(7) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Powers for dealing with prohibited activities
12Meaning of “prohibited activity”
(1) In this Act “prohibited activity” means any of the following activities—
- (a) producing a psychoactive substance that is likely to be consumed by individuals for its psychoactive effects;
- (b) supplying such a substance;
- (c) offering to supply such a substance;
- (d) importing such a substance;
- (e) exporting such a substance;
- (f) assisting or encouraging the carrying on of a prohibited activity listed in any of paragraphs (a) to (e).
(2) The carrying on by a person of an activity listed in any of paragraphs (a) to (e) of subsection (1) is not the carrying on of a prohibited activity if the carrying on of the activity by that person would not be an offence under this Act by virtue of section 11.
13Prohibition notices
(1) A senior officer or a local authority may give a prohibition notice to a person if conditions A and B are met.
(2) A prohibition notice is a notice that requires the person to whom it is given not to carry on any prohibited activity or a prohibited activity of a description specified in the notice.
(3) Condition A is that the senior officer or local authority reasonably believes that the person is carrying on, or is likely to carry on, a prohibited activity.
(4) Condition B is that the senior officer or local authority reasonably believes that it is necessary and proportionate to give the prohibition notice for the purpose of preventing the person from carrying on any prohibited activity.
(5) A prohibition notice may not be given—
- (a) in England and Wales or Northern Ireland, to an individual who is under the age of 10, or
- (b) in Scotland, to an individual who is under the age of 12.
(6) A prohibition notice given to an individual who is under the age of 18—
- (a) must specify the period for which it has effect, and
- (b) may not have effect for more than 3 years.
(7) In this Act “senior officer” means—
- (a) a constable of at least the rank of inspector;
- (b) a designated NCA officer of grade 3 or above;
- (c) a general customs official of at least the grade of higher officer.
