OpenLegislation

Section 40A Sections 40B and 40C: classification of articlesF1

England and Wales

(1)

This section defines the categories of articles which are referred to in sections 40B and 40C.

(2)

A List A article is any article or substance in the following list (“List A”)—

(a)

a controlled drug (as defined for the purposes of the Misuse of Drugs Act 1971);

(b)

an explosive;

(c)

any firearm or ammunition (as defined in section 57 of the Firearms Act 1968);

(d)

any other offensive weapon (as defined in section 1(9) of the Police and Criminal Evidence Act 1984).

(3)

A List B article is any article or substance in the following list (“List B”)—

(a)

alcohol (as defined for the purposes of the Licensing Act 2003);

(b)

a mobile telephone;

(c)

a camera;

(d)

a sound-recording device.

(4)

In List B—

  • “camera” includes any device by means of which a photograph (as defined in section 40E) can be produced;

  • “sound-recording device” includes any device by means of which a sound-recording (as defined in section 40E) can be made.

(5)

The reference in paragraph (b), (c) or (d) of List B to a device of any description includes a reference to—

(a)

a component part of a device of that description; or

(b)

an article designed or adapted for use with a device of that description (including any disk, film or other separate article on which images, sounds or information may be recorded).

(6)

A List C article is any article or substance prescribed for the purposes of this subsection by prison rules.

(7)

The Secretary of State may by order amend this section for the purpose of—

(a)

adding an entry to List A or List B;

(b)

repealing or modifying any entry for the time being included in List A or List B;

(c)

adding, repealing or modifying any provision for the interpretation of any such entry.

Annotations

Textual amendments

F1

Ss. 40A-40C substituted for s. 40 (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 22(1), 41(1); S.I. 2008/504, art. 3(h)

Notes on Offences

Modifications

C1

Power to apply ss. 39–42 with modifications conferred by Army Act 1955 (c. 18), s. 122(3), Air Force Act 1955 (c. 19), s. 122(3) and Naval Discipline Act 1957 (c. 53), s. 82(3)