Session 2014 - 15
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Other Bills before Parliament


 
 

Consideration of Bill: 23 June 2014                     

209

 

Deregulation Bill, continued

 
 

4B      

Recognised non-GB licences

 

(1)    

The Secretary of State must publish a list from time to time of

 

recognised member States (if there are any).

 

(2)    

A member State is “recognised” for these purposes if licences granted

 

by the competent authority of that State in accordance with the

 

Precursors Regulation are recognised in the United Kingdom under

 

Article 7(6) of that Regulation.

 

(3)    

References in this Act to a “recognised non-GB licence” are to—

 

(a)    

a licence granted in accordance with the Precursors

 

Regulation by the competent authority of a member State that

 

is included in the list (or latest list) published under subsection

 

(1), or

 

(b)    

a licence granted under relevant Northern Ireland legislation.

 

(4)    

“Relevant Northern Ireland legislation” means—

 

(a)    

regulations made under the Explosives Act (Northern Ireland)

 

1970 (c.10 (N.I.)) by virtue of the Explosives (Northern

 

Ireland) Order 1972 (S.I. 1972/730 (N.I. 3)),

 

(b)    

any legislative instrument that implements the Precursors

 

Regulation in Northern Ireland, and

 

(c)    

any legislative instrument that replaces or supersedes (with or

 

without modification) anything falling within paragraph (a) or

 

(b) or this paragraph.

 

(5)    

In this section—

 

(a)    

references to the Precursors Regulation are to Regulation

 

(EU) No 98/2013 of the European Parliament and of the

 

Council of 15 January 2013 on the marketing and use of

 

explosives precursors, and

 

(b)    

references to a legislative instrument are to—

 

(i)    

an Act or instrument made under an Act, or

 

(ii)    

any Northern Ireland legislation or instrument made

 

under Northern Ireland legislation.”

 

8          

Omit sections 5 and 6.

 

9          

For section 7 substitute—

 

“7      

Regulations about poisons and explosives precursors

 

(1)    

The Secretary of State may make provision by regulations about—

 

(a)    

the importation, supply, acquisition, possession or use of

 

substances by or to any person or class of person,

 

(b)    

the storage, transportation and labelling of substances,

 

(c)    

the containers in which substances may be supplied,

 

(d)    

the addition to substances of specified ingredients for the

 

purpose of rendering them readily distinguishable as such,

 

(e)    

the compounding of substances, and the supply of substances

 

on and in accordance with a prescription duly given by a

 

doctor, a dentist, a veterinary surgeon or a veterinary

 

practitioner, or

 

(f)    

the period for which any records required to be kept for the

 

purposes of this Act are to be preserved.


 
 

Consideration of Bill: 23 June 2014                     

210

 

Deregulation Bill, continued

 
 

(2)    

A person who contravenes or fails to comply with any regulations

 

made under this section commits an offence.

 

(3)    

A person does not commit an offence under subsection (2) if the

 

requirements of the regulation in question do not apply to the person’s

 

case by virtue of regulations made under section 9B.

 

(4)    

References in this section to “substances” are to regulated substances

 

and reportable substances.”

 

10         

After section 7 insert—

 

“7A    

Proof of lack of knowledge

 

(1)    

This section applies to the following offences—

 

(a)    

an offence under section 3(1),

 

(b)    

an offence under section 3A(1), (3) or (4),

 

(c)    

an offence under section 3B(1) or (3).

 

(2)    

In any proceedings for an offence to which this section applies, it is a

 

defence for the accused to prove that the accused neither knew of nor

 

suspected nor had reason to suspect the existence of some fact alleged

 

by the prosecution that it is necessary for the prosecution to prove if

 

the accused is to be convicted of the offence charged.

 

(3)    

This is subject to subsection (5).

 

(4)    

Subsection (5) applies where, in any proceedings for an offence to

 

which this section applies—

 

(a)    

it is necessary, if the accused is to be convicted of the offence

 

charged, for the prosecution to prove that some substance or

 

mixture involved in the alleged offence was the regulated

 

substance that the prosecution allege it to have been, and

 

(b)    

it is proved that the substance or mixture in question was that

 

regulated substance.

 

(5)    

Where this subsection applies—

 

(a)    

the accused must not be acquitted of the offence charged by

 

reason only of proving that the accused neither knew nor

 

suspected nor had reason to suspect that the substance or

 

mixture was the particular regulated substance alleged, but

 

(b)    

the accused must be acquitted of the offence charged if—

 

(i)    

the accused proves that the accused neither believed

 

nor suspected nor had reason to suspect that the

 

substance or mixture was a regulated substance, or

 

(ii)    

the accused proves that the accused believed the

 

substance or mixture to be a regulated substance such

 

that, if it had in fact been that regulated substance, the

 

accused would not at the material time have been

 

committing any offence to which this section applies.

 

(6)    

Nothing in this section affects any defence that it is open to a person

 

accused of an offence to which this section applies to raise apart from

 

this section.”

