I12Consequential amendments

1

In section 47 of the Prison Act 1952 (prison rules), in subsection (3A)—

a

omit “(which is not a controlled drug for the purposes of the Misuse of Drugs Act 1971)”;

b

after “this Act” insert

; but a substance or product may not be specified if it is—

a

a controlled drug,

b

a pharmacy medicine,

c

a prescription only medicine, or

d

a psychoactive substance

within the meaning of section 16A

2

In the Prison Act 1952—

a

in section 16A (testing prisoners for drugs), after subsection (3) insert—

4

The Secretary of State may, by regulations, make such amendments of this section or section 47 as the Secretary of State considers appropriate in consequence of—

a

the amendment or revocation of the Human Medicine Regulations 2012, or

b

the making, amendment or revocation of any other subordinate legislation (whenever made) which relates to human medicines.

5

In subsection (4) “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

b

in section 52 (exercise of power to make regulations etc), after subsection (2B) insert—

2C

A statutory instrument containing regulations under section 16A(4) shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

3

In the Prison Rules 1999—

a

in rule 2 (interpretation), in paragraph (1), omit the definition of “specified drug”;

b

in rule 50 (compulsory testing for controlled drugs or specified drugs)—

i

in the title, omit “or specified drugs”;

ii

in paragraph (1), omit “or specified drug”;

c

in rule 51 (offences against discipline), in paragraphs (9) and (24) omit “or specified drug”;

d

in rule 52 (defences to rule 51(9)), in sub-paragraphs (a), (b) and (c), omit “or specified drug”;

e

omit Schedule 2.

4

In the Young Offender Institution Rules 2000—

a

in rule 2 (interpretation), in paragraph (1), omit the definition of “specified drug”;

b

in rule 53 (compulsory testing for controlled drugs or specified drugs)—

i

in the title, omit “or specified drugs”;

ii

in paragraph (1), omit “or specified drug”;

c

in rule 55 (offences against discipline), in paragraphs (10) and (27) omit “or specified drug”;

d

in rule 56 (defences to rule 55(10)), in sub-paragraphs (a), (b) and (c), omit “or specified drug”;

e

omit Schedule 2.

5

The following instruments are revoked—

a

the Prison and Young Offender Institution (Amendment) Rules 2016 (S.I. 2016/583);

b

the Prison and Young Offender Institution (Amendment) (No. 2) Rules 2016 (S.I. 2016/945).

6

In the Prison and Young Offender Institution (Amendment) (No. 2) Rules 2018 (S.I. 2018/960)—

a

omit Rule 2(5) (insertion of Schedule 2 into the Prison Rules 1999);

b

omit Rule 3(5) (insertion of Schedule 2 into the Young Offender Institution Rules 2000);

c

omit the Schedule (which sets out the new Schedule 2 inserted in accordance with Rules 2(5) and 3(5)).

7

In the Prison and Young Offender Institution (Coronavirus, etc) (Amendment) (No. 3) Rules 2020 (S.I. 2020/1077)—

a

omit rule 2(3), and

b

omit rule 3(3).