PART 5Drug Precursors and Psychoactive Substances

CHAPTER 2Psychoactive substances

Amendment of the Psychoactive Substances Act 2016I117

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 ”.