Выступление Постоянного представителя Российской Федерации А.К.Лукашевича - В связи с избранием Казахстана в Совет Безопасности ООН

There shall continue to be an advisory committee, called the Poisons Board, which shall be constituted in accordance with the provisions of Schedule 1 to this Act.

The procedure of the Poisons Board shall (subject to any regulations made by the Board with the approval of the Secretary of State) be such as the Board may determine.

This section defines some key terms used in this Act.

“Regulated substance” means a regulated explosives precursor or regulated poison.

Subject to subsection (4), a “regulated explosives precursor”— but, in each case, only if the substance or mixture is not excluded.

but, in each case, only if the substance or mixture is not excluded.

A “regulated poison”— but, in each case, only if the substance or mixture is not excluded.

“Reportable substance” means a reportable explosives precursor or a reportable poison.

A “reportable explosives precursor”— but, in each case, only if the substance or mixture is not excluded.

A “reportable poison”— but, in each case, only if the substance or mixture is not excluded.

For the purposes of this section, a substance or mixture is “excluded” if—

A substance or mixture is “medicinal” if it is—

A “specific object” is—

See also section 9B (which contains power to disapply requirements of this Act in specified circumstances).

The Secretary of State may by regulations—

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).

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 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.

The things are—

For the purposes of this section—

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.

This section does not apply to the possession or use of a regulated substance at any time before 3 March 2016.

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.

In order to verify that someone has a licence or recognised non-GB licence, it is sufficient for these purposes to—

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.

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.

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).

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.

Before 3 March 2016, subsections (1) and (5) have effect as if the references to possession and use of the substance were omitted.

The Secretary of State may by regulations make provision modifying this section so far as it applies to any supplies that involve despatch of the substance to Northern Ireland or export of it from the United Kingdom.

Every local authority shall keep for the purposes of this Act a list of persons as being persons entitled, on premises in respect of which their names are entered in the list, to sell non-medicinal poisons which are substances included in Part II of the Poisons List.

Subject to the provisions of this Act, a local authority shall enter in the list kept by the authority under this section the name of any person who, having premises in the area of the authority, makes an application to the authority in the prescribed form to have his name entered in the list in respect of those premises.

A local authority may refuse to enter in, or may remove from, the list kept by the authority under this section the name of any person who fails to pay the prescribed fees, or who in the opinion of the authority is, for any sufficient reason relating either to him personally or to his premises, not fit to be on the list.

If any person is aggrieved by the refusal of a local authority to enter his name in the list kept by the authority under this section or by the removal under this section of his name from the list, he may appeal against the refusal or removal to the Crown Court.

In this section, " relating to him personally " means, in relation to a body corporate, relating personally to the members of the board, or to the managers or other officers of the body corporate.

In the application of this section to Scotland—

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).

Those circumstances are—

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.

The record-keeping requirements are—

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.

A local authority's list shall—

A person whose name is entered in a local authority's list shall pay to the local authority such fees as may be prescribed in respect of—

If any person whose name is entered in a local authority's list is convicted before any court of any offence which, in the opinion of the court, renders him unfit to have his name on the list, the court may, as part of the sentence, order his name to be removed from the list and direct that he shall, for such period as may be specified in the order, be disqualified for having his name entered in any local authority's list.

It shall not be lawful for any person whose name is entered in a local authority's list to use in connection with his business any title, emblem or description reasonably calculated to suggest that he is entitled to sell any poison which he is not entitled to sell; and if any person acts in contravention of this subsection he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding £20 and, in the case of a continuing offence, to a further fine not exceeding £5 for every day subsequent to the day on which he is convicted of the offence during which the contravention continues.

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.

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.

A relevant transaction is “suspicious” if there are reasonable grounds for suspecting that the substance in question—

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 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—

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.

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.

A person who fails to comply with subsection (1) or (5) commits an offence.

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.

The Secretary of State may make provision by regulations about—

The provision that may be made under subsection (1)(a) includes provision for any requirement of a kind imposed by section 3, 3A, 3B or 3C to apply in additional circumstances.

