House of Commons Public Bill Committee Proceedings

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 23 June 2014
68

Deregulation Bill, continued

“Poisons and explosives precursors

Abolition of Poisons Board

2    (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

3
The Poisons Act 1972 is amended as follows.

4
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

Report Stage Proceedings: 23 June 2014
69

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).

Report Stage Proceedings: 23 June 2014
70

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.”

5
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.

Report Stage Proceedings: 23 June 2014
71

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.

Report Stage Proceedings: 23 June 2014
72

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.

Report Stage Proceedings: 23 June 2014
73

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.”

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.

(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—

Report Stage Proceedings: 23 June 2014
74

Deregulation Bill, continued

(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.

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



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