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Approved Premises (Substance Testing) Bill

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Justice with consent of Baroness Sater, the Member in Charge of the Bill, have been ordered to be published as HL Bill 100—EN.

Approved Premises (Substance Testing) Bill
[AS BROUGHT FROM THE COMMONS]
CONTENTS
[AS BROUGHT FROM THE COMMONS]

A

bill

to

Make provision about substance testing in approved premises.

B e 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:—

1 Substance testing of residents in approved premises

(1)

The Offender Management Act 2007 is amended as follows.

(2)

In section 13 (approved premises), in subsection (1), after “section” insert “and
section 13A”.

(3)

After section 13 insert—


“13A
Approved premises: substance testing


(1)

Subsection (2) applies if—


(a)

the manager of any approved premises has given an
authorisation that specifies when the power in that subsection
may be exercised at those premises, and


(b)

that authorisation is in force.


(2)

A member of staff may, at the approved premises and in accordance
with the authorisation given under subsection (1), require any resident
of those premises to provide a sample of urine for the purpose of
ascertaining whether the resident has in their body any—


(a)

controlled drug,


(b)

prescription only medicine, or


(c)

psychoactive substance.


(3)

The power in subsection (2) includes power to require a resident to
provide a sample of any other description, except an intimate sample,
whether instead of or in addition to a sample of urine.


(4)

The Secretary of State may use any residents’ samples to test, on an
anonymised basis, for the prevalence of the following substances in
approved premises—


(a)

controlled drugs,


(b)

medicinal products, or


(c)

psychoactive substances.


(5)

In giving, or deciding whether to give, an authorisation under
subsection (1), the manager must have regard to any guidance
regarding the giving of authorisations issued by the Secretary of State.


(6)

In exercising the power in subsection (2), a member of staff must have
regard to any guidance regarding the exercise of that power issued
by the Secretary of State.


(7)

In this section—


approved premises
has the meaning given by section 13(1);


controlled drug
means any drug which is a controlled drug for
the purposes of the Misuse of Drugs Act 1971 (see section 2 of
that Act);


intimate sample
has the same meaning as in Part 5 of the Police
and Criminal Evidence Act 1984 (see section 65 of that Act);


medicinal product
has the meaning given in regulation 2 of the
Human Medicines Regulations 2012 (S.I. 2012/1916);


prescription only medicine
has the meaning given in regulation
8 of the Human Medicines Regulations 2012 (S.I. 2012/1916);


psychoactive substance
has the same meaning as in the
Psychoactive Substances Act 2016 (see section 2 of that Act);


resident
means a person who lives in approved premises other
than a member of staff;


residents’ sample
means any sample—


(a)

provided under subsection (2) or (3), or


(b)

provided voluntarily;


the manager
means, in relation to approved premises, the
individual in general control over the management of the
approved premises.


(8)

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


(a)

the amendment or revocation of the Human Medicines
Regulations 2012 (S.I. 2012/1916), or


(b)

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


(9)

In subsection (8) “subordinate legislation” has the same meaning as
in the Interpretation Act 1978.”

(4)

In section 36 (orders and regulations), in subsection (3), after paragraph (a)
insert—


“(aa)

section 13A(8),”.

2 Extent, commencement and short title

(1)

This Act extends to England and Wales only.

(2)

This Act comes into force on such day as the Secretary of State may appoint
by regulations made by statutory instrument.

(3)

This Act may be cited as the Approved Premises (Substance Testing) Act
2022.

Approved Premises (Substance Testing) Bill
[AS BROUGHT FROM THE COMMONS]

A

bill

to

Make provision about substance testing in approved premises.

Brought from the Commons on

Ordered to be Printed, .

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