The Prison and Young Offender Institution (Amendment) Rules 2021

Amendment of the Prison Rules 1999

2.—(1) The Prison Rules 1999(1) are amended as follows.

(2) In rule 2(1) (interpretation)—

(a) after the definition of “officer” insert—

““pharmacy medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012(2);

“prescription only medicine” has the meaning as given in regulation 8 of the Human Medicines Regulations 2012;”;

(b) after the definition of “prison minister” insert—

““psychoactive substance” has the same meaning as in the Psychoactive Substances Act 2016(3);”.

(3) In rule 50 (compulsory testing for controlled drugs)—

(a) in the title, after “controlled drugs” insert “, pharmacy medicines and other substances etc.”;

(b) in paragraph 1, after “controlled drug” insert “pharmacy medicine, prescription only medicine, psychoactive substance or specified substance”.

(4) In rule 51(9) (offences against discipline), after “controlled drug” insert “, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance”.

(5) In rule 51(24), after “controlled drug” insert “, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance”.

(6) In rule 52 (defences to rule 51(9))—

(a) in the words before paragraph (a), after “to show that” insert “the controlled drug, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance”;

(b) in paragraph (a)—

(i) omit “the controlled drug”;

(ii) after “supply of the drug” insert “, medicine or substance”;

(c) in paragraph (b)—

(i) omit “the controlled drug”;

(ii) after “such a drug” insert “, medicine or substance”;

(d) in paragraph (c) omit “the controlled drug”.

(1)

S.I. 1999/728, amended by S.I. 2018/960 and section 2(3) of the Prisons (Substance Testing) Act 2021 (c. 18); there are other amending instruments but none is relevant.

(2)

S.I. 2012/1916, to which there are amendments not relevant to these Rules.

(3)

2016 c. 2.