Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 12 January 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 2-11, NC1-NC2

 

Consideration of Bill (Report Stage)


 

Psychoactive Substances Bill, As Amended


 

Note

 

This document includes all amendments tabled to date, arranged in the order they

 

relate to the Bill

 


 

New Clauses

 

Lyn Brown

 

Andrew Gwynne

 

NC1

 

Parliamentary Star    

To move the following Clause—

 

         

“New Psychoactive Substances – Prevention and Education

 

(1)    

In section 84(3) of the Education Act 2002 (curriculum foundation subjects for

 

the first, second and third key stages), after paragraph (g) there is inserted—

 

“(gi)    

personal, social and health education.

 

(2)    

In section 85(4) of the Education Act 2002 (curriculum foundation subjects for

 

the fourth key stage), at the end there is inserted “, and

 

(d)    

personal, social and health education.”

 

(3)    

In section 74(1) of the Education and Inspections Act 2006, which (when brought

 

into force) will substitute a new section 85 in the Education Act 2002, in

 

subsection (4) of that substituted section (foundation subjects for the fourth key

 

stage), at the end there is inserted “, and


 
 

Notices of Amendments: 12 January 2016                  

2

 

Psychoactive Substances Bill, continued

 
 

(d)    

personal, social and health education.”

 

(4)    

Before section 86 of the Education Act 2002 there is inserted—

 

“85B  

Personal, social and health education

 

 

(1)    

For the purposes of this Part, personal, social, health education (“PSHE”) shall

 

comprise—

 

(a)    

education about alcohol and tobacco, illegal recreational drugs and new

 

psychoactive substances;

 

(b)    

education about emotional health and well-being and how this can be

 

impacted by psychoactive substances;

 

(c)    

education about individual safety, including risk taking behaviour.

 

(2)    

The National Curriculum for England is not required to specify attainment targets

 

or assessment arrangements for PSHE (and section 84(1) has effect accordingly).

 

(3)    

The Secretary of State for Education shall set out guidance to schools and

 

colleges to ensure that a coherent approach to personal, social, health and

 

economic education is developed, including between primary and secondary

 

schools.

 

(4)    

It is the duty of the governing body and headteacher of any school in which PSHE

 

is provided in pursuance of this Part to secure that guidance issued under

 

subsection (3) is followed and principles set out in subsections (5) to (6) are

 

complied with.

 

(5)    

The first principle is that information presented in the course of providing PSHE

 

should be accurate and balanced.

 

(6)    

The second principle is that PSHE should be taught in a way that—

 

(a)    

is appropriate to the ages of the pupils concerned and to their religious

 

and cultural backgrounds, and also

 

(b)    

reflects a reasonable range of religious, cultural and other perspectives.

 

(7)    

The third principle is that PSHE should be taught in a way that—

 

(a)    

endeavours to promote equality,

 

(b)    

encourages acceptance of diversity, and

 

(c)    

emphasises the importance of both rights and responsibilities.

 

(8)    

In the exercise of their functions under this Part so far as relating to PSHE, a local

 

authority, governing body or headteacher shall have regard to any guidance

 

issued from time to time by the Secretary of State.”

 

Member’s explanatory statement

 

This would amend the Education Act to make PHSE, with drugs education including new

 

psychoactive substances, a foundation subject in the national curriculum.

 



 
 

Notices of Amendments: 12 January 2016                  

3

 

Psychoactive Substances Bill, continued

 
 

Lyn Brown

 

Andrew Gwynne

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“Breach of a premises notice

 

(1)    

A senior officer or a local authority may issue a notice requiring a premises to

 

cease trading if conditions A, B and C are met.

 

(2)    

Condition A is that the premises has been issued a premises notice under section

 

13 of this Act.

 

(3)    

Condition B is that in the view of the senior officer or a local authority that issued

 

the premises notice, the terms of that notice are not being complied with.