Nothing in subsection (1)(b) to (f), or in subsection (2), is to be read as limiting the provision that may be made under subsection (1)(a).

A person who contravenes or fails to comply with any regulations made under this section commits an offence.

A person does not commit an offence under subsection (4) if the requirements of the regulation in question do not apply to the person's case by virtue of regulations made under section 9B.

References in this section to “substances” are to regulated substances and reportable substances.

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

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.

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.

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

A person guilty of an offence under section 7(4) is liable on summary conviction—

In the case of proceedings against a person for an offence under section 3A, 3B or 3C, or an offence under section 7(4) in connection with the supply of a regulated substance or a reportable substance, where the act in question was done by an employee—

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 section 3A(3) or (4), 3B(3), 3C(8) or 7(4) may be commenced at any time—

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.

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.

The persons are—

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.

In relation to an offence committed before section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force—

The Secretary of State may grant a licence to a person on application by that person in accordance with this section.

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.

The term for which a licence is granted must not exceed 3 years, but this does not affect—

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.

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.

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—

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.

A licence may be granted or amended subject to such terms and conditions as may be specified in the licence.

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—

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—

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An inspector appointed by the General Pharmaceutical Council under article 8(1) of the Pharmacy Order 2010 may at all reasonable times—

“Suspicious premises” are premises in which the inspector has reasonable cause to suspect that an offence mentioned in subsection (4)(b) has been committed.

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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).

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If a person— he shall in respect of each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Nothing in this section shall authorise any inspector to enter or inspect the premises, not being a shop, of a doctor, a dentist, a veterinary surgeon or a veterinary practitioner.

Any power to make regulations under this Act includes power—

Any power to make regulations under this Act is exercisable by statutory instrument.

An instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State must publish a list from time to time of recognised member States (if there are any).

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.

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

“Relevant Northern Ireland legislation” means—

In this section—

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In this Act, unless the context otherwise requires, the following expressions have the following meanings, that is to say—

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.

References in this Act to supplying something include any kind of supply or making available, whether in return for payment or free of charge.

The enactments specified in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

In section 24(1) of the Pharmacy Act 1954, for the definition of “the Pharmacy Acts” there shall be substituted the following definition— “the Pharmacy Acts” means the Act of 1933, the Pharmacy Act 1954, sections 77 and 84(1) of the Medicines Act 1968 and the Poisons Act 1972, and includes rules made under Part III of the Act of 1933 or under section 7 of the Poisons Act 1972. ”

Nothing in subsection (2) above or in section 13 of this Act shall be taken to exclude the general application of this Act of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to repeals).

This Act shall come into operation immediately after all the amendments of and repeals in the Pharmacy and Poisons Act 1933 made respectively by Schedule 5 and Schedule 6 to the Medicines Act 1968 have been brought into operation by order under section 136 of the said Act of 1968.

Nothing in this Act shall affect the power conferred by subsection (4) of section 136 of the Medicines Act 1968 to make transitional provision by an order under that section, and this Act shall have effect subject to any such order so far as may be necessary for preserving its effect.

Subject to subsection (2) above, in so far as any instrument made or other thing done under any enactment repealed by this Act could have been made or done under a corresponding provision in this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made or done under that corresponding provision.

Nothing in this Act shall affect the enactments repealed by this Act in their operation in relation to offences committed before the commencement of this Act.

Where an offence has been committed under section 24(1) of the Pharmacy and Poisons Act 1933, proceedings may be taken under section 8 of this Act in respect of the continuance of the offence after the commencement of this Act as if the offence had been committed under the said section 8.

Where any Act or document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, so far as may be necessary for preserving its effect, be construed as, or as including, a reference to the corresponding provision of this Act.

This Act may be cited as the Poisons Act 1972.

This Act shall not extend to Northern Ireland.

This section applies to the following offences—

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.

This is subject to subsection (5).

Subsection (5) applies where, in any proceedings for an offence to which this section applies—

Where this subsection applies—

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.

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— that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

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.

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— that person, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

The Secretary of State may by regulations provide—

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.

