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Regulation 17 Amendment of the Psychoactive Substances Act 2016I1

United Kingdom

(1)

The Psychoactive Substances Act 2016 M1 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 ”.

Annotations

Marginal citations

M1

2016 c.2.

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