 

11         

For section 8 substitute—


 
 

Consideration of Bill: 23 June 2014                     

211

 

Deregulation Bill, continued

 
 

“8      

Penalties

 

“(1)    

A person guilty of an offence under section 3(1), 3A(1) or 3B(1) is

 

liable—

 

(a)    

on conviction on indictment, to imprisonment for a term not

 

exceeding 2 years or a fine (or both);

 

(b)    

on summary conviction—

 

(i)    

in England and Wales, to imprisonment for a term not

 

exceeding 3 months or to a fine (or both),

 

(ii)    

in Scotland, to imprisonment for a term not exceeding

 

3 months or to a fine not exceeding level 5 on the

 

standard scale (or both).

 

(2)    

A person guilty of an offence under section 3A(3) or (4) is liable on

 

summary conviction to a fine not exceeding level 2 on the standard

 

scale.

 

(3)    

A person guilty of an offence under section 3B(3) is liable on summary

 

conviction to a fine not exceeding level 4 on the standard scale.

 

(4)    

A person guilty of an offence under section 3C(8) is liable on summary

 

conviction—

 

(a)    

in England and Wales, to imprisonment for a term not

 

exceeding 3 months or to a fine (or both).

 

(b)    

in Scotland, to imprisonment for a term not exceeding 3

 

months or to a fine not exceeding level 5 on the standard scale

 

(or both).

 

(5)    

A person guilty of an offence under section 7(2) is liable on summary

 

conviction—

 

(a)    

to a fine not exceeding level 4 on the standard scale, and

 

(b)    

in the case of a continuing offence, to a further fine not

 

exceeding one-tenth of level 4 on the standard scale for every

 

day subsequent to the day on which the person is convicted of

 

the offence during which the contravention or default

 

continues.

 

(6)    

In the case of proceedings against a person for an offence under

 

section 3A, 3B or 3C, or an offence under section 7(2) in connection

 

with the supply of a regulated substance or a reportable substance,

 

where the act in question was done by an employee—

 

(a)    

it is not a defence that the employee acted without the

 

authority of the employer, and

 

(b)    

any material fact known to the employee is deemed to have

 

been known to the employer.

 

(7)    

Notwithstanding any provision in any Act, or Act of the Scottish

 

Parliament, prescribing the period within which summary proceedings

 

may be commenced, proceedings for an offence under this Act may be

 

commenced at any time—

 

(a)    

within the period of 12 months next after the date of

 

commission of the offence, or

 

(b)    

in the case of proceedings instituted by, or by the direction of,

 

the Secretary of State, within the later to end of—

 

(i)    

that 12-month period, and


 
 

Consideration of Bill: 23 June 2014                     

212

 

Deregulation Bill, continued

 
 

(ii)    

the period of 3 months next after the date on which

 

evidence sufficient in the Secretary of State’s opinion

 

to justify a prosecution for the offence comes to the

 

Secretary of State’s knowledge.

 

(8)    

For the purposes of subsection (7)(b)(ii), a certificate purporting to be

 

signed by the Secretary of State as to the date on which such evidence

 

came to the Secretary of State’s knowledge is to be conclusive

 

evidence of that fact.

 

(9)    

A document purporting to be a certificate signed by a person specified

 

in subsection (10) stating the result of an analysis made by that person

 

is admissible in any proceedings under this Act as evidence of the

 

matters stated in the certificate, but either party may require the person

 

to be called as a witness.

 

(10)    

The persons are—

 

(a)    

a public analyst appointed under section 27 of the Food Safety

 

Act 1990, or

 

(b)    

a person appointed by the Secretary of State to make analyses

 

for the purposes of this Act.

 

(11)    

In the application of this section to Scotland, subsections (7) and (8)

 

have effect as if the references to the Secretary of State were

 

references to the Lord Advocate.

 

8A      

Offences by bodies corporate etc

 

(1)    

If an offence under this Act is committed by a body corporate and is

 

proved to have been committed with the consent or connivance of, or

 

to be attributable to any neglect on the part of—

 

(a)    

a director, manager, secretary or other similar officer of the

 

body corporate, or

 

(b)    

any person who was purporting to act in any such capacity,

 

    

that person, as well as the body corporate, is guilty of the offence and

 

liable to be proceeded against and punished accordingly.

 

(2)    

The reference in subsection (1) to a director, in relation to a body

 

corporate whose affairs are managed by its members, is a reference to

 

a member of the body corporate.

 

(3)    

If an offence under this Act is committed by a Scottish partnership and

 

is proved to have been committed with the consent or connivance of,

 

or to be attributable to any neglect on the part of—

 

(a)    

a partner, or

 

(b)    

any person who was purporting to act in that capacity,

 

    

that person, as well as the partnership, is guilty of the offence and

 

liable to be proceeded against and punished accordingly.”

 

12  (1)  

Section 9 (inspection and enforcement) is amended as follows.

 

      (2)  

For subsection (4) substitute—

 

“(4)    

An inspector appointed by the General Pharmaceutical Council under

 

article 8(1) of the Pharmacy Order 2010 may at all reasonable times—

 

(a)    

enter any registered pharmacy to ascertain whether an offence

 

under section 3A, 3B, 3C or 7(2) has been committed by a

 

pharmacist or a person carrying on a retail pharmacy business;


 
 

Consideration of Bill: 23 June 2014                     

213

 

Deregulation Bill, continued

 
 

(b)    

enter any suspicious premises to ascertain whether either of

 

the following offences has been committed—

 

(i)    

an offence under section 3B, or

 

(ii)    

an offence under section 7(2) in relation to

 

contravention of any regulations that relate solely to

 

regulated poisons.

