Moved by
Lord Bates
95: Clause 47, page 26, line 35, leave out from beginning to first “the” in line 44 and insert—
“(3) If the court is satisfied that—
(a) the item is a psychoactive substance, and
(b) at the time of its seizure, the item was not being used for the purposes of, or in connection with, an exempted activity (see subsection (12)) carried on by a person entitled to the item,
the court must order the forfeiture of the item.
(4) If the item is not a psychoactive substance,”
96: Clause 47, page 27, line 3, leave out “body” and insert “person”
97: Clause 47, page 27, line 34, at end insert “an individual who is”
98: Clause 47, page 27, line 39, at end insert “an individual who is”
99: Clause 47, page 27, line 42, leave out subsection (12) and insert—
“(12) For the purposes of this section—
(a) an activity is an “exempted activity” in relation to a person if the carrying on of the activity by that person would not be an offence under this Act by virtue of regulations under section 10;
(b) the persons “entitled” to an item are—
(i) the person from whom it was seized;
(ii) (if different) any person to whom it belongs.”