

(ii)

for “ceases to have effect” (in each place it appears) substitute “is modified by subsection (1A)”.

(6)

In section 19 (interpretation)—

(a)

in subsection (2), after “drug”” insert “, “controlled drug””;

(b)

for subsection (3) substitute—

“(3)

“Specified controlled drug” means a controlled drug specified in regulations under section 63C(6)(b) of PACE.”

Annotations

Commencement

I1: S. 184 not in force at Royal Assent, see s. 255(1)