Malaysia - Keratong Land Settlement Project
Act wholly in force at Royal Assent. S. 1 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 1(2)(a); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Ss. 2-2A substituted for s. 2 (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 3; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Ss. 3-3C substituted for s. 3 (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 4; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 4 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 5; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 4A - S. 4B inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 6; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 5 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposesc) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 7; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 6 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 7; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 7 substituted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 8; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 7A inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 9; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Ss. 8-8A substituted for s. 8 substituted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 10; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 9(1)-(3) omitted (27.9.2010) by virtue of The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 2(2)(a); S.I. 2010/1621, art. 2(1), Sch. S. 9(4)-(4B) substituted for s. 9(4) (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 11(2); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 9(5)-(7) omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 11(3); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt.II S. 9A inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 12; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 9B inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 13; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 10 substituted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 14; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 11(1) omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes,26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 15(2); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Words in s. 11(2) omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes,26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 15(3); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 4 Words in s. 11(2) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 153 Definition substituted by Medical Act 1983 (c. 54, SIF 83:1), s. 56(1), Sch. 5 para. 12 Words in s. 11(2) inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 15(4); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 11(2): words in para. (a) of the definition of “local authority” repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 39 (with ss.54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 16 Words repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII S. 11(2): para. (aa) of the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 39; S.I. 1996/396, art. 4, Sch. 2 S. 11(2)(b) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 47 S. 11(2): words in para. (b) of the definition of “local authority” substituted (1.4.1996) by 1994 c.39, s. 180(1), Sch. 13 para. 89; S.I. 1996/323, art. 4(1)(c) Words in s. 11(2) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 2(3); S.I. 2010/1621, art. 2(1), Sch. Words in s. 11(2) substituted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 15(5); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 11(3)(4) inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 15(6); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) Sch. 1 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 1(2)(a); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Sch. 1A inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 16; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Words in Sch. 1A Pt. 1 inserted (1.10.2023) by S.I. 2023/63, reg. 8(2)(a) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 1 inserted (1.10.2023) by S.I. 2023/63, reg. 8(2)(b) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 1 inserted (1.5.2018 for specified purposes, 1.7.2018 for specified purposes, 1.11.2018 in so far as not already in force) by The Poisons Act 1972 (Explosives Precursors) (Amendment) Regulations 2018 (S.I. 2018/451), reg. 2(1)(a) Words in Sch. 1A Pt. 1 inserted (1.5.2018 for specified purposes, 1.7.2018 for specified purposes, 1.11.2018 in so far as not already in force) by The Poisons Act 1972 (Explosives Precursors) (Amendment) Regulations 2018 (S.I. 2018/451), reg. 2(1)(b) Words in Sch. 1A Pt. 2 inserted (1.10.2023) by S.I. 2023/63, reg. 8(3)(a) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 omitted (1.10.2023) by S.I. 2023/63, reg. 8(3)(b) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 inserted (1.10.2023) by S.I. 2023/63, reg. 8(3)(c) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 inserted (1.10.2023) by S.I. 2023/63, reg. 8(3)(d) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 substituted (1.10.2023) by S.I. 2023/63, reg. 8(3)(e) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 inserted (1.10.2023) by S.I. 2023/63, reg. 8(3)(f) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 inserted (1.10.2023) by S.I. 2023/63, reg. 8(3)(g) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 3 omitted (1.10.2023) by S.I. 2023/63, reg. 8(4)(a) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 3 omitted (1.5.2018 for specified purposes, 1.7.2018 for specified purposes, 1.11.2018 in so far as not already in force) by virtue of The Poisons Act 1972 (Explosives Precursors) (Amendment) Regulations 2018 (S.I. 2018/451), reg. 2(2)(a) Words in Sch. 1A Pt. 3 