SCHEDULES

SCHEDULE 5CONSEQUENTIAL AMENDMENTS

Armed Forces Act 2006

7

(1)

The Armed Forces Act 2006 is amended as follows.

(2)

In section 75 (power of service policeman to stop and search persons, vehicles etc)—

(a)

in subsection (1), after “controlled drugs” insert “ , psychoactive substances ”;

(b)

in subsection (2), for paragraphs (c) and (d) substitute—

“(c)

in the case of the search of a person, that—

(i)

the person is in possession of a controlled drug in circumstances in which he commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Misuse of Drugs Act 1971, or

(ii)

the person is in possession of a psychoactive substance in circumstances in which he commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Psychoactive Substances Act 2016; or

(d)

in the case of the search of a vehicle, that—

(i)

the search will reveal a controlled drug that is in a person's possession in the circumstances mentioned in paragraph (c)(i), or

(ii)

the search will reveal a psychoactive substance that is in a person's possession in the circumstances mentioned in paragraph (c)(ii).”;

(c)

in subsection (4), omit the “or” after paragraph (b) and after that paragraph insert—

“(ba)

evidence of an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Psychoactive Substances Act 2016; or”.

(3)

In section 76 (stop and search by persons other than service policemen), in subsection (1)(a), after “controlled drugs” insert “ , psychoactive substances ”.

(4)

In section 77 (definitions for purposes of sections 75 and 76), after subsection (4) insert—

“(4A)

Psychoactive substance” has the meaning given by section 2(1) of the Psychoactive Substances Act 2016.”