House of Commons Public Bill Committee Proceedings

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 23 June 2014
75

Deregulation Bill, continued

(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.

(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—

Report Stage Proceedings: 23 June 2014
76

Deregulation Bill, continued

(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—

“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.

Report Stage Proceedings: 23 June 2014
77

Deregulation Bill, continued

(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

(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.

Report Stage Proceedings: 23 June 2014
78

Deregulation Bill, continued

(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;

(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.

Report Stage Proceedings: 23 June 2014
79

Deregulation Bill, continued

(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,

(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;”,

Report Stage Proceedings: 23 June 2014
80

Deregulation Bill, continued

““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—

“(3)
In relation to a regulated substance or a reportable substance, any

reference to the substance is a reference to the substance or the

mixture, as the case may be.

(4)
References in this Act to supplying something—

(a)
include any kind of supply or making available, whether in

return for payment or free of charge, but

(b)
do not include supply involving export to a person outside the

United Kingdom.”

17
After Schedule 1 (which is omitted by paragraph 1 of this Schedule) insert—

“Schedule 1A

Regulated substances and reportable substances

Part 1

Regulated explosives precursors

Name of substance and Chemical Abstracts Service
Concentration limit

Registry number (CAS RN)
(weight in weight)

Hydrogen peroxide (CAS RN 7722-84-1)
12% w/w

Nitromethane (CAS RN 75-52-5)
30% w/w

Nitric acid (CAS RN 7697-37-2)
3% w/w

Potassium chlorate (CAS RN 3811-04-9)
40% w/w

Potassium perchlorate (CAS RN 7778-74-7)
40% w/w

Sodium chlorate (CAS RN 7775-09-9)
40% w/w

Sodium perchlorate (CAS RN 7601-89-0)
40% w/w

Report Stage Proceedings: 23 June 2014
81

Deregulation Bill, continued

Part 2

Regulated poisons

Name of substance and Chemical Abstracts Service
Concentration limit

Registry number (CAS RN)
(weight in weight)

Aluminium phosphide (CAS RN 20859-73-8)
—

Arsenic (CAS RN 7440-38-2); its compounds, other
—

than those listed in Part 4 of this Schedule

Barium (CAS RN 7440-39-3), salts of, other than
—

barium sulphate (CAS RN 7727-43-7) and the salts

of barium listed in Part 4 of this Schedule)

Bromomethane (CAS RN 74-83-9)
—

Chloropicrin (CAS RN 76-06-2)
—

Fluoroacetic acid (CAS RN 144-49-0); its salts;
—

fluoroacetamide

Hydrogen cyanide (CAS RN 74-90-8); metal
—

cyanides, other than ferrocyanides and ferricyanides

Lead acetates (CAS RN 15347-57-6); compounds
—

of lead with acids from fixed oils

Magnesium phosphide (CAS RN 12057-74-8)
—

Mercury (CAS RN 7439-97-6), compounds of, the
—

following—

nitrates of mercury; oxides of mercury; mercuric

cyanide oxides; mercuric thio cyanate; ammonium

mercuric chlorides; potassium mercuric iodides;

organic compounds of mercury that contain a

methyl (CH3) group directly linked to the mercury

atom

Oxalic acid (CAS RN 144-62-7)
10% w/w

Phenols (phenol; phenolic isomers of the
60% w/w of phenols

following—cresols, xylenols, monoethylphenols);
or, for compounds of

compounds of phenols with a metal
phenols with a metal,

the equivalent of 60%

w/w of phenols

Phosphorus, yellow (CAS RN 7223-14-0)
—

Strychnine (CAS RN 57-24-9); its salts; its
—

quaternary compounds

Thallium (CAS RN 7440-28-0), salts of
—



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