inserted (1.5.2018) by The Poisons Act 1972 (Explosives Precursors) (Amendment) Regulations 2018 (S.I. 2018/451), regs. 1(2), 2(2)(b) Words in Sch. 1A Pt. 3 inserted (1.10.2023) by S.I. 2023/63, reg. 8(4)(b) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 4 omitted (1.10.2023) by S.I. 2023/63, reg. 8(5)(a) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 4 inserted (1.10.2023) by S.I. 2023/63, reg. 8(5)(b) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 4 inserted (1.10.2023) by S.I. 2023/63, reg. 8(5)(c) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Act excluded by S.I. 1982/218, rules 7, 8 Act amended by 1954 c. 61, s. 13I(d) (as inserted (prosp.) by 1997 c. 19, s. 1, Sch. para. 2) Act (except s. 1(2)): Powers transferred (W.) (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch. 1 S. 3A modified (26.5.2015) by The Control of Poisons and Explosives Precursors Regulations 2015 (S.I. 2015/966), regs. 1(3), 2 (with reg. 5) S. 4 excluded by S.I. 1982/218, rule 3 Ss. 4A(6)-(9) applied (20.4.2015) by The Control of Poisons and Explosives Precursors Regulations 2015 (S.I. 2015/966), regs. 1(2), 4(5) (with reg. 5) Ss. 3(1)(b)(ii), 5, 6, 11: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Ss. 3(1)(b)(ii), 5, 6, 11: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Ss. 3(1)(b)(ii), 5, 6, 11: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 The text of s. 12(1)(2), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Amendments and repeals described in s. 13(1) brought into operation on 1.2.1978 by S.I. 1977/2128 The text of s. 12(1)(2), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1968 c. 67. 1968 c. 67. 1966 c. 36. 1966 c. 36. 1978 c. 30. 1933 c. 25. 1968 c. 67. 1968 c. 67 1933 c. 25. An Act to consolidate certain enactments relating to poisons.
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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.
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
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.
A “regulated poison”— but, in each case, only if the substance or mixture is not excluded.
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
includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit,
“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.
is a substance listed in Part 3 of Schedule 1A, and
includes a mixture or another substance in which a substance listed in that Part is present,
A “reportable poison”— but, in each case, only if the substance or mixture is not excluded.
is 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
includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit,
For the purposes of this section, a substance or mixture is “excluded” if—
it is medicinal, or
it is contained in a specific object.
A substance or mixture is “medicinal” if it is—
a medicinal product as defined by regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916),
an investigational medicinal product as defined by regulation 2 of the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031),
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
a veterinary medicinal product as defined by regulation 2 of the Veterinary Medicines Regulations 2013 (S.I. 2013/2033).
A “specific object” is—
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
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—
pyrotechnic equipment falling within the scope of Council Directive 96/98/EC on marine equipment, and
percussion caps intended specifically for toys falling within the scope of Council Directive 88/378/EEC concerning the safety of toys.
See also section 9B (which contains power to disapply requirements of this Act in specified circumstances).
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.
for a person to sell any non-medicinal poison which is a substance included in Part I of the Poisons List, unless—
he is a person lawfully conducting a retail pharmacy business, and
the sale is effected on premises which are a registered pharmacy, and
the sale is effected by, or under the supervision of, a pharmacist;
for a person to sell any non-medicinal poison which is a substance included in Part II of the Poisons List, unless—
he is a person lawfully conducting a retail pharmacy business and the sale is effected on premises which are a registered pharmacy, or
his name is entered in a local authority's list in respect of the premises on which the poison is sold;
for a person to sell any non-medicinal poison, whether it is a substance included in Part I or in Part II of the Poisons List, unless the container of the poison is labelled in the prescribed manner—
with the name of the poison, and
in the case of a preparation which contains a poison as one of its ingredients, with the prescribed particulars as to the proportion which the poison contained in the preparation bears to the total ingredients, and
with the word " poison " or other prescribed indication of the character of the article, and
with the name of the seller of the poison and the address of the premises on which it is sold.
The things are—
importing a regulated substance,
certified in writing in the prescribed manner by a person authorised by the Poisons Rule to give a certificate for the purposes of this section, or
known by the seller or by a pharmacist in the employment of the seller at the premises where the sale is effected,
acquiring a regulated substance,
he has made or caused to be made an entry in a book to be kept for that purpose stating in the prescribed form the date of the sale, the name and address of the purchaser and of the person (if any) by whom the certificate required under paragraph (a) above was given, the name and quantity of the article sold, and the purposes for which it is stated by the purchaser to be required, and
the purchaser has signed the entry.
possessing a regulated substance,
using a regulated substance.
