Schedule 1AA Transitional, savings, and related provisions

s 2AA

Schedule 1AA: inserted, on 7 December 2021, by section 12 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).

Part 1 Provisions relating to Drug and Substance Checking Legislation Act 2021

Schedule 1AA Part 1: inserted, on 7 December 2021, by section 12 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).

1 Interpretation

In this Part,—

existing service provider means a drug and substance checking service provider who—

(a)

was appointed under old section 35DA; and

(b)

still held the appointment immediately before old section 35DA was repealed

old section 35DA means section 35DA as it was immediately before its repeal

repeal, in relation to old section 35DA, means its repeal by section 16 of the Drug and Substance Checking Legislation Act 2020.

Schedule 1AA clause 1: inserted, on 7 December 2021, by section 12 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).

Issue of licences under clause 4 of Schedule 6

Heading: inserted, on 7 December 2021, by section 12 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).

2 When Director-General of Health may issue licences under clause 4 of Schedule 6

The Director-General of Health may not issue a licence under clause 4 of Schedule 6 until regulations made under section 37B come into force.

Schedule 1AA clause 2: inserted, on 7 December 2021, by section 12 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).

Continuation of current appointments

Heading: inserted, on 7 December 2021, by section 12 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).

3 Appointments of existing service providers continued

(1)

An existing service provider must be treated as still holding an appointment under old section 35DA for the period that—

(a)

starts immediately after the repeal of old section 35DA (regardless of whether that is on or before the commencement of the Drug and Substance Checking Legislation Act 2021); and

(b)

ends under clause 4 of this schedule.

(2)

For the purposes of subclause (1),—

(a)

this Act and the Psychoactive Substances Act 2013, as they were immediately before their amendment by subpart 2 of Part 1 and subpart 2 of Part 2 of the Drug and Substance Checking Legislation Act 2020, continue to apply in relation to the existing service provider; and

(b)

the terms and conditions of the existing service provider’s appointment are the same as those that applied immediately before that amendment.

(3)

Section 109(3A) of the Medicines Act 1981 applies to the existing service provider as if they held a licence issued under clause 4 of Schedule 6 (and the terms and conditions of their appointment were the conditions of their licence).

(4)

Subclause (1)—

(a)

applies despite any limit imposed on the duration of the appointment by the Director-General of Health before this clause comes into force; but

(b)

does not limit the Director-General’s authority to revoke the appointment after this clause comes into force.

Schedule 1AA clause 3: inserted, on 7 December 2021, by section 12 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).

4 When continued appointments end

(1)

An existing service provider’s appointment ends if they do not apply for a licence to be issued under clause 4 of Schedule 6 within 1 month after regulations made under section 37B come into force.

(2)

If an existing service provider applies for a licence before the deadline under subclause (1), their appointment ends when—

(a)

the Director-General of Health issues the existing service provider a licence under clause 4 of Schedule 6; or

(b)

the Director-General of Health decides not to issue the existing service provider a licence under that clause and their right of review under clause 11 of Schedule 6 is exhausted.

Schedule 1AA clause 4: inserted, on 7 December 2021, by section 12 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).