# The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019, Regulation 17: Amendment of the Psychoactive Substances Act 2016


(1) The Psychoactive Substances Act 2016 is amended as follows.
(2) In Schedule 1 (exempted substances), in paragraph 7 (food)—
(a) 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;”;
(b) in paragraph (b) of the definition of “prohibited ingredient”, for “by an EU instrument” substitute “by an enactment”.
(3) In Schedule 4 (providers of information society services)—
(a) omit paragraph 1 (domestic service providers: extension of liability);
(b) 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”;
(c) omit paragraph 6 (domestic service providers: extension of liability);
(d) in paragraph 7 (non-UK service providers: restriction on including terms in prohibition notice or order)—
(i) in sub-paragraph (5), omit paragraph (b) and the “and” immediately preceding that paragraph;
(ii) omit sub-paragraph (6);
(iii) in sub-paragraph (7)—
(aa) omit “or notification”;
(bb) for “referred to in sub-paragraph (6)(b)” substitute “for the order or variation”;
(iv) in sub-paragraph (8), in the definition of “non-UK service provider” omit “other than the United Kingdom”;
(e) 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.”;
(f) in paragraph 8(2), for “covered by” substitute “falling within the descriptions contained in”;
(g) in paragraph 11(1) (establishment of a service provider)—
(i) 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”;
(ii) in paragraph (a), for “that part of the United Kingdom, or that EEA state,” substitute “that EEA state”.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111178102/regulation/17 (the official version)
Page: https://openlegislation.uk/draft-law-enforcement-and-security-amendment-eu-exit-regulations-2019/regulation-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.