Regulation 17 Amendment of the Psychoactive Substances Act 2016I1
United Kingdom
The Psychoactive Substances Act 2016 M1 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
Marginal citations
- M1
Commencement
- I1
Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1