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| | “Poisons and explosives precursors |
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| | Abolition of Poisons Board |
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| | 2 (1) | The Poisons Board is abolished. |
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| | (a) | in the Poisons Act 1972, omit section 1 and Schedule 1, and |
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| | (b) | in Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other |
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| | public bodies and offices: general), omit the entry for the Poisons |
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| | Establishment of common regulatory system |
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| | 3 | The Poisons Act 1972 is amended as follows. |
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| | 4 | For section 2 substitute— |
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| | “2 | Regulated substances and reportable substances |
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| | (1) | This section defines some key terms used in this Act. |
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| | (2) | “Regulated substance” means a regulated explosives precursor or |
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| | (3) | A “regulated explosives precursor”— |
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| | (a) | is a substance listed in Part 1 of Schedule 1A in a |
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| | concentration higher than the limit set out for that substance |
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| | (b) | includes a mixture or another substance in which a substance |
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| | listed in that Part is present in a concentration higher than the |
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| | | but, in each case, only if the substance or mixture is not excluded. |
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| | (4) | A “regulated poison”— |
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| | (a) | is a substance listed in Part 2 of Schedule 1A in a |
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| | concentration higher than the limit (if any) set out for that |
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| | substance in that Part, and |
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| | (b) | includes a mixture or another substance in which a substance |
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| | listed in that Part is present in a concentration higher than the |
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| | | but, in each case, only if the substance or mixture is not excluded. |
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| | (5) | “Reportable substance” means a reportable explosives precursor or a |
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| | (6) | A “reportable explosives precursor”— |
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| | (a) | is a substance listed in Part 3 of Schedule 1A, and |
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| | (b) | includes a mixture or another substance in which a substance |
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| | listed in that Part is present, |
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| | | but, in each case, only if the substance or mixture is not excluded. |
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| | (7) | A “reportable poison” is— |
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| | (a) | a substance listed in Part 4 of Schedule 1A in a concentration |
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| | higher than the limit (if any) set out for that substance in that |
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| | (b) | includes a mixture or another substance in which a substance |
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| | listed in that Part is present in a concentration higher than the |
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| | | but, in each case, only if the substance or mixture is not excluded. |
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| | (8) | For the purposes of this section, a substance or mixture is “excluded” |
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| | (b) | it is contained in a specific object. |
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| | (9) | A substance or mixture is “medicinal” if it is— |
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| | (a) | a medicinal product as defined by regulation 2 of the Human |
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| | Medicines Regulations 2012 (S.I. 2012/1916), |
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| | (b) | an investigational medicinal product as defined by regulation |
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| | 2 of the Medicines for Human Use (Clinical Trials) |
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| | Regulations 2004 (S.I. 2004/1031), |
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| | (c) | a substance to which Part 12 of the Human Medicines |
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| | Regulations 2012 or Part 6 of the Medicines for Human Use |
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| | (Clinical Trials) Regulations 2004 applies by virtue of an |
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| | order under section 104 or 105 of the Medicines Act 1968 |
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| | (whether applying subject to exceptions and modifications or |
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| | not and, in the case of an order under section 104, whether the |
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| | substance is referred to in the order as a substance or an |
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| | (d) | a veterinary medicinal product as defined by regulation 2 of |
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| | the Veterinary Medicines Regulations 2013 (S.I. 2013/2033). |
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| | (10) | A “specific object” is— |
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| | (a) | an object that, during production, is given a special shape, |
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| | surface or design that determines its function to a greater |
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| | degree than does its chemical composition, or |
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| | (b) | an article that contains explosive substances or an explosive |
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| | mixture of substances designed to produce heat, light, sound, |
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| | gas or smoke or a combination of such effects through self- |
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| | sustained exothermic chemical reactions, including— |
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| | (i) | pyrotechnic equipment falling within the scope of |
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| | Council Directive 96/98/EC on marine equipment, |
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| | (ii) | percussion caps intended specifically for toys falling |
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| | within the scope of Council Directive 88/378/EEC |
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| | concerning the safety of toys. |
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| | (11) | See also section 9B (which contains power to disapply requirements |