For the purposes of this section—
“acquiring” means taking into your possession, custody or control,
“importing” means bringing into Great Britain from a country or territory outside the United Kingdom,
“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,
“possessing” means having in your possession, custody or control, and
“using” includes processing, formulating, storing, treating or mixing, including in the production of an article.
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.
The Secretary of State may by regulations—
amend Schedule 1A (whether to add, vary or remove a substance or concentration limit or make any other change), and
amend section 2 in consequence of any amendment made under paragraph (a).
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—
they are in common use, or are likely to come into common use, for purposes other than the treatment of human ailments, and
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.
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the sale of poisons by way of wholesale dealing;
the sale of poisons to be exported to purchasers outside the United Kingdom;
the sale of an article to a doctor, dentist, veterinary surgeon or veterinary practitioner for the purpose of his profession;
the sale of an article for use in or in connection with any hospital, infirmary, dispensary or similar institution approved by an order, whether general or special, of the Secretary of State ; or
the sale of an article by a person carrying on a business in the course of which poisons are regularly sold either by way of wholesale dealing or for use by the purchasers in their trade or business to—
a person who requires the article for the purpose of his trade or business, or
a person who requires the article for the purpose of enabling him to comply with any requirements made by or in pursuance of any enactment with respect to the medical treatment of persons employed by him in any trade or business carried on by him, or
a government department or an officer of the Crown requiring the article for the purposes of the public service, or any local authority (whether a local authority as defined in this Act or not) requiring the article in connection with the exercise by the authority of any statutory powers, or
a person or institution concerned with scientific education or research, if the article is required for the purposes of that education or research.
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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—
an appeal under subsection (4) shall be made in accordance with Act of Sederunt to the sheriff within whose jurisdiction the appellant's place of business is situate;
subsection (5) shall have effect as if the references to a body corporate included references to a firm, and, in relation to a firm, as if the reference to the members of the board were a reference to the partners.
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—
inspect the person's licence, and
inspect the form of identification specified in that licence.
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.
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A local authority's list shall—
include particulars of the premises in respect of which the name of any person is entered in the list;
subject to paragraph (a) above, be in such form as may be prescribed ; and
be open at all reasonable times to the inspection of any person without fee.
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—
the entry of his name in the list,
the making of any alteration in the list in relation to the premises in respect of which his name is entered, and
the retention of his name on the list in any year subsequent to the year in which his name is first entered in it (and for this purpose " year " means a period of twelve months beginning on such date as the local authority may from time to time determine).
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 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—
the person is lawfully conducting a retail pharmacy business,
the supply is made on premises that are a registered pharmacy, and
the supply is made by or under the supervision of a pharmacist.
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—
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—
the date of the supply,
the name and address of the member of the general public,
the name and quantity of the regulated poison supplied, and
the purposes for which it is stated by the member of the general public to be required, and
the person must ensure that the member of the general public signs the entry.
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.
The Secretary of State may make provision by regulations about—
the importation, supply, acquisition, possession or use of substances by or to any person or class of person,
for regulating or restricting the sale or supply of non-medicinal poisons by persons whose names are entered in a local authority's list and for prohibiting the sale of any specified non-medicinal poison or class of non-medicinal poisons by any class of such persons ; and
for dispensing with or relaxing with respect to non-medicinal poisons any of the preceding provisions of this Act relating to the sale of non-medicinal poisons;
the storage, transportation and labelling of substances,
the containers in which substances may be supplied,
the addition to substances of specified ingredients for the purpose of rendering them readily distinguishable as such,
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
the period for which any records required to be kept for the purposes of this Act are to be preserved.
the period for which any certificate given under section 3 of this Act is to remain in force ;
for prescribing anything which is by this Act to be prescribed by rules.
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 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—
if it is a regulated explosives precursor or reportable explosives precursor, is intended for the illicit manufacture of explosives, or
if it is a regulated poison or a reportable poison, is intended for any illicit use.
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—
appears unclear about the intended use of the substance,
appears unfamiliar with the intended use of the substance or cannot explain it plausibly,
intends to buy substances in quantities, combinations or concentrations uncommon for private use,
is unwilling to provide proof of identity or place of residence, or
insists on using unusual methods of payment, including large amounts of cash.
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—
is from stocks in the person's possession, custody or control in Great Britain, and
is significant.
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.
A person guilty of an offence under section 3(1), 3A(1) or 3B(1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both);
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding 3 months or to a fine (or both),
in Scotland, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum (or both).
