Prisons (Substance Testing) Act 2021

2021 c. 18

An Act to make provision about substance testing in prisons and similar institutions.

Enacted[29th April 2021]

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:—

^I11 Testing prisoners for psychoactive substances and other substances¶

1 Section 16A of the Prison Act 1952 (testing prisoners for drugs) is amended in accordance with this section.

2 In the title, after “drugs” insert “ , psychoactive substances and other substances ”.

3 In subsection (1), for “he has any drug in his body” substitute “the prisoner has in their body any—

a controlled drug,

b pharmacy medicine,

c prescription only medicine,

d psychoactive substance, or

e specified substance”.

4 After subsection (2) insert—

5 In subsection (3)—

a in the definition of “drug”—

i for “ “drug” means” substitute “ “controlled drug” means ”;

ii omit “or specified drug”;

b after the definition of “intimate sample” insert—

;

c after the definition of “prison rules” insert—

;

d in the definition of “specified drug”, for “ “specified drug” means” substitute “ “specified substance” means ”.

^I32 Consequential 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

2 In the Prison Act 1952—

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

;

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

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).

^I23 Final provisions¶

1 This Act may be cited as the Prisons (Substance Testing) Act 2021.

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 extends to England and Wales only.

Footnotes

I1
S. 1 in force at 8.12.2021 by S.I. 2021/1280, reg. 2
I2
S. 3 in force at 8.12.2021 by S.I. 2021/1280, reg. 2
I3
S. 2 in force at 8.12.2021 by S.I. 2021/1280, reg. 2