Citation, commencement and extent

1. —(1) These Rules may be cited as the Prison and Young Offender Institution (Amendment) Rules 2021.

(2) These Rules extend to England and Wales.

(3) These Rules come into force immediately after the Prisons (Substance Testing) Act 2021( 2 ) comes into force.

Amendment of the Prison Rules 1999

2. —(1) The Prison Rules 1999( 3 ) are amended as follows.

(2) In rule 2(1) (interpretation)—

(a) after the definition of “officer” insert—

“ “ pharmacy medicine ” has the meaning given in regulation 8 of the Human Medicines Regulations 2012 ( 4 ) ;

“ prescription only medicine ” has the meaning as given in regulation 8 of the Human Medicines Regulations 2012; ” ;

(b) after the definition of “prison minister” insert—

“ “ psychoactive substance ” has the same meaning as in the Psychoactive Substances Act 2016 ( 5 ) ; ” .

(3) In rule 50 (compulsory testing for controlled drugs)—

(a) in the title, after “controlled drugs” insert “, pharmacy medicines and other substances etc.” ;

(b) in paragraph 1, after “controlled drug” insert “pharmacy medicine, prescription only medicine, psychoactive substance or specified substance” .

(4) In rule 51(9) (offences against discipline), after “controlled drug” insert “, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance” .

(5) In rule 51(24), after “controlled drug” insert “, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance” .

(6) In rule 52 (defences to rule 51(9))—

(a) in the words before paragraph (a), after “to show that” insert “the controlled drug, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance” ;

(b) in paragraph (a)—

(i) omit “the controlled drug”;

(ii) after “supply of the drug” insert “, medicine or substance” ;

(c) in paragraph (b)—

(i) omit “the controlled drug”;

(ii) after “such a drug” insert “, medicine or substance” ;

(d) in paragraph (c) omit “the controlled drug”.

Amendment of the Young Offender Institution Rules 2000

3. —(1) The Young Offender Institution Rules 2000( 6 ) are amended as follows.

(2) In rule 2 (interpretation), after the definition of “officer” insert—

“ “ 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 the Human Medicines Regulations 2012;

“ psychoactive substance ” has the same meaning as in the Psychoactive Substances Act 2016; ” .

(3) In rule 53 (compulsory testing for controlled drugs)—

(a) in the title, after “controlled drugs” insert “, pharmacy medicines and other substances etc.” ;

(b) in paragraph 1, after “controlled drug” insert “, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance” .

(4) In rule 55 (offences against discipline)—

(a) in paragraph 10, after “controlled drug” insert “, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance” ;

(b) in paragraph 27, after “controlled drug” insert “, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance” .

(5) In rule 56 (defences to rule 55(10))—

(a) in the words before paragraph (a), after “to show that” insert “the controlled drug, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance” ;

(b) in paragraph (a)—

(i) omit “the controlled drug”;

(ii) after “supply of the drug” insert “, medicine or substance” ;

(c) in paragraph (b)—

(i) omit “the controlled drug”;

(ii) after “such a drug” insert “, medicine or substance” ;

(d) in paragraph (c) omit “the controlled drug”.