Session 2014 - 15
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153

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 17 June 2014

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

31-52, 53-55 and 141-147

 

Consideration of Bill


 

Deregulation Bill, As Amended


 

Chi Onwurah

 

Toby Perkins

 

Thomas Docherty

 

78

 

Page  10,  line  12,  leave out Clause 15

 

Tom Brake

 

Oliver Heald

 

NC24

 

To move the following Clause—

 

“Poisons and explosives precursors

 

Schedule (Poisons and explosives precursors) introduces a common system for

 

regulating the possession etc of non-medicinal poisons and explosives

 

precursors.”

 

Member’s explanatory statement

 

This amendment introduces the new Schedule inserted by new schedule NS2. This abolishes the

 

statutory requirement for a Poisons Board under the Poisons Act 1972 and introduces a common

 

licensing regime for poisons and explosives precursors in order to streamline the regimes

 

established under the Poisons Act 1972 and under EU Regulation 98/2013 (on the marketing and

 

use of explosives precursors).

 

Tom Brake

 

Oliver Heald

 

NS2

 

To move the following Schedule—


 
 

Notices of Amendments: 17 June 2014                     

154

 

Deregulation Bill, continued

 
 

“Poisons and explosives precursors

 

Abolition of Poisons Board

 

1    (1)  

The Poisons Board is abolished.

 

      (2)  

As a result—

 

(a)    

in the Poisons Act 1972, omit section 1 and Schedule 1, and

 

(b)    

in Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other

 

public bodies and offices: general), omit the entry for the Poisons

 

Board.

 

Establishment of common regulatory system

 

2          

The Poisons Act 1972 is amended as follows.

 

3          

For section 2 substitute—

 

“2      

Regulated substances and reportable substances

 

(1)    

This section defines some key terms used in this Act.

 

(2)    

“Regulated substance” means a regulated explosives precursor or

 

regulated poison.

 

(3)    

A “regulated explosives precursor”—

 

(a)    

is a substance listed in Part 1 of Schedule 1A in a

 

concentration higher than the limit set out for that substance

 

in that Part, and

 

(b)    

includes a mixture or another substance in which a substance

 

listed in that Part is present in a concentration higher than the

 

relevant limit,

 

    

but, in each case, only if the substance or mixture is not excluded.

 

(4)    

A “regulated poison”—

 

(a)    

is a substance listed in Part 2 of Schedule 1A in a

 

concentration higher than the limit (if any) set out for that

 

substance in that Part, and

 

(b)    

includes a mixture or another substance in which a substance

 

listed in that Part is present in a concentration higher than the

 

relevant limit,

 

    

but, in each case, only if the substance or mixture is not excluded.

 

(5)    

“Reportable substance” means a reportable explosives precursor or a

 

reportable poison.

 

(6)    

A “reportable explosives precursor”—

 

(a)    

is a substance listed in Part 3 of Schedule 1A, and

 

(b)    

includes a mixture or another substance in which a substance

 

listed in that Part is present,

 

    

but, in each case, only if the substance or mixture is not excluded.

 

(7)    

A “reportable poison” is—

 

(a)    

a substance listed in Part 4 of Schedule 1A in a concentration

 

higher than the limit (if any) set out for that substance in that

 

Part, and


 
 

Notices of Amendments: 17 June 2014                     

155

 

Deregulation Bill, continued

 
 

(b)    

includes a mixture or another substance in which a substance

 

listed in that Part is present in a concentration higher than the

 

relevant limit,

 

    

but, in each case, only if the substance or mixture is not excluded.

 

(8)    

For the purposes of this section, a substance or mixture is “excluded”

 

if—

 

(a)    

it is medicinal, or

 

(b)    

it is contained in a specific object.

 

(9)    

A substance or mixture is “medicinal” if it is—

 

(a)    

a medicinal product as defined by regulation 2 of the Human

 

Medicines Regulations 2012 (S.I. 2012/1916),

 

(b)    

an investigational medicinal product as defined by regulation

 

2 of the Medicines for Human Use (Clinical Trials)

 

Regulations 2004 (S.I. 2004/1031),

 

(c)    

a substance to which Part 12 of the Human Medicines

 

Regulations 2012 or Part 6 of the Medicines for Human Use

 

(Clinical Trials) Regulations 2004 applies by virtue of an

 

order under section 104 or 105 of the Medicines Act 1968

 

(whether applying subject to exceptions and modifications or

 

not and, in the case of an order under section 104, whether the

 

substance is referred to in the order as a substance or an

 

article), or

 

(d)    

a veterinary medicinal product as defined by regulation 2 of

 

the Veterinary Medicines Regulations 2013 (S.I. 2013/2033).

 

(10)    

A “specific object” is—

 

(a)    

an object that, during production, is given a special shape,

 

surface or design that determines its function to a greater

 

degree than does its chemical composition, or

 

(b)    

an article that contains explosive substances or an explosive

 

mixture of substances designed to produce heat, light, sound,

 

gas or smoke or a combination of such effects through self-

 

sustained exothermic chemical reactions, including—

 

(i)    

pyrotechnic equipment falling within the scope of

 

Council Directive 96/98/EC on marine equipment,

 

and

 

(ii)    

percussion caps intended specifically for toys falling

 

within the scope of Council Directive 88/378/EEC

 

concerning the safety of toys.

