Amendment of the Psychoactive Substances Act 2016
17.—(1) The Psychoactive Substances Act 2016(1) is amended as follows.
(2) In Schedule 1 (exempted substances), in paragraph 7 (food)—
(a)before the definition of “food” insert—
““enactment” includes—
an enactment contained in subordinate legislation;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
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”.