As the ACMD is an independent Non-Departmental Public Body (NDPB), sponsored by the Home Office, the basis for publication of its reports is a matter for the ACMD.

As set out by the response to Written Answer HL767, the Advisory Council on the Misuse of Drugs (ACMD) marked the document titled “Interaction and relationship between the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016” “in confidence”. The document was not intended for publication and there are no plans to publish it. The portion that has been made public was made public under the terms of the Freedom of Information Act 2000 (“FOIA 2000”) and following the decision of the relevant tribunal (case reference EA/2021/0301).

The portion released under the FOIA 2000 recommended a review of the Working Protocol between the ACMD and the Home Office to take into account the functions of the ACMD under the Psychoactive Substances Act 2016 (“the 2016 Act”). The Working Protocol has not been revised since 2011 and is available at the following link: Working Protocol between the Home Secretary and the Advisory Council on the Misuse of Drugs - GOV.UK (www.gov.uk)

The Government intends to undertake a review in due course and if this results in a revised Working Protocol, the revised version will be published on gov.uk.

As set out by the response to Written Answer HL767, the Advisory Council on the Misuse of Drugs (ACMD) marked the document titled “Interaction and relationship between the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016” “in confidence”. The document was not intended for publication and there are no plans to publish it. The portion that has been made public was made public under the terms of the Freedom of Information Act 2000 (“FOIA 2000”) and following the decision of the relevant tribunal (case reference EA/2021/0301).

The portion released under the FOIA 2000 recommended a review of the Working Protocol between the ACMD and the Home Office to take into account the functions of the ACMD under the Psychoactive Substances Act 2016 (“the 2016 Act”). The Working Protocol has not been revised since 2011 and is available at the following link: Working Protocol between the Home Secretary and the Advisory Council on the Misuse of Drugs - GOV.UK (www.gov.uk)

The Government intends to undertake a review in due course and if this results in a revised Working Protocol, the revised version will be published on gov.uk.

The Psychoactive Substances Act 2016 (PSA) was designed to complement the Misuse of Drugs Act 1971 (MDA), by introducing civil sanctions and offences for those who produce, possess with intent to supply, supply, offer to supply and import or export new psychoactive substances which are not controlled under the MDA or which are not otherwise exempt. One of the important safeguards which the PSA provides is ensuring there are no gaps in law enforcement powers to tackle newly emerging harmful drugs. This is in the context that prior to 2016 criminal gangs were designing new psychoactive drugs with different chemical structures in order to evade MDA controls. Substances can be moved into the MDA following advice on their harms from the Advisory Council on the Misuse of Drugs (ACMD) and subject to the decisions of Ministers.

A review of the PSA published in 2018 found that there is no evidence that the PSA has adversely affected the process or timeliness with which substances can be controlled under the MDA, with substances continuing to be controlled after the Act was introduced. Review of the Psychoactive Substances Act 2016 (publishing.service.gov.uk). The government keeps all legislation under review, but has no plans to change either legislative regime substantially.

The report referred to as ‘Interaction and relationship between the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016’ was shared with the Home Office in confidence by the ACMD and is not a public document. One recommendation has been made public, concerning a review of the Working Protocol between the ACMD and the Home Office, which the government has agreed to undertake.

The Psychoactive Substances Act 2016 (PSA) was designed to complement the Misuse of Drugs Act 1971 (MDA), by introducing civil sanctions and offences for those who produce, possess with intent to supply, supply, offer to supply and import or export new psychoactive substances which are not controlled under the MDA or which are not otherwise exempt. One of the important safeguards which the PSA provides is ensuring there are no gaps in law enforcement powers to tackle newly emerging harmful drugs. This is in the context that prior to 2016 criminal gangs were designing new psychoactive drugs with different chemical structures in order to evade MDA controls. Substances can be moved into the MDA following advice on their harms from the Advisory Council on the Misuse of Drugs (ACMD) and subject to the decisions of Ministers.

A review of the PSA published in 2018 found that there is no evidence that the PSA has adversely affected the process or timeliness with which substances can be controlled under the MDA, with substances continuing to be controlled after the Act was introduced. Review of the Psychoactive Substances Act 2016 (publishing.service.gov.uk). The government keeps all legislation under review, but has no plans to change either legislative regime substantially.

The report referred to as ‘Interaction and relationship between the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016’ was shared with the Home Office in confidence by the ACMD and is not a public document. One recommendation has been made public, concerning a review of the Working Protocol between the ACMD and the Home Office, which the government has agreed to undertake.

The Ministry of Justice publishes information on the number of offenders convicted for various offences under the Psychoactive Substances Act 2016, including for the supply of a psychoactive substance, in the Outcomes by Offence data tool: December 2022.

However, it is not possible to disaggregate the supply of nitrous oxide from other psychoactive substances, as detail of exactly what substance is supplied is not held centrally in the Court Proceedings database.