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.
it shall not be a defence that the employee acted with out the authority of the employer, and
any material fact known to the employee shall be deemed to have been known to the employer.
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—
in England and Wales, to imprisonment for a term not exceeding 3 months or to a fine (or both);
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).
A person guilty of an offence under section 7(4) is liable on summary conviction—
to a fine not exceeding level 4 on the standard scale, and
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.
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—
it is not a defence that the employee acted without the authority of the employer, and
any material fact known to the employee is deemed to have been known to the employer.
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—
within the period of 12 months next after the date of commission of the offence, or
in the case of proceedings instituted by, or by the direction of, the Secretary of State, within the later to end of—
that 12-month period, and
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.
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—
a public analyst appointed under section 27 of the Food Safety Act 1990, or
a person appointed by the Secretary of State to make analyses for the purposes of this Act.
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 reference in subsection (1)(b)(i) to a fine is to be read as a reference to a fine not exceeding the statutory maximum;
the reference in subsection (4)(a) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.
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to enforce the provisions of subsections (2) and (3) of section 20 of the Pharmacy Act 1954 (offences relating to certificates), and
to secure compliance by pharmacists and persons carrying on a retail pharmacy business with the preceding provisions of this Act and with the Poisons Rules;
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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—
enter any registered pharmacy to ascertain whether an offence under section 3A, 3B, 3C or 7(4) has been committed by a pharmacist or a person carrying on a retail pharmacy business;
enter any suspicious premises to ascertain whether either of the following offences has been committed—
an offence under section 3B, or
an offence under section 7(4) in relation to contravention of any regulations that relate solely to regulated poisons.
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to secure compliance by persons, not being persons lawfully conducting a retail pharmacy business, with the preceding provisions of this Act and with the Poisons Rules so far as those provisions and Rules relate to substances included in Part II of the Poisons List, and
to secure compliance with those provisions and Rules by persons lawfully conducting a retail pharmacy business, in so far as that business is carried on at premises which are not a registered pharmacy,
“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.
wilfully delays or obstructs an inspector in the exercise of any powers under this section, or
refuses to allow any sample to be taken in accordance with the provisions of this section, or
fails without reasonable excuse to give any information which he is duly required under this section to give,
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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.
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—
a person's right to apply for a further licence to take effect on expiry of that term, nor
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.
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—
the use intended to be made of the substance,
the availability of alternative substances that would achieve the same purpose,
the proposed arrangements to ensure that the substance is kept securely,
any danger to public safety or public order that may be caused by possession of the substance, and
whether the applicant is a fit and proper person to possess the substance.
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—
storage,
use,
maximum quantities,
maximum levels of concentration, and
reporting of disappearances or thefts.
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—
who may make an application,
the form and manner in which an application is to be made and any documents or evidence that must accompany it,
the amount and payment of any fees,
the supply of any further information or document required to determine an application,
notice and publication of any decision about an application, and
the procedure for an internal review of any such decision.
Any power to make regulations under this Act includes power—
to make different provision for different purposes,
to make consequential, incidental or supplemental provision, and
to make transitional, transitory or saving provision.
Any power to make regulations under this Act is exercisable by statutory instrument.
by order makes amendments or variations in the Poisons List in which the Poisons Board does not concur, or
makes rules under this Act in which the Poisons Board does not concur,
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—
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
a licence granted under relevant Northern Ireland legislation.
“Relevant Northern Ireland legislation” means—
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)),
any legislative instrument that implements the Precursors Regulation in Northern Ireland, and
any legislative instrument that replaces or supersedes (with or without modification) anything falling within paragraph (a) or (b) or this paragraph.
In this section—
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
references to a legislative instrument are to—
an Act or instrument made under an Act, or
any Northern Ireland legislation or instrument made under Northern Ireland legislation.
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a medicinal product as defined by section 130 of the Medicines Act 1968, nor
a substance in relation to which, by virtue of an order under section 104 or section 105 of that Act for the time being in force (and whether, in the case of an order under section 104 of that Act, it is referred to in the order as a substance or as an article), the provisions of sections 51 to 54 and sections 69 to 77 of that Act (whether subject to exceptions and modifications or not and with or without other provisions of that Act) have effect as they have effect in relation to medicinal products as so defined.