 

(11)    

See also section 9B (which contains power to disapply requirements

 

of this Act in specified circumstances).

 

2A      

Power to amend Schedule 1A

 

(1)    

The Secretary of State may by regulations—

 

(a)    

amend Schedule 1A (whether to add, vary or remove a

 

substance or concentration limit or make any other change),

 

and

 

(b)    

amend section 2 in consequence of any amendment made

 

under paragraph (a).


 
 

Notices of Amendments: 17 June 2014                     

156

 

Deregulation Bill, continued

 
 

(2)    

The power in subsection (1) to add a concentration limit includes

 

power to add a concentration limit in any Part of Schedule 1A

 

(whether for an explosives precursor or a poison).

 

(3)    

In determining the distribution of substances as between the various

 

Parts of Schedule 1A, regard must be had to the desirability of

 

restricting Parts 3 and 4 to substances that meet each of the following

 

criteria—

 

(a)    

they are in common use, or are likely to come into common

 

use, for purposes other than the treatment of human ailments,

 

and

 

(b)    

it is reasonably necessary to include them in one of those Parts

 

if members of the general public are to have adequate

 

facilities for obtaining them.”

 

4          

For section 3 substitute—

 

“3      

Activities prohibited without a licence

 

(1)    

A member of the general public commits an offence if he or she does

 

anything listed in subsection (2) without having a licence, or a

 

recognised non-GB licence, to do that thing with respect to that

 

substance.

 

(2)    

The things are—

 

(a)    

importing a regulated substance,

 

(b)    

acquiring a regulated substance,

 

(c)    

possessing a regulated substance,

 

(d)    

using a regulated substance.

 

(3)    

For the purposes of this section—

 

(a)    

“acquiring” means taking into your possession, custody or

 

control,

 

(b)    

“importing” means bringing into Great Britain from a country

 

or territory outside the United Kingdom,

 

(c)    

“member of the general public” means an individual who is

 

acting (alone or with others) for purposes not connected with

 

his or her trade, business or profession or the performance by

 

him or her of a public function,

 

(d)    

“possessing” means having in your possession, custody or

 

control, and

 

(e)    

“using” includes processing, formulating, storing, treating or

 

mixing, including in the production of an article.

 

(4)    

A member of the general public does not commit an offence under

 

subsection (1) if the requirements of this section do not apply to his or

 

her case by virtue of regulations made under section 9B.

 

(5)    

This section does not apply to the possession or use of a regulated

 

substance at any time before 3 March 2016.

 

3A      

Supply of regulated substances

 

(1)    

A person commits an offence if the person supplies a regulated

 

substance to a member of the general public without first verifying that

 

the member of the general public has a licence, or a recognised non-

 

GB licence, to acquire, possess and use that substance.


 
 

Notices of Amendments: 17 June 2014                     

157

 

Deregulation Bill, continued

 
 

(2)    

In order to verify that someone has a licence or recognised non-GB

 

licence, it is sufficent for these purposes to—

 

(a)    

inspect the person’s licence, and

 

(b)    

inspect the form of identification specified in that licence.

 

(3)    

A person commits an offence if the person supplies a regulated

 

substance to a member of the general public without first entering

 

details of the transaction (or causing details of the transaction to be

 

entered) in the licence, or recognised non-GB licence, of the member

 

of the general public.

 

(4)    

A person commits an offence if the person supplies a regulated

 

substance to a member of the general public without first ensuring that

 

a warning label is affixed to the packaging in which the substance is

 

supplied.

 

(5)    

A “warning label” is a label clearly indicating that it is an offence for

 

members of the general public to acquire, possess or use the substance

 

in question without a licence (or recognised non-GB licence).

 

(6)    

A person does not commit an offence under subsection (1), (3) or (4)

 

if the requirements of that subsection do not apply to the person’s case

 

by virtue of regulations made under section 9B.

 

(7)    

Before 3 March 2016, subsections (1) and (5) have effect as if the

 

references to possession and use of the substance were omitted.

 

3B      

Supply of regulated poisons other than by pharmacists

 

(1)    

A person commits an offence if the person supplies a regulated poison

 

to a member of the general public other than in the circumstances

 

described in subsection (2).

 

(2)    

Those circumstances are—

 

(a)    

the person is lawfully conducting a retail pharmacy business,

 

(b)    

the supply is made on premises that are a registered pharmacy,

 

and

 

(c)    

the supply is made by or under the supervision of a

 

pharmacist.

 

(3)    

A person commits an offence if the person supplies a regulated poison

 

to a member of the general public without complying with the record-

 

keeping requirements before delivering the poison.

