Approved Premises (Substance Testing) Act 2022 Substance testing of residents in approved premises 1 1 The Offender Management Act 2007 is amended as follows. 2 In section 13 (approved premises), in subsection (1), after “section” insert “and section 13A” . 3 After section 13 insert— Approved premises: substance testing 13A 1 Subsection (2) applies if— a the manager of any approved premises has given an authorisation that specifies when the power in that subsection may be exercised at those premises, and b that authorisation is in force. 2 A member of staff may, at the approved premises and in accordance with the authorisation given under subsection (1), require any resident of those premises to provide a sample of urine for the purpose of ascertaining whether the resident has in their body any— a controlled drug, b prescription only medicine, or c psychoactive substance. 3 The power in subsection (2) includes power to require a resident to provide a sample of any other description, except an intimate sample, whether instead of or in addition to a sample of urine. 4 The Secretary of State may use any residents’ samples to test, on an anonymised basis, for the prevalence of the following substances in approved premises— a controlled drugs, b medicinal products, or c psychoactive substances. 5 In giving, or deciding whether to give, an authorisation under subsection (1), the manager must have regard to any guidance regarding the giving of authorisations issued by the Secretary of State. 6 In exercising the power in subsection (2), a member of staff must have regard to any guidance regarding the exercise of that power issued by the Secretary of State. 7 In this section— “ approved premises ” has the meaning given by section 13(1); “ controlled drug ” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971 (see section 2 of that Act); “ intimate sample ” has the same meaning as in Part 5 of the Police and Criminal Evidence Act 1984 (see section 65 of that Act); “ medicinal product ” has the meaning given in regulation 2 of the Human Medicines Regulations 2012 ( S.I. 2012/1916 ); “ prescription only medicine ” has the meaning given in regulation 8 of the Human Medicines Regulations 2012 ( S.I. 2012/1916 ); “ psychoactive substance ” has the same meaning as in the Psychoactive Substances Act 2016 (see section 2 of that Act); “ resident ” means a person who lives in approved premises other than a member of staff; “ residents’ sample ” means any sample— provided under subsection (2) or (3), or provided voluntarily; “ the manager ” means, in relation to approved premises, the individual in general control over the management of the approved premises. 8 The Secretary of State may by regulations make such amendments of this section as the Secretary of State considers appropriate in consequence of— a the amendment or revocation of the Human Medicines Regulations 2012 ( S.I. 2012/1916 ), or b the making, amendment or revocation of any other subordinate legislation (whenever made) which relates to human medicines. 9 In subsection (8) “ subordinate legislation ” has the same meaning as in the Interpretation Act 1978. 4 In section 36 (orders and regulations), in subsection (3), after paragraph (a) insert— aa section 13A(8), . Extent, commencement and short title 2 1 This Act extends to England and Wales only. 2 This Act comes into force on such day as the Secretary of State may appoint by regulations made by statutory instrument. 3 This Act may be cited as the Approved Premises (Substance Testing) Act 2022.