Serious Crime Act 2015 (c. 9)

PART 4 U.K. Seizure and forfeiture of drug-cutting agents

Supplementary U.K.

65 Interpretation etc U.K.

(1) For the purposes of this Part, a substance is used as a “drug-cutting agent” if it is added to a controlled drug in connection with the unlawful supply or exportation of the drug.

(2) In this Part—

• “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971 (see section 2 of that Act);

• “enactment” includes—

  (a)

  an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

  (b)

  an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

  (c)

  an enactment contained in, or in an instrument made under, Northern Ireland legislation;

• “entitled”, in relation to a substance, is to be read in accordance with subsection (3);

• “police or customs officer” has the meaning given by section 52(2);

• “premises” includes any place and, in particular, includes—

  (a)

  any vehicle, vessel, aircraft or hovercraft;

  (b)

  any offshore installation within the meaning given by section 1 of the Mineral Workings (Offshore Installations) Act 1971;

  (c)

  any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;

  (d)

  any tent or movable structure;

• “search and seizure warrant” means a warrant under section 52;

• “supplying” includes distributing;

• “unlawful” means—

  (a)

  in relation to a supply, unlawful under section 4 of the Misuse of Drugs Act 1971;

  (b)

  in relation to an exportation, prohibited under section 3 of that Act.

(3) The persons “entitled” to a substance for the purposes of this Part are—

(a) the person from whom it was seized;

(b) (if different) any person to whom it belongs.

(4) Where a retrial is ordered on a person's appeal against conviction for an offence, a reference in this Part to the determination of the appeal is a reference to the conclusion of proceedings for the offence on retrial.

(5) In the application of this Part to Scotland, a reference to a magistrates' court or to a justice of the peace is to be read as a reference to a sheriff.

(6) An application to a sheriff for an order under section 60, 61, 63 or 64 must be made by summary application.

(7) In the application of this Part to Northern Ireland—

(a) a reference to a justice of the peace in section 52 is to be read as a reference to a lay magistrate;

(b) a reference to a magistrates' court or a justice of the peace in section 60, and any other reference to a magistrates' court, is to be read as a reference to a court of summary jurisdiction.

Commencement Information

I1 S. 65 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)