 

(4)    

The record-keeping requirements are—

 

(a)    

the person must make an entry (or cause an entry to be made)

 

in a record to be kept by the person for the purposes of this

 

subsection stating—

 

(i)    

the date of the supply,

 

(ii)    

the name and address of the member of the general

 

public,

 

(iii)    

the name and quantity of the regulated poison

 

supplied, and

 

(iv)    

the purposes for which it is stated by the member of

 

the general public to be required, and

 

(b)    

the person must ensure that the member of the general public

 

signs the entry.


 
 

Notices of Amendments: 17 June 2014                     

158

 

Deregulation Bill, continued

 
 

(5)    

A person does not commit an offence under subsection (1) or (3) if the

 

requirements of that subsection do not apply to the person’s case by

 

virtue of regulations made under section 9B.

 

3C      

Reporting of suspicious transactions, disappearance and thefts

 

(1)    

A supplier must report any relevant transaction that it makes or

 

proposes to make if the supplier has reasonable grounds for believing

 

the transaction to be suspicious.

 

(2)    

A “relevant transaction” is a transaction involving the supply of a

 

regulated substance or a reportable substance to a customer, whether

 

an end user or a customer higher up the supply chain and whether a

 

business or a private customer.

 

(3)    

A relevant transaction is “suspicious” if there are reasonable grounds

 

for suspecting that the substance in question—

 

(a)    

if it is a regulated explosives precursor or reportable

 

explosives precursor, is intended for the illicit manufacture of

 

explosives, or

 

(b)    

if it is a regulated poison or a reportable poison, is intended for

 

any illicit use.

 

(4)    

In deciding whether there are reasonable grounds for suspecting such

 

a thing, regard must be had to all the circumstances of the case,

 

including in particular where the prospective customer—

 

(a)    

appears unclear about the intended use of the substance,

 

(b)    

appears unfamiliar with the intended use of the substance or

 

cannot explain it plausibly,

 

(c)    

intends to buy substances in quantities, combinations or

 

concentrations uncommon for private use,

 

(d)    

is unwilling to provide proof of identity or place of residence,

 

or

 

(e)    

insists on using unusual methods of payment, including large

 

amounts of cash.

 

(5)    

A person carrying on a trade, business or profession that involves

 

regulated substances or reportable substances must report the

 

disappearance or theft of any such substances if the disappearance or

 

theft—

 

(a)    

is from stocks in the person’s possession, custody or control

 

in Great Britain, and

 

(b)    

is significant.

 

(6)    

In deciding whether a disappearance or theft is significant, regard must

 

be had to whether the amount involved is unusual in all the

 

circumstances of the case.

 

(7)    

A duty under this section to “report” something is a duty to give notice

 

of it to the Secretary of State in accordance with such requirements as

 

may be specified by the Secretary of State by regulations made under

 

this subsection.

 

(8)    

A person who fails to comply with subsection (1) or (5) commits an

 

offence.


 
 

Notices of Amendments: 17 June 2014                     

159

 

Deregulation Bill, continued

 
 

(9)    

A person does not commit an offence under subsection (8) if the

 

requirements of subsection (1) or, as the case may be, (5) do not apply

 

to the person’s case by virtue of regulations made under section 9B.”

 

5          

Omit section 4.

 

6          

After that section insert—

 

“4A    

Licences

 

(1)    

The Secretary of State may grant a licence to a person on application

 

by that person in accordance with this section.

 

(2)    

The licence may permit the person to do one or more of the things

 

listed in section 3(2) with respect to one or more of the regulated

 

substances.

 

(3)    

The term for which a licence is granted must not exceed 3 years, but

 

this does not affect—

 

(a)    

a person’s right to apply for a further licence to take effect on

 

expiry of that term, nor

 

(b)    

any power of the Secretary of State under the terms and

 

conditions of the licence to vary, suspend or revoke the

 

licence before expiry of that term.

 

(4)    

The Secretary of State may charge applicants a fee for processing

 

applications for the grant or amendment of a licence or for the

 

replacement of any lost, damaged or stolen licence.

 

(5)    

The amount of any fees to be charged under subsection (4) must be

 

specified in regulations made under subsection (10), and the amount

 

specified must not exceed the reasonable cost of processing such

 

applications.

 

(6)    

In deciding whether to grant or amend a licence with respect to a

 

substance, the Secretary of State must have regard to all the

 

circumstances of the case, including in particular—

 

(a)    

the use intended to be made of the substance,

 

(b)    

the availability of alternative substances that would achieve

 

the same purpose,

 

(c)    

the proposed arrangements to ensure that the substance is kept

 

securely,

 

(d)    

any danger to public safety or public order that may be caused

 

by possession of the substance, and

 

(e)    

whether the applicant is a fit and proper person to possess the

 

substance.

 

(7)    

But if there are reasonable grounds for doubting the legitimacy of the

 

use intended to be made of the substance or the intentions of the user

 

to use the substance for a legitimate purpose, the Secretary of State

 

must in any event refuse the application so far as it relates to that

 

substance.

 

(8)    

A licence may be granted or amended subject to such terms and

 

conditions as may be specified in the licence.

 

(9)    

Examples of terms and conditions that may be specified include, for

 

any substances with respect to which the licence is granted, terms and

 

conditions about—


 
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