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—

Nothing in subsection (2) or (3) is to be read as limiting the provision that may be made under subsection (1).

In this section—

There shall continue to be an advisory committee, called the Poisons Board, which shall be constituted in accordance with the provisions of Schedule 1 to this Act.

The procedure of the Poisons Board shall (subject to any regulations made by the Board with the approval of the Secretary of State) be such as the Board may determine.

This section defines some key terms used in this Act.

“Regulated substance” means a regulated explosives precursor or regulated poison.

Subject to subsection (4), a “regulated explosives precursor”— but, in each case, only if the substance or mixture is not excluded.

but, in each case, only if the substance or mixture is not excluded.

A “regulated poison”— but, in each case, only if the substance or mixture is not excluded.

“Reportable substance” means a reportable explosives precursor or a reportable poison.

A “reportable explosives precursor”— but, in each case, only if the substance or mixture is not excluded.

A “reportable poison”— but, in each case, only if the substance or mixture is not excluded.

For the purposes of this section, a substance or mixture is “excluded” if—

A substance or mixture is “medicinal” if it is—

A “specific object” is—

See also section 9B (which contains power to disapply requirements of this Act in specified circumstances).

The Secretary of State may by regulations—

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).

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 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.

The things are—

For the purposes of this section—

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.

This section does not apply to the possession or use of a regulated substance at any time before 3 March 2016.

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.

In order to verify that someone has a licence or recognised non-GB licence, it is sufficient for these purposes to—

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.

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.

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).

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.

Before 3 March 2016, subsections (1) and (5) have effect as if the references to possession and use of the substance were omitted.

The Secretary of State may by regulations make provision modifying this section so far as it applies to any supplies that involve despatch of the substance to Northern Ireland or export of it from the United Kingdom.

Every local authority shall keep for the purposes of this Act a list of persons as being persons entitled, on premises in respect of which their names are entered in the list, to sell non-medicinal poisons which are substances included in Part II of the Poisons List.

Subject to the provisions of this Act, a local authority shall enter in the list kept by the authority under this section the name of any person who, having premises in the area of the authority, makes an application to the authority in the prescribed form to have his name entered in the list in respect of those premises.

A local authority may refuse to enter in, or may remove from, the list kept by the authority under this section the name of any person who fails to pay the prescribed fees, or who in the opinion of the authority is, for any sufficient reason relating either to him personally or to his premises, not fit to be on the list.

If any person is aggrieved by the refusal of a local authority to enter his name in the list kept by the authority under this section or by the removal under this section of his name from the list, he may appeal against the refusal or removal to the Crown Court.

In this section, " relating to him personally " means, in relation to a body corporate, relating personally to the members of the board, or to the managers or other officers of the body corporate.

In the application of this section to Scotland—

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).

Those circumstances are—

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.

The record-keeping requirements are—

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.

A local authority's list shall—

A person whose name is entered in a local authority's list shall pay to the local authority such fees as may be prescribed in respect of—

If any person whose name is entered in a local authority's list is convicted before any court of any offence which, in the opinion of the court, renders him unfit to have his name on the list, the court may, as part of the sentence, order his name to be removed from the list and direct that he shall, for such period as may be specified in the order, be disqualified for having his name entered in any local authority's list.

It shall not be lawful for any person whose name is entered in a local authority's list to use in connection with his business any title, emblem or description reasonably calculated to suggest that he is entitled to sell any poison which he is not entitled to sell; and if any person acts in contravention of this subsection he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding £20 and, in the case of a continuing offence, to a further fine not exceeding £5 for every day subsequent to the day on which he is convicted of the offence during which the contravention continues.

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.

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.

A relevant transaction is “suspicious” if there are reasonable grounds for suspecting that the substance in question—

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 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—

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.

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.

A person who fails to comply with subsection (1) or (5) commits an offence.

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.

The Secretary of State may make provision by regulations about—

The provision that may be made under subsection (1)(a) includes provision for any requirement of a kind imposed by section 3, 3A, 3B or 3C to apply in additional circumstances.

Nothing in subsection (1)(b) to (f), or in subsection (2), is to be read as limiting the provision that may be made under subsection (1)(a).

