Section 11: Power to provide for exceptions to offences
Each of sections 4, 5, 7, 8 and 9 provides that those sections operate subject to this section. Where a person engages in any of the conduct prohibited by those sections for the purposes of an "exempted activity" listed in Schedule 2, no offence is committed. So, for example, a person who supplies a psychoactive substance to a body carrying out approved scientific research does not commit an offence under section 5(1). This exemption mechanism complements that provided for in Schedule 1. That Schedule excludes from the ambit of these offences psychoactive substances which either have legitimate everyday usages or are controlled through other legislation.
	Subsection (4) confers on the Secretary of State (in practice the Home Secretary) the power to specify further exceptions in Schedule 2 by regulations, subject to the affirmative procedure (subsection (7)). It also allows the Home Secretary to add or vary exceptions, and to remove exceptions that have been added by regulation. The Home Secretary cannot herself remove exempted activities that were not added by statutory instrument.
	Before exercising the regulation-making power, the Secretary of State is under a duty to consult the ACMD and such other persons as she considers appropriate (subsection (5)). Such other persons might, for example, include regulatory bodies or other relevant experts as well as persons likely to be affected by the proposed regulations.