Regulation 17 Amendment of the Psychoactive Substances Act 2016
The Psychoactive Substances Act 2016f1 is amended as follows.
In Schedule 1 (exempted substances), in paragraph 7 (food)—
before the definition of “food” insert—
““enactment” includes—
- (a)
an enactment contained in subordinate legislation;
- (b)
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
- (c)
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
- (d)
an enactment contained in, or in an instrument made under, Northern Ireland legislation;”;
in paragraph (b) of the definition of “prohibited ingredient”, for “by an EU instrument” substitute “by an enactment”.
In Schedule 4 (providers of information society services)—
omit paragraph 1 (domestic service providers: extension of liability);
in paragraph 2(3) (non-UK service providers: restriction on institution of proceedings), in the definition of “non-UK service provider” omit “other than the United Kingdom”;
omit paragraph 6 (domestic service providers: extension of liability);
in paragraph 7 (non-UK service providers: restriction on including terms in prohibition notice or order)—
in sub-paragraph (5), omit paragraph (b) and the “and” immediately preceding that paragraph;
omit sub-paragraph (6);
in sub-paragraph (7)—
omit “or notification”;
for “referred to in sub-paragraph (6)(b)” substitute “for the order or variation”;
in sub-paragraph (8), in the definition of “non-UK service provider” omit “other than the United Kingdom”;
in paragraph 8(1) (protections for service providers of intermediary services), at the end insert “, reading those Articles as if the requirements imposed on a Member State were imposed on the person giving the notice or the court making the order.”;
in paragraph 8(2), for “covered by” substitute “falling within the descriptions contained in”;
in paragraph 11(1) (establishment of a service provider)—
in the words before paragraph (a), for “in a particular part of the United Kingdom, or in a particular EEA state,” substitute “in a particular EEA state”;
in paragraph (a), for “that part of the United Kingdom, or that EEA state,” substitute “that EEA state”.
Annotations
Footnotes
- f1