In this Act, unless the context otherwise requires, the following expressions have the following meanings, that is to say—
" the board " means, in relation to a body corporate, the persons controlling that body, by whatever name called;
" registered pharmacy " has the meaning assigned to it by section 74 of the Medicines Act 1968;
“dentist” means a person registered in the dentists register kept under the Dentists Act 1984 ...;
“retail pharmacy business” has the meaning assigned to it by regulation 8 of the Human Medicines Regulations 2012 (S.I. 2012/1916) ;
“pharmacist” means a person registered in Part 1 of the register maintained under article 19 of the Pharmacy Order 2010 (pharmacists other than visiting practitioners);
...
“ doctor ” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978
in relation to England . . ., the council of a county metropolitan district, . . . or London borough or the Common Council of the City of London,
" prescribed " means prescribed by the Poisons Rules;
in relation to Scotland, a county council or town council of a large burgh within the meaning of the Local Government (Scotland) Act 1947 (and all other burghs shall be deemed to be within the county);
“Great Britain” includes the territorial sea of the United Kingdom other than the part adjacent to Northern Ireland;
...
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—
an offence under section 3(1),
an offence under section 3A(1), (3) or (4),
an offence under section 3B(1) or (3).
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—
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
it is proved that the substance or mixture in question was that regulated substance.
Where this subsection applies—
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
the accused must be acquitted of the offence charged if—
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
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.
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.
Section 1.
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Section 12.
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.
a director, manager, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity,
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.
a partner, or
any person who was purporting to act in that capacity,
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(4) of this Act as in relation to an indictable offence.
The Secretary of State may by regulations provide—
that some or all of the requirements of this Act do not apply in circumstances specified in the regulations;
that either or both of the exclusions do not apply in circumstances specified in the regulations.
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—
is intended for use for a specified purpose, or
is contained in a specified substance, mixture or article, or
is prepared in a specified manner or form, or
is so intended, contained or prepared and is present in a concentration that is no higher than a specified limit.
Nothing in subsection (2) or (3) is to be read as limiting the provision that may be made under subsection (1).
In this section—
“the exclusions” means the exclusions in section 2 for substances that are medicinal or contained in a specific object,
“the requirements of this Act” means the requirements of section 3, 3A, 3B or 3C or of regulations under section 7,
“specified” includes described,
references to a substance also include a mixture, and
references to a group of substances includes a group comprising all the substances listed in Schedule 1A.
Name of substance and Chemical Abstracts Service Registry number (CAS RN) Concentration limit (weight in weight) Ammonium nitrate (CAS RN 6484-52-2) in concentration of 16% by weight of nitrogen in relation to ammonium nitrate or higher - Hexamine (CAS RN 100-97-0) - Hydrochloric acid (CAS RN 7647-01-0) 10% w/w 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 Phosphoric acid (CAS RN 7664-38-2) 30% 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 Sulfuric acid (CAS RN 7664-93-9) 15% w/w