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| | of this Act in specified circumstances). |
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| | 2A | Power to amend Schedule 1A |
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| | (1) | The Secretary of State may by regulations— |
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| | (a) | amend Schedule 1A (whether to add, vary or remove a |
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| | substance or concentration limit or make any other change), |
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| | (b) | amend section 2 in consequence of any amendment made |
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| | (2) | The power in subsection (1) to add a concentration limit includes |
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| | power to add a concentration limit in any Part of Schedule 1A |
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| | (whether for an explosives precursor or a poison). |
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| | (3) | In determining the distribution of substances as between the various |
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| | Parts of Schedule 1A, regard must be had to the desirability of |
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| | restricting Parts 3 and 4 to substances that meet each of the following |
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| | (a) | they are in common use, or are likely to come into common |
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| | use, for purposes other than the treatment of human ailments, |
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| | (b) | it is reasonably necessary to include them in one of those Parts |
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| | if members of the general public are to have adequate |
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| | facilities for obtaining them.” |
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| | 5 | For section 3 substitute— |
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| | “3 | Activities prohibited without a licence |
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| | (1) | A member of the general public commits an offence if he or she does |
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| | anything listed in subsection (2) without having a licence, or a |
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| | recognised non-GB licence, to do that thing with respect to that |
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| | (a) | importing a regulated substance, |
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| | (b) | acquiring a regulated substance, |
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| | (c) | possessing a regulated substance, |
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| | (d) | using a regulated substance. |
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| | (3) | For the purposes of this section— |
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| | (a) | “acquiring” means taking into your possession, custody or |
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| | (b) | “importing” means bringing into Great Britain from a country |
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| | or territory outside the United Kingdom, |
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| | (c) | “member of the general public” means an individual who is |
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| | acting (alone or with others) for purposes not connected with |
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| | his or her trade, business or profession or the performance by |
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| | him or her of a public function, |
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| | (d) | “possessing” means having in your possession, custody or |
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| | (e) | “using” includes processing, formulating, storing, treating or |
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| | mixing, including in the production of an article. |
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| | (4) | A member of the general public does not commit an offence under |
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| | subsection (1) if the requirements of this section do not apply to his or |
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| | her case by virtue of regulations made under section 9B. |
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| | (5) | This section does not apply to the possession or use of a regulated |
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| | substance at any time before 3 March 2016. |
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| | 3A | Supply of regulated substances |
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| | (1) | A person commits an offence if the person supplies a regulated |
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| | substance to a member of the general public without first verifying that |
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| | the member of the general public has a licence, or a recognised non- |
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| | GB licence, to acquire, possess and use that substance. |
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| | (2) | In order to verify that someone has a licence or recognised non-GB |
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| | licence, it is sufficent for these purposes to— |
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| | (a) | inspect the person’s licence, and |
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| | (b) | inspect the form of identification specified in that licence. |
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| | (3) | A person commits an offence if the person supplies a regulated |
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| | substance to a member of the general public without first entering |
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| | details of the transaction (or causing details of the transaction to be |
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| | entered) in the licence, or recognised non-GB licence, of the member |
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| | (4) | A person commits an offence if the person supplies a regulated |
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| | substance to a member of the general public without first ensuring that |
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| | a warning label is affixed to the packaging in which the substance is |
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| | (5) | A “warning label” is a label clearly indicating that it is an offence for |
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| | members of the general public to acquire, possess or use the substance |
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| | in question without a licence (or recognised non-GB licence). |
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| | (6) | A person does not commit an offence under subsection (1), (3) or (4) |
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| | if the requirements of that subsection do not apply to the person’s case |
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| | by virtue of regulations made under section 9B. |
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| | (7) | Before 3 March 2016, subsections (1) and (5) have effect as if the |
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| | references to possession and use of the substance were omitted. |
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| | 3B | Supply of regulated poisons other than by pharmacists |
