Session 2014 - 15
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Other Bills before Parliament


 
 

Consideration of Bill: 23 June 2014                     

205

 

Deregulation Bill, continued

 
 

(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.

 

(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.


 
 

Consideration of Bill: 23 June 2014                     

206

 

Deregulation Bill, continued

 
 

(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.

 

(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.


 
 

Consideration of Bill: 23 June 2014                     

207

 

Deregulation Bill, continued

 
 

(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.

 

(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.”

 

6          

Omit section 4.

 

7          

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.


 
 

Consideration of Bill: 23 June 2014                     

208

 

Deregulation Bill, continued

 
 

(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—

 

(a)    

storage,

 

(b)    

use,

 

(c)    

maximum quantities,

 

(d)    

maximum levels of concentration, and

 

(e)    

reporting of disappearances or thefts.

 

(10)    

The Secretary of State may by regulations make provision about the

 

procedure for applying for and determining applications for the grant

 

or amendment of licences under this section, including provision as

 

to—

 

(a)    

who may make an application,

 

(b)    

the form and manner in which an application is to be made and

 

any documents or evidence that must accompany it,

 

(c)    

the amount and payment of any fees,

 

(d)    

the supply of any further information or document required to

 

determine an application,

 

(e)    

notice and publication of any decision about an application,

 

and

 

(f)    

the procedure for an internal review of any such decision.


 
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Revised 20 June 2014