A person who contravenes or fails to comply with any regulations made under this section commits an offence.

A person does not commit an offence under subsection (4) if the requirements of the regulation in question do not apply to the person's case by virtue of regulations made under section 9B.

References in this section to “substances” are to regulated substances and reportable substances.

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

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.

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.

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

A person guilty of an offence under section 7(4) is liable on summary conviction—

In the case of proceedings against a person for an offence under section 3A, 3B or 3C, or an offence under section 7(4) in connection with the supply of a regulated substance or a reportable substance, where the act in question was done by an employee—

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 section 3A(3) or (4), 3B(3), 3C(8) or 7(4) may be commenced at any time—

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.

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.

The persons are—

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.

In relation to an offence committed before section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force—

The Secretary of State may grant a licence to a person on application by that person in accordance with this section.

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.

The term for which a licence is granted must not exceed 3 years, but this does not affect—

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.

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.

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—

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.

A licence may be granted or amended subject to such terms and conditions as may be specified in the licence.

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—

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—

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An inspector appointed by the General Pharmaceutical Council under article 8(1) of the Pharmacy Order 2010 may at all reasonable times—

“Suspicious premises” are premises in which the inspector has reasonable cause to suspect that an offence mentioned in subsection (4)(b) has been committed.

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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).

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If a person— he shall in respect of each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Nothing in this section shall authorise any inspector to enter or inspect the premises, not being a shop, of a doctor, a dentist, a veterinary surgeon or a veterinary practitioner.

Any power to make regulations under this Act includes power—

Any power to make regulations under this Act is exercisable by statutory instrument.

An instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State must publish a list from time to time of recognised member States (if there are any).

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.

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

“Relevant Northern Ireland legislation” means—

In this section—

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In this Act, unless the context otherwise requires, the following expressions have the following meanings, that is to say—

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.

References in this Act to supplying something include any kind of supply or making available, whether in return for payment or free of charge.

The enactments specified in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

In section 24(1) of the Pharmacy Act 1954, for the definition of “the Pharmacy Acts” there shall be substituted the following definition— “the Pharmacy Acts” means the Act of 1933, the Pharmacy Act 1954, sections 77 and 84(1) of the Medicines Act 1968 and the Poisons Act 1972, and includes rules made under Part III of the Act of 1933 or under section 7 of the Poisons Act 1972. ”

Nothing in subsection (2) above or in section 13 of this Act shall be taken to exclude the general application of this Act of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to repeals).

This Act shall come into operation immediately after all the amendments of and repeals in the Pharmacy and Poisons Act 1933 made respectively by Schedule 5 and Schedule 6 to the Medicines Act 1968 have been brought into operation by order under section 136 of the said Act of 1968.

Nothing in this Act shall affect the power conferred by subsection (4) of section 136 of the Medicines Act 1968 to make transitional provision by an order under that section, and this Act shall have effect subject to any such order so far as may be necessary for preserving its effect.

Subject to subsection (2) above, in so far as any instrument made or other thing done under any enactment repealed by this Act could have been made or done under a corresponding provision in this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made or done under that corresponding provision.

Nothing in this Act shall affect the enactments repealed by this Act in their operation in relation to offences committed before the commencement of this Act.

Where an offence has been committed under section 24(1) of the Pharmacy and Poisons Act 1933, proceedings may be taken under section 8 of this Act in respect of the continuance of the offence after the commencement of this Act as if the offence had been committed under the said section 8.

Where any Act or document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, so far as may be necessary for preserving its effect, be construed as, or as including, a reference to the corresponding provision of this Act.

This Act may be cited as the Poisons Act 1972.

This Act shall not extend to Northern Ireland.

This section applies to the following offences—

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.

This is subject to subsection (5).

Subsection (5) applies where, in any proceedings for an offence to which this section applies—

Where this subsection applies—

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.

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— that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

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.

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— that person, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

The Secretary of State may by regulations provide—

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.

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—

Nothing in subsection (2) or (3) is to be read as limiting the provision that may be made under subsection (1).

In this section—