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| | (1) | A person commits an offence if the person supplies a regulated poison |
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| | to a member of the general public other than in the circumstances |
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| | described in subsection (2). |
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| | (2) | Those circumstances are— |
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| | (a) | the person is lawfully conducting a retail pharmacy business, |
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| | (b) | the supply is made on premises that are a registered pharmacy, |
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| | (c) | the supply is made by or under the supervision of a |
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| | (3) | A person commits an offence if the person supplies a regulated poison |
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| | to a member of the general public without complying with the record- |
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| | keeping requirements before delivering the poison. |
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| | (4) | The record-keeping requirements are— |
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| | (a) | the person must make an entry (or cause an entry to be made) |
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| | in a record to be kept by the person for the purposes of this |
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| | (i) | the date of the supply, |
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| | (ii) | the name and address of the member of the general |
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| | (iii) | the name and quantity of the regulated poison |
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| | (iv) | the purposes for which it is stated by the member of |
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| | the general public to be required, and |
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| | (b) | the person must ensure that the member of the general public |
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| | (5) | A person does not commit an offence under subsection (1) or (3) if the |
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| | requirements of that subsection do not apply to the person’s case by |
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| | virtue of regulations made under section 9B. |
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| | 3C | Reporting of suspicious transactions, disappearance and thefts |
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| | (1) | A supplier must report any relevant transaction that it makes or |
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| | proposes to make if the supplier has reasonable grounds for believing |
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| | the transaction to be suspicious. |
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| | (2) | A “relevant transaction” is a transaction involving the supply of a |
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| | regulated substance or a reportable substance to a customer, whether |
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| | an end user or a customer higher up the supply chain and whether a |
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| | business or a private customer. |
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| | (3) | A relevant transaction is “suspicious” if there are reasonable grounds |
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| | for suspecting that the substance in question— |
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| | (a) | if it is a regulated explosives precursor or reportable |
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| | explosives precursor, is intended for the illicit manufacture of |
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| | (b) | if it is a regulated poison or a reportable poison, is intended for |
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| | (4) | In deciding whether there are reasonable grounds for suspecting such |
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| | a thing, regard must be had to all the circumstances of the case, |
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| | including in particular where the prospective customer— |
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| | (a) | appears unclear about the intended use of the substance, |
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| | (b) | appears unfamiliar with the intended use of the substance or |
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| | cannot explain it plausibly, |
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| | (c) | intends to buy substances in quantities, combinations or |
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| | concentrations uncommon for private use, |
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| | (d) | is unwilling to provide proof of identity or place of residence, |
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| | (e) | insists on using unusual methods of payment, including large |
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| | (5) | A person carrying on a trade, business or profession that involves |
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| | regulated substances or reportable substances must report the |
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| | disappearance or theft of any such substances if the disappearance or |
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| | (a) | is from stocks in the person’s possession, custody or control |
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| | (6) | In deciding whether a disappearance or theft is significant, regard must |
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| | be had to whether the amount involved is unusual in all the |
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| | circumstances of the case. |
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| | (7) | A duty under this section to “report” something is a duty to give notice |
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| | of it to the Secretary of State in accordance with such requirements as |
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| | may be specified by the Secretary of State by regulations made under |
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| | (8) | A person who fails to comply with subsection (1) or (5) commits an |
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| | (9) | A person does not commit an offence under subsection (8) if the |
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| | requirements of subsection (1) or, as the case may be, (5) do not apply |
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| | to the person’s case by virtue of regulations made under section 9B.” |
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| | 7 | After that section insert— |
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| | (1) | The Secretary of State may grant a licence to a person on application |
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| | by that person in accordance with this section. |
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| | (2) | The licence may permit the person to do one or more of the things |
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| | listed in section 3(2) with respect to one or more of the regulated |
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| | (3) | The term for which a licence is granted must not exceed 3 years, but |