Name of substance and Chemical Abstracts Service Registry number (CAS RN) Concentration limit (weight in weight) Aluminium phosphide (CAS RN 20859-73-8) Aluminium sulfide (CAS RN 1302-81-4) - Arsenic (CAS RN 7440-38-2); its compounds ... 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) Calcium phosphide (CAS RN 1305-99-3) - Calcium sulfide (CAS RN 20548-54-3) - 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) Magnesium sulfide (CAS RN 12032-36-9) - Mercury (CAS RN 7439-97-6) ; its compounds Oxalic acid (CAS RN 144-62-7) 10% w/w Phenols (phenol; phenolic isomers of the following—cresols, xylenols, monoethylphenols); compounds of phenols with a metal 60% w/w of phenols or, for compounds of phenols with a metal, the equivalent of 60% w/w of phenols Phosphorus, yellow (CAS RN 7223-14-0) Sodium sulfide (CAS RN 1313-82-2) - Strychnine (CAS RN 57-24-9); its salts; its quaternary compounds Thallium (CAS RN 7440-28-0), salts of Zinc phosphide (CAS RN 1314-84-7) - 2,4-Dinitrophenol (CAS RN 51-28-5) and compounds including sodium dinitrophenolate (CAS RN 1011-73-0) -
... ... Acetone (CAS RN 67-64-1) Potassium nitrate (CAS RN 7757-79-1) Sodium nitrate (CAS RN 7631-99-4) Calcium nitrate (CAS RN 10124-37-5) Calcium ammonium nitrate (CAS RN 15245-12-2) ... Aluminium powders (CAS RN 7429-90-5) with a particle size less than 200μm, as a substance or in mixtures containing 70% or more, by weight, of aluminium and/or magnesium Magnesium nitrate hexahydrate (CAS RN 13446-18-9) Magnesium powders (CAS RN 7439-95-4) with a particle size less than 200μm, as a substance or in mixtures containing 70% or more, by weight, of aluminium and/or magnesium Sulfur (CAS RN 7704-34-9)
Name of substance and Chemical Abstracts Service Registry number (CAS RN) Concentration limit (weight in weight or, where specified, total caustic alkalinity) Aldicarb (CAS RN 116-06-3) Alpha-chloralose (CAS RN 15879-93-3) Ammonia (CAS RN 7664-41-7 and CAS RN 1336-21-6) 10% w/w . . . Barium, salts of, the following—barium carbonate; barium silicofluoride Carbofuran (CAS RN 1563-66-2) Cycloheximide (CAS RN 66-81-9) Dinitrocresols (DNOC) (CAS RN 534-52-1); their compounds with a metal or a base Dinoseb (CAS RN 88-85-7); its compounds with a metal or a base Dinoterb (CAS RN 1420-07-1) Drazoxolon; its salts Endosulfan (CAS RN 115-29-7) Endothal (CAS RN 145-73-3); its salts Endrin (CAS RN 72-20-8) Fentin (CAS RN 668-34-8), compounds of Formaldehyde (CAS RN 50-00-0) 5% w/w Formic acid (CAS RN 64-18-6) 25% w/w . . . . . . Hydrofluoric acid (CAS RN 7664-39-3); alkali metal bifluorides; ammonium bifluoride (CAS RN 1341-49-7); alkali metal fluorides; ammonium fluoride (CAS RN 12125-01-8); sodium silicofluoride (CAS RN 16893-85-9) . . . Metallic oxalates Metal phosphides - Metal sulfides and polysulfides - Methomyl (CAS RN 16752-77-5) Nicotine (CAS RN 54-11-5); its salts; its quaternary compounds Nitrobenzene (CAS RN 98-95-3) 0.1% w/w Oxamyl (CAS RN 23135-22-0) Paraquat (CAS RN 4685-14-7), salts of Phenols (as defined in Part 2 of this Schedule) in substances containing no more than 60%, weight in weight, of phenols; compounds of phenols with a metal in substances containing no more than the equivalent of 60%, weight in weight, of phenols . . . Phosphorus compounds, the following—azinphos-methyl, chlorfenvinphos, demephion, demeton-S-methyl, demeton-S-methyl sulphone, dialifos, dichlorvos, dioxathion, disulfoton, fonofos, mecarbam, mephosfolan, methidathion, mevinphos, omethoate, oxydemeton-methyl, parathion, phenkapton, phorate, phosphamidon, pirimiphos-ethyl, quinalphos, thiometon, thionazin, triazophos, vamidothion Potassium hydroxide (CAS RN 1310-58-3) 17% of total caustic alkalinity Sodium hydroxide (CAS RN 1310-73-2) 12% of total caustic alkalinity Sodium hypochlorite (CAS RN 7681-52-9) solutions above 6% available chlorine - Sodium nitrite Thiofanox (CAS RN 39196-18-4) . . . Note: for circumstances where requirements of this Act do not apply to a specified substance or mixture, see regulations made under section 9B.