 

(4)    

Condition C is that the senior officer or local authority has made an application

 

to an appropriate court for a premises order under section 19 of this Act.

 

(5)    

A notice issued to a premises under subsection 1 shall cease to have effect when a

 

court has considered an application for a premises order in respect of that

 

premises.

 

(6)    

In a case where a court has decided not to issue a premises order to a premises that

 

has been subject to a notice under this section, the court may order the local

 

authority or the senior officer’s organisation to pay compensation to the owner of

 

the premises in respect of income lost due to the suspension in trading.

 

(7)    

For the meaning of “senior officer”, see section 12(7).”

 

Member’s explanatory statement

 

This new clause’s intention is to allow a senior officer or local authority to compel a premises to

 

stop trading while it applies for a premises order.

 

 


 

Kit Malthouse

 

2

 

Parliamentary Star    

Clause  6,  page  3,  line  19,  leave out “or C” and insert “, C, D or E”

 

Kit Malthouse

 

3

 

Parliamentary Star    

Clause  6,  page  4,  line  7,  at end insert—

 

“(9A)    

Condition D is that the offence was committed on or within 100 metres of a

 

children’s home.

 

(9B)    

For the purposes of section (9A) “children’s home” has the same meaning as in

 

section 1 of the Care Standards Act 2000.

 

(9C)    

Condition E is that the offender supplied a psychoactive substance to any persons

 

who were under the age 18 when the offence was committed.”

 


 

Secretary Theresa May

 

6

 

Parliamentary Star    

Clause  32,  page  21,  line  3,  leave out “arising by virtue of” and insert “under”

 

Member’s explanatory statement

 

This is a drafting amendment to ensure that the language in clause 32(1) mirrors that in clauses

 

33(5) and 34(5).


 
 

Notices of Amendments: 12 January 2016                  

4

 

Psychoactive Substances Bill, continued

 
 

Secretary Theresa May

 

7

 

Parliamentary Star    

Clause  32,  page  21,  line  11,  leave out subsection (5) and insert—

 

“( )    

An Act of Adjournal under section 305 of the Criminal Procedure (Scotland) Act

 

1995 (Acts of Adjournal) may be made in relation to proceedings before the High

 

Court of Justiciary, the sheriff or the Sheriff Appeal Court—

 

(a)    

arising by virtue of section 19 or 29;

 

(b)    

under section 28, where the application relates to a prohibition order

 

made under section 19;

 

(c)    

under section 30(5);

 

(d)    

under subsection (1) of section 31, where the relevant order (as defined

 

in subsection (3) of that section) was made under section 19;

 

(e)    

under section 31(7).”

 

Member’s explanatory statement

 

This amendment enables the High Court of Justiciary in Scotland to make an Act of Adjournal

 

(criminal procedure rules) in relation to specified civil proceedings under clauses 19, 28, 29, 30

 

and 31 before the High Court of Justiciary, the sheriff or the Sheriff Appeal Court.

 

Secretary Theresa May

 

8

 

Parliamentary Star    

Clause  32,  page  21,  line  23,  leave out subsection (7)

 

Member’s explanatory statement

 

This amendment deletes clause 32(7), which provides that the criminal procedure rules would

 

apply to proceedings under clauses 19 and 29 in the Crown Court in England and Wales. Such

 

rules would apply in any event; accordingly express provision to this end is not required.

 


 

Lyn Brown

 

Andrew Gwynne

 

4

 

Parliamentary Star    

Clause  57,  page  36,  line  25,  at end insert—

 

“(2A)    

The report must inform Parliament on progress made in improving education and

 

awareness about new psychoactive substances.”

 

Member’s explanatory statement

 

This amendment requires the Secretary of State to include a section on progress in NPS education

 

in their statutory review.

 


 

Secretary Theresa May

 

9

 

Parliamentary Star    

Clause  62,  page  38,  line  33,  at end insert—

 

“( )    

The power under section 384(1) of the Armed Forces Act 2006 (“the 2006 Act”)

 

may be exercised so as to extend to any of the Channel Islands (with or without

 

modifications) any amendment or repeal made by or under this Act of any part of

 

the 2006 Act.


