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Psychoactive Substances Act 2016

2016 c. 2 · Enacted 28 January 2016 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 7 February 2023.

An Act to make provision about psychoactive substances; and for connected purposes.[28th January 2016]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Introductory
  2. 1Overview
  3. Psychoactive substances
  4. 2Meaning of “psychoactive substance” etc
  5. 3Exempted substances
  6. Offences
  7. 4Producing a psychoactive substance
  8. 5Supplying, or offering to supply, a psychoactive substance
  9. 6Aggravation of offence under section 5
  10. 7Possession of psychoactive substance with intent to supply
  11. 8Importing or exporting a psychoactive substance
  12. 9Possession of a psychoactive substance in a custodial institution
  13. 10Penalties
  14. 11Exceptions to offences
  15. Powers for dealing with prohibited activities
  16. 12Meaning of “prohibited activity”
  17. 13Prohibition notices
  18. 14Premises notices
  19. 15Prohibition notices and premises notices: supplementary
  20. 16Further provision about giving notices under sections 13 to 15
  21. 17Meaning of “prohibition order”
  22. 18Prohibition orders on application
  23. 19Prohibition orders following conviction
  24. 20Premises orders
  25. 21Applications for prohibition orders and premises orders
  26. 22Provision that may be made by prohibition orders and premises orders
  27. 23Enforcement of access prohibitions
  28. 24Access prohibitions: reimbursement of costs
  29. 25Access prohibitions: exemption from liability
  30. 26Offence of failing to comply with a prohibition order or premises order
  31. 27Offence of failing to comply with an access prohibition, etc
  32. 28Variation and discharge on application
  33. 29Variation following conviction
  34. 30Appeals against making of prohibition orders and premises orders
  35. 31Appeals about variation and discharge
  36. 32Nature of proceedings under sections 19 and 29, etc
  37. 33Special measures for witnesses: England and Wales
  38. 34Special measures for witnesses: Northern Ireland
  39. 35Transfer of proceedings from youth court
  40. Powers of entry, search and seizure
  41. 36Power to stop and search persons
  42. 37Power to enter and search vehicles
  43. 38Power to board and search vessels or aircraft
  44. 39Power to enter and search premises
  45. 40Further provision about search warrants
  46. 41Powers of examination, etc
  47. 42Power to require production of documents, etc
  48. 43Powers of seizure, etc
  49. 44Excluded items
  50. 45Further provision about seizure under section 43
  51. 46Notices and records in relation to seized items
  52. 47Powers of entry, search and seizure: supplementary provision
  53. 48Offences in relation to enforcement officers
  54. Retention and disposal of items
  55. 49Retention of seized items
  56. 50Power of police, etc to dispose of seized psychoactive substances
  57. 51Forfeiture of seized items by court on application
  58. 52Appeal against decision under section 51
  59. 53Return of item to person entitled to it, or disposal if return impracticable
  60. 54Forfeiture by court following conviction
  61. Supplementary and final provisions
  62. 55Application of Customs and Excise Management Act 1979
  63. 56Offences by directors, partners, etc
  64. 57Providers of information society services
  65. 58Review
  66. 59Interpretation
  67. 60Consequential amendments
  68. 61Power to make further consequential amendments
  69. 62Extent
  70. 63Commencement and short title
  71. Schedule 1: EXEMPTED SUBSTANCES
  72. Controlled drugs
  73. 1Paragraph 1
  74. Medicinal products
  75. 2Paragraph 2
  76. Alcohol
  77. 3Paragraph 3
  78. Nicotine and tobacco products
  79. 4Paragraph 4
  80. 5Paragraph 5
  81. Caffeine
  82. 6Paragraph 6
  83. Food
  84. 7Paragraph 7
  85. Schedule 2: EXEMPTED ACTIVITIES
  86. Healthcare-related activities
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. 3Paragraph 3
  90. Research
  91. 4Paragraph 4
  92. Schedule 3: SEARCH WARRANTS: ENGLAND AND WALES AND NORTHERN IRELAND
  93. Part 1: APPLICATION OF THIS SCHEDULE
  94. 1Paragraph 1
  95. Part 2: SEARCH WARRANTS: APPLICATIONS AND SAFEGUARDS
  96. Applications for warrants
  97. 2Paragraph 2
  98. Safeguards in connection with power of entry conferred by warrant
  99. 3Paragraph 3
  100. 4Paragraph 4
  101. 5Paragraph 5
  102. Part 3: EXECUTION OF SEARCH WARRANTS
  103. Warrant to be executed within one month
  104. 6Paragraph 6
  105. All-premises warrants
  106. 7Paragraph 7
  107. Search of premises more than once
  108. 8Paragraph 8
  109. Time of search
  110. 9Paragraph 9
  111. Evidence of authority etc
  112. 10Paragraph 10
  113. Extent of search
  114. 11Paragraph 11
  115. Securing premises after entry
  116. 12Paragraph 12
  117. Return and retention of warrant
  118. 13Paragraph 13
  119. Schedule 4: PROVIDERS OF INFORMATION SOCIETY SERVICES
  120. Part 1: OFFERING TO SUPPLY A PSYCHOACTIVE SUBSTANCE
  121. Domestic service providers: extension of liability
  122. 1Paragraph 1 Repealed
  123. Non-UK service providers: restriction on institution of proceedings
  124. 2Paragraph 2
  125. Exceptions for mere conduits
  126. 3Paragraph 3
  127. Exception for caching
  128. 4Paragraph 4
  129. Exception for hosting
  130. 5Paragraph 5
  131. Part 2: PROHIBITION NOTICES AND PROHIBITION ORDERS
  132. Domestic service providers: extension of liability
  133. 6Paragraph 6 Repealed
  134. Non-UK service providers: restriction on including terms in prohibition notice or order
  135. 7Paragraph 7
  136. Protections for service providers of intermediary services
  137. 8Paragraph 8
  138. 9Paragraph 9
  139. Part 3: INTERPRETATION
  140. 10Paragraph 10
  141. 11Paragraph 11
  142. Schedule 5: CONSEQUENTIAL AMENDMENTS
  143. Intoxicating Substances (Supply) Act 1985
  144. 1Paragraph 1
  145. Proceeds of Crime Act 2002
  146. 2Paragraph 2
  147. Police Reform Act 2002
  148. 3Paragraph 3 Repealed
  149. Police (Northern Ireland) Act 2003
  150. 4Paragraph 4
  151. Licensing Act 2003
  152. 5Paragraph 5
  153. Gambling Act 2005
  154. 6Paragraph 6
  155. Armed Forces Act 2006
  156. 7Paragraph 7
  157. Serious Crime Act 2007
  158. 8Paragraph 8
  159. Regulatory Enforcement and Sanctions Act 2008
  160. 9Paragraph 9
  161. Policing and Crime Act 2009
  162. 10Paragraph 10