Prisons (Substance Testing) Act 2021 Testing prisoners for psychoactive substances and other substances 1 1 Section 16A of the Prison Act 1952 (testing prisoners for drugs) is amended in accordance with this section. 2 In the title, after “drugs” insert “ , psychoactive substances and other substances ” . 3 In subsection (1), for “he has any drug in his body” substitute “the prisoner has in their body any— a controlled drug, b pharmacy medicine, c prescription only medicine, d psychoactive substance, or e specified substance”. 4 After subsection (2) insert— 2A The Secretary of State may use any prisoners' samples to test, on an anonymised basis, for the prevalence of the following substances in prisons— a controlled drugs, b medicinal products, c psychoactive substances, or d specified substances. 5 In subsection (3)— a in the definition of “drug”— i for “ “ drug ” means” substitute “ “ controlled drug ” means ” ; ii omit “or specified drug”; b after the definition of “intimate sample” insert— “ medicinal product ” has the meaning given in regulation 2 of the Human Medicines Regulations 2012; “ pharmacy medicine ” has the meaning given in regulation 8 of the Human Medicines Regulations 2012; “ prescription only medicine ” has the meaning given in regulation 8 of the Human Medicines Regulations 2012; ; c after the definition of “prison rules” insert— “prisoners' samples” means any sample— a provided under subsection (1) or (2), or b provided by prisoners voluntarily; “ psychoactive substance ” has the same meaning as in the Psychoactive Substances Act 2016; ; d in the definition of “specified drug”, for “ “ specified drug ” means” substitute “ “ specified substance ” means ” . Consequential amendments 2 1 In section 47 of the Prison Act 1952 (prison rules), in subsection (3A)— a omit “(which is not a controlled drug for the purposes of the Misuse of Drugs Act 1971)”; b after “this Act” insert ; but a substance or product may not be specified if it is— a a controlled drug, b a pharmacy medicine, c a prescription only medicine, or d a psychoactive substance within the meaning of section 16A . 2 In the Prison Act 1952— a in section 16A (testing prisoners for drugs), after subsection (3) insert— 4 The Secretary of State may, by regulations, make such amendments of this section or section 47 as the Secretary of State considers appropriate in consequence of— a the amendment or revocation of the Human Medicine Regulations 2012, or b the making, amendment or revocation of any other subordinate legislation (whenever made) which relates to human medicines. 5 In subsection (4) “ subordinate legislation ” has the same meaning as in the Interpretation Act 1978. ; b in section 52 (exercise of power to make regulations etc), after subsection (2B) insert— 2C A statutory instrument containing regulations under section 16A(4) shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament. 3 In the Prison Rules 1999— a in rule 2 (interpretation), in paragraph (1), omit the definition of “specified drug”; b in rule 50 (compulsory testing for controlled drugs or specified drugs)— i in the title, omit “or specified drugs”; ii in paragraph (1), omit “or specified drug”; c in rule 51 (offences against discipline), in paragraphs (9) and (24) omit “or specified drug”; d in rule 52 (defences to rule 51(9)), in sub-paragraphs (a), (b) and (c), omit “or specified drug”; e omit Schedule 2. 4 In the Young Offender Institution Rules 2000— a in rule 2 (interpretation), in paragraph (1), omit the definition of “specified drug”; b in rule 53 (compulsory testing for controlled drugs or specified drugs)— i in the title, omit “or specified drugs”; ii in paragraph (1), omit “or specified drug”; c in rule 55 (offences against discipline), in paragraphs (10) and (27) omit “or specified drug”; d in rule 56 (defences to rule 55(10)), in sub-paragraphs (a), (b) and (c), omit “or specified drug”; e omit Schedule 2. 5 The following instruments are revoked— a the Prison and Young Offender Institution (Amendment) Rules 2016 (S.I. 2016/583); b the Prison and Young Offender Institution (Amendment) (No. 2) Rules 2016 (S.I. 2016/945). 6 In the Prison and Young Offender Institution (Amendment) (No. 2) Rules 2018 (S.I. 2018/960)— a omit Rule 2(5) (insertion of Schedule 2 into the Prison Rules 1999); b omit Rule 3(5) (insertion of Schedule 2 into the Young Offender Institution Rules 2000); c omit the Schedule (which sets out the new Schedule 2 inserted in accordance with Rules 2(5) and 3(5)). 7 In the Prison and Young Offender Institution (Coronavirus, etc) (Amendment) (No. 3) Rules 2020 (S.I. 2020/1077)— a omit rule 2(3), and b omit rule 3(3). Final provisions 3 1 This Act may be cited as the Prisons (Substance Testing) Act 2021. 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 extends to England and Wales only.