 
 

Notices of Amendments: 12 January 2016                  

5

 

Psychoactive Substances Bill, continued

 
 

( )    

The power under section 384(2) of the 2006 Act may be exercised so as to modify

 

any provision of that Act as amended by or under this Act as it extends to the Isle

 

of Man or a British overseas territory.”

 

Member’s explanatory statement

 

This amendment enables the amendments to the Armed Forces Act 2006 made by paragraph 7 of

 

Schedule 5 to the Bill to be extended, with or without modifications, to any of the Channel Islands

 

and provides power to modify that Act, as amended by the Bill, as it extends to the Isle of Man or

 

a British overseas territory.

 


 

Mrs Cheryl Gillan

 

1

 

Schedule  1,  page  41,  line  12,  at end insert—

 

“Racetams

 

8          

Pramiracetam

 

9          

Oxiracetam

 

10         

N-phenylacetyl-L-prolylglycine ethyl ester

 

11         

Phenylpiracetam

 

12         

Nefiracetam

 

Cholinergics

 

13         

L-Alpha glycerylphosphorylcholine

 

14         

Citicoline

 

15         

Meclofenoxate

 

Miscellaneous

 

16         

L-Theanine

 

17         

Oxitriptan

 

18         

Tongkat Ali

 

19         

Resveratol

 

20         

Trans-resveratol

 

21         

Sulbutiamine

 

Member’s explanatory statement

 

This amendment exempts a number of substances from scope of the regulation regime introduced

 

in the Psychoactive Substances Bill. The substances in this amendment are commonly used to

 

improve individuals’ cognitive performance and have been found to have positive effects in a

 

number of academic studies.


 
 

Notices of Amendments: 12 January 2016                  

6

 

Psychoactive Substances Bill, continued

 
 

Lyn Brown

 

Andrew Gwynne

 

5

 

Parliamentary Star    

Schedule  1,  page  41,  line  12,  at end insert—

 

“Miscellaneous

 

8          

Alkyl nitrates”

 

Member’s explanatory statement

 

This would exempt “poppers” from the Bill, as recommended by the Home Affairs Select

 

Committee.

 


 

Secretary Theresa May

 

10

 

Parliamentary Star    

Schedule  2,  page  42,  line  36,  leave out “as defined by” and insert “falling within

 

paragraphs (a) to (d) of”

 

Member’s explanatory statement

 

This amendment amends the definition of a “relevant NHS body” in Northern Ireland for the

 

purposes of the exemption for research activities provided for in Schedule 2. The amendment

 

excludes special agencies, the Patient and Client Council and the Regulation and Quality

 

Improvement Authority from the scope of the definition.

 


 

Secretary Theresa May

 

11

 

Parliamentary Star    

Schedule  5,  page  57,  line  2,  at end insert—

 

“Regulatory Enforcement and Sanctions Act 2008

 

            

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008

 

(enactments specified for the purposes of Part 1 of that Act), at the appropriate

 

place insert—

 

“Psychoactive Substances Act 2016”.”

 

Member’s explanatory statement

 

This amendment adds the Psychoactive Substances Act to the list of enactments in Schedule 3 to

 

the Regulatory Enforcement and Sanctions Act 2008 (which specifies enactments for the purpose

 

of the Secretary of State’s and Welsh Ministers’ functions under Part 1 of that Act).

 

 

Order of the House [19 October 2015]

 

That the following provisions shall apply to the Psychoactive Substances Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 29 October 2015.


 
 

Notices of Amendments: 12 January 2016                  

7

 

Psychoactive Substances Bill, continued

 
 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion three hours after the commencement of the

 

proceedings.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion four hours after the commencement of proceedings

 

on Consideration.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 


 

 

Revised 12 January 2016