 

(4A)    

“Suspicious premises” are premises in which the inspector has

 

reasonable cause to suspect that an offence mentioned in subsection

 

(4)(b) has been committed.

 

(4B)    

An inspector appointed by the General Pharmaceutical Council under

 

article 8(1) of the Pharmacy Order 2010 may also make such

 

examination and inquiry and do such other things (including the

 

taking, on payment, of samples) as may be necessary for ascertaining

 

any of the things mentioned in subsection (4)(a) and (b).”

 

      (3)  

Omit subsections (5) to (7).

 

13         

After section 9 insert—

 

“9A    

Application of PACE powers

 

    

As regards England and Wales, sections 8, 17 and 18 of the Police and

 

Criminal Evidence Act 1984 (powers of entry and search) apply in

 

relation to an offence under section 3A(3) or (4), 3B(3), 3C(8) or 7(2)

 

of this Act as in relation to an indictable offence.”

 

14         

After section 9A (inserted by paragraph 12) insert—

 

“9B    

Power to disapply requirements or exclusions in specified

 

circumstances

 

(1)    

The Secretary of State may by regulations provide—

 

(a)    

that some or all of the requirements of this Act do not apply in

 

circumstances specified in the regulations;

 

(b)    

that either or both of the exclusions do not apply in

 

circumstances specified in the regulations.

 

(2)    

The power in subsection (1) may be exercised in relation to a

 

substance or group of substances, in relation to persons or a class of

 

persons or in any other way.

 

(3)    

When exercising the power in relation to a substance or group of

 

substances, the regulations may for example provide that the

 

requirements or exclusions in question do not apply to the substance,

 

or substances in the group, where the substance—

 

(a)    

is intended for use for a specified purpose, or

 

(b)    

is contained in a specified substance, mixture or article, or

 

(c)    

is prepared in a specified manner or form, or

 

(d)    

is so intended, contained or prepared and is present in a

 

concentration that is no higher than a specified limit.

 

(4)    

Nothing in subsection (2) or (3) is to be read as limiting the provision

 

that may be made under subsection (1).

 

(5)    

In this section—

 

(a)    

“the exclusions” means the exclusions in section 2 for

 

substances that are medicinal or contained in a specific object,


 
 

Consideration of Bill: 23 June 2014                     

214

 

Deregulation Bill, continued

 
 

(b)    

“the requirements of this Act” means the requirements of

 

section 3, 3A, 3B or 3C or of regulations under section 7,

 

(c)    

“specified” includes described,

 

(d)    

references to a substance also include a mixture, and

 

(e)    

references to a group of substances includes a group

 

comprising all the substances listed in Schedule 1A.”

 

15         

For section 10 substitute—

 

“10    

Regulations

 

(1)    

Any power to make regulations under this Act includes power—

 

(a)    

to make different provision for different purposes,

 

(b)    

to make incidental or supplemental provision, and

 

(c)    

to make transitional, transitory or saving provision.

 

(2)    

Any power to make regulations under this Act is exercisable by

 

statutory instrument.

 

(3)    

An instrument containing regulations under this Act is subject to

 

annulment in pursuance of a resolution of either House of Parliament.”

 

16  (1)  

Section 11 (interpretation) is amended as follows.

 

      (2)  

Omit subsection (1).

 

      (3)  

In subsection (2), omit the definitions of—

 

“the board”

 

“local authority’s list”

 

“Poisons Rules”

 

“prescribed”

 

“sale by way of wholesale dealing”.

 

      (4)  

In that subsection, insert the following definitions in the appropriate place

 

alphabetically—

 

““Great Britain” includes the territorial sea of the United Kingdom other

 

than the part adjacent to Northern Ireland;”,

 

““licence” (other than in the expression “recognised non-GB licence” and

 

in section 4B) means a licence granted under section 4A;”,

 

““member of the general public” has the meaning given in section 3;”,

 

““mixture” means a mixture or solution composed of two or more

 

substances;”,

 

““recognised non-GB licence” has the meaning given in section 4B;”,

 

““regulated substance”, “regulated explosives precursor” and “regulated

 

poison” have the meanings given in section 2;”,

 

““reportable substance”, “reportable explosives precursor” and “reportable

 

poison” have the meanings given in section 2;”, and

 

““substance” means a chemical element and its compounds in the natural

 

state or obtained by any manufacturing process—

 

(a)    

including any additive necessary to preserve its stability and any

 

impurity deriving from the process used, but

 

(b)    

excluding any solvent that may be separated without affecting

 

the stability of the substance or changing its composition;”.

 

      (5)  

In that subsection, in the definition of “retail pharmacy business”, for “section

 

132(1) of the Medicines Act 1968” substitute “regulation 8 of the Human

 

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

 

      (6)  

After subsection (2) insert—


 
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