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| | (a) | a person’s right to apply for a further licence to take effect on |
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| | (b) | any power of the Secretary of State under the terms and |
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| | conditions of the licence to vary, suspend or revoke the |
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| | licence before expiry of that term. |
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| | (4) | The Secretary of State may charge applicants a fee for processing |
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| | applications for the grant or amendment of a licence or for the |
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| | replacement of any lost, damaged or stolen licence. |
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| | (5) | The amount of any fees to be charged under subsection (4) must be |
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| | specified in regulations made under subsection (10), and the amount |
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| | specified must not exceed the reasonable cost of processing such |
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| | (6) | In deciding whether to grant or amend a licence with respect to a |
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| | substance, the Secretary of State must have regard to all the |
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| | circumstances of the case, including in particular— |
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| | (a) | the use intended to be made of the substance, |
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| | (b) | the availability of alternative substances that would achieve |
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| | (c) | the proposed arrangements to ensure that the substance is kept |
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| | (d) | any danger to public safety or public order that may be caused |
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| | by possession of the substance, and |
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| | (e) | whether the applicant is a fit and proper person to possess the |
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| | (7) | But if there are reasonable grounds for doubting the legitimacy of the |
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| | use intended to be made of the substance or the intentions of the user |
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| | to use the substance for a legitimate purpose, the Secretary of State |
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| | must in any event refuse the application so far as it relates to that |
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| | (8) | A licence may be granted or amended subject to such terms and |
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| | conditions as may be specified in the licence. |
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| | (9) | Examples of terms and conditions that may be specified include, for |
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| | any substances with respect to which the licence is granted, terms and |
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| | (d) | maximum levels of concentration, and |
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| | (e) | reporting of disappearances or thefts. |
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| | (10) | The Secretary of State may by regulations make provision about the |
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| | procedure for applying for and determining applications for the grant |
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| | or amendment of licences under this section, including provision as |
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| | (a) | who may make an application, |
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| | (b) | the form and manner in which an application is to be made and |
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| | any documents or evidence that must accompany it, |
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| | (c) | the amount and payment of any fees, |
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| | (d) | the supply of any further information or document required to |
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| | determine an application, |
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| | (e) | notice and publication of any decision about an application, |
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| | (f) | the procedure for an internal review of any such decision. |
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| | 4B | Recognised non-GB licences |
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| | (1) | The Secretary of State must publish a list from time to time of |
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| | recognised member States (if there are any). |
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| | (2) | A member State is “recognised” for these purposes if licences granted |
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| | by the competent authority of that State in accordance with the |
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| | Precursors Regulation are recognised in the United Kingdom under |
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| | Article 7(6) of that Regulation. |
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| | (3) | References in this Act to a “recognised non-GB licence” are to— |
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| | (a) | a licence granted in accordance with the Precursors |
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| | Regulation by the competent authority of a member State that |
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| | is included in the list (or latest list) published under subsection |
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| | (b) | a licence granted under relevant Northern Ireland legislation. |
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| | (4) | “Relevant Northern Ireland legislation” means— |
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| | (a) | regulations made under the Explosives Act (Northern Ireland) |
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| | 1970 (c.10 (N.I.)) by virtue of the Explosives (Northern |
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| | Ireland) Order 1972 (S.I. 1972/730 (N.I. 3)), |
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| | (b) | any legislative instrument that implements the Precursors |
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| | Regulation in Northern Ireland, and |
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| | (c) | any legislative instrument that replaces or supersedes (with or |
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| | without modification) anything falling within paragraph (a) or |
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| | (a) | references to the Precursors Regulation are to Regulation |
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| | (EU) No 98/2013 of the European Parliament and of the |
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| | Council of 15 January 2013 on the marketing and use of |
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| | explosives precursors, and |
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| | (b) | references to a legislative instrument are to— |
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| | (i) | an Act or instrument made under an Act, or |
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