Act wholly in force at Royal Assent. S. 1 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 1(2)(a); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Ss. 2-2A substituted for s. 2 (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 3; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Ss. 3-3C substituted for s. 3 (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 4; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 4 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 5; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 4A - S. 4B inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 6; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 5 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposesc) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 7; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 6 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 7; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 7 substituted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 8; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 7A inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 9; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Ss. 8-8A substituted for s. 8 substituted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 10; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 9(1)-(3) omitted (27.9.2010) by virtue of The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 2(2)(a); S.I. 2010/1621, art. 2(1), Sch. S. 9(4)-(4B) substituted for s. 9(4) (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 11(2); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 9(5)-(7) omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 11(3); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt.II S. 9A inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 12; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 9B inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 13; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 10 substituted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 14; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 11(1) omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes,26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 15(2); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Words in s. 11(2) omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes,26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 15(3); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 4 Words in s. 11(2) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 153 Definition substituted by Medical Act 1983 (c. 54, SIF 83:1), s. 56(1), Sch. 5 para. 12 Words in s. 11(2) inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 15(4); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 11(2): words in para. (a) of the definition of “local authority” repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 39 (with ss.54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 16 Words repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII S. 11(2): para. (aa) of the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 39; S.I. 1996/396, art. 4, Sch. 2 S. 11(2)(b) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 47 S. 11(2): words in para. (b) of the definition of “local authority” substituted (1.4.1996) by 1994 c.39, s. 180(1), Sch. 13 para. 89; S.I. 1996/323, art. 4(1)(c) Words in s. 11(2) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 2(3); S.I. 2010/1621, art. 2(1), Sch. Words in s. 11(2) substituted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 15(5); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) S. 11(3)(4) inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 15(6); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) Sch. 1 omitted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 1(2)(a); S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Sch. 1A inserted (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 16; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p) Words in Sch. 1A Pt. 1 inserted (1.10.2023) by S.I. 2023/63, reg. 8(2)(a) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 1 inserted (1.10.2023) by S.I. 2023/63, reg. 8(2)(b) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 1 inserted (1.5.2018 for specified purposes, 1.7.2018 for specified purposes, 1.11.2018 in so far as not already in force) by The Poisons Act 1972 (Explosives Precursors) (Amendment) Regulations 2018 (S.I. 2018/451), reg. 2(1)(a) Words in Sch. 1A Pt. 1 inserted (1.5.2018 for specified purposes, 1.7.2018 for specified purposes, 1.11.2018 in so far as not already in force) by The Poisons Act 1972 (Explosives Precursors) (Amendment) Regulations 2018 (S.I. 2018/451), reg. 2(1)(b) Words in Sch. 1A Pt. 2 inserted (1.10.2023) by S.I. 2023/63, reg. 8(3)(a) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 omitted (1.10.2023) by S.I. 2023/63, reg. 8(3)(b) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 inserted (1.10.2023) by S.I. 2023/63, reg. 8(3)(c) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 inserted (1.10.2023) by S.I. 2023/63, reg. 8(3)(d) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 substituted (1.10.2023) by S.I. 2023/63, reg. 8(3)(e) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 inserted (1.10.2023) by S.I. 2023/63, reg. 8(3)(f) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 2 inserted (1.10.2023) by S.I. 2023/63, reg. 8(3)(g) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 3 omitted (1.10.2023) by S.I. 2023/63, reg. 8(4)(a) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 3 omitted (1.5.2018 for specified purposes, 1.7.2018 for specified purposes, 1.11.2018 in so far as not already in force) by virtue of The Poisons Act 1972 (Explosives Precursors) (Amendment) Regulations 2018 (S.I. 2018/451), reg. 2(2)(a) Words in Sch. 1A Pt. 3 inserted (1.5.2018) by The Poisons Act 1972 (Explosives Precursors) (Amendment) Regulations 2018 (S.I. 2018/451), regs. 1(2), 2(2)(b) Words in Sch. 1A Pt. 3 inserted (1.10.2023) by S.I. 2023/63, reg. 8(4)(b) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 4 omitted (1.10.2023) by S.I. 2023/63, reg. 8(5)(a) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 4 inserted (1.10.2023) by S.I. 2023/63, reg. 8(5)(b) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Words in Sch. 1A Pt. 4 inserted (1.10.2023) by S.I. 2023/63, reg. 8(5)(c) (as substituted by The Control of Explosives Precursors and Poisons (Amendment) Regulations 2023 (S.I. 2023/810), regs. 1(1), 2) Act excluded by S.I. 1982/218, rules 7, 8 Act amended by 1954 c. 61, s. 13I(d) (as inserted (prosp.) by 1997 c. 19, s. 1, Sch. para. 2) Act (except s. 1(2)): Powers transferred (W.) (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch. 1 S. 3A modified (26.5.2015) by The Control of Poisons and Explosives Precursors Regulations 2015 (S.I. 2015/966), regs. 1(3), 2 (with reg. 5) S. 4 excluded by S.I. 1982/218, rule 3 Ss. 4A(6)-(9) applied (20.4.2015) by The Control of Poisons and Explosives Precursors Regulations 2015 (S.I. 2015/966), regs. 1(2), 4(5) (with reg. 5) Ss. 3(1)(b)(ii), 5, 6, 11: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Ss. 3(1)(b)(ii), 5, 6, 11: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Ss. 3(1)(b)(ii), 5, 6, 11: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 The text of s. 12(1)(2), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Amendments and repeals described in s. 13(1) brought into operation on 1.2.1978 by S.I. 1977/2128 The text of s. 12(1)(2), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1968 c. 67. 1968 c. 67. 1966 c. 36. 1966 c. 36. 1978 c. 30. 1933 c. 25. 1968 c. 67. 1968 c. 67 1933 c. 25. An Act to consolidate certain enactments relating to poisons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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
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.
A “regulated poison”— but, in each case, only if the substance or mixture is not excluded.
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
includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit,
“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.
is a substance listed in Part 3 of Schedule 1A, and
includes a mixture or another substance in which a substance listed in that Part is present,
A “reportable poison”— but, in each case, only if the substance or mixture is not excluded.
is 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
includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit,
For the purposes of this section, a substance or mixture is “excluded” if—
it is medicinal, or
it is contained in a specific object.
A substance or mixture is “medicinal” if it is—
a medicinal product as defined by regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916),
an investigational medicinal product as defined by regulation 2 of the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031),
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
a veterinary medicinal product as defined by regulation 2 of the Veterinary Medicines Regulations 2013 (S.I. 2013/2033).
A “specific object” is—
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
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—
pyrotechnic equipment falling within the scope of Council Directive 96/98/EC on marine equipment, and
percussion caps intended specifically for toys falling within the scope of Council Directive 88/378/EEC concerning the safety of toys.
See also section 9B (which contains power to disapply requirements of this Act in specified circumstances).
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.
for a person to sell any non-medicinal poison which is a substance included in Part I of the Poisons List, unless—
he is a person lawfully conducting a retail pharmacy business, and
the sale is effected on premises which are a registered pharmacy, and
the sale is effected by, or under the supervision of, a pharmacist;
for a person to sell any non-medicinal poison which is a substance included in Part II of the Poisons List, unless—
he is a person lawfully conducting a retail pharmacy business and the sale is effected on premises which are a registered pharmacy, or
his name is entered in a local authority's list in respect of the premises on which the poison is sold;
for a person to sell any non-medicinal poison, whether it is a substance included in Part I or in Part II of the Poisons List, unless the container of the poison is labelled in the prescribed manner—
with the name of the poison, and
in the case of a preparation which contains a poison as one of its ingredients, with the prescribed particulars as to the proportion which the poison contained in the preparation bears to the total ingredients, and
with the word " poison " or other prescribed indication of the character of the article, and
with the name of the seller of the poison and the address of the premises on which it is sold.
The things are—
importing a regulated substance,
certified in writing in the prescribed manner by a person authorised by the Poisons Rule to give a certificate for the purposes of this section, or
known by the seller or by a pharmacist in the employment of the seller at the premises where the sale is effected,
acquiring a regulated substance,
he has made or caused to be made an entry in a book to be kept for that purpose stating in the prescribed form the date of the sale, the name and address of the purchaser and of the person (if any) by whom the certificate required under paragraph (a) above was given, the name and quantity of the article sold, and the purposes for which it is stated by the purchaser to be required, and
the purchaser has signed the entry.
possessing a regulated substance,
using a regulated substance.
For the purposes of this section—
“acquiring” means taking into your possession, custody or control,
“importing” means bringing into Great Britain from a country or territory outside the United Kingdom,
“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,
“possessing” means having in your possession, custody or control, and
“using” includes processing, formulating, storing, treating or mixing, including in the production of an article.
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.
The Secretary of State may by regulations—
amend Schedule 1A (whether to add, vary or remove a substance or concentration limit or make any other change), and
amend section 2 in consequence of any amendment made under paragraph (a).
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—
they are in common use, or are likely to come into common use, for purposes other than the treatment of human ailments, and
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the sale of poisons by way of wholesale dealing;
the sale of poisons to be exported to purchasