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Psychoactive Substances Act 2016

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13Prohibition noticesU.K.

This section has no associated Explanatory Notes

(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.

Commencement Information

I1S. 13 in force at 26.5.2016 by S.I. 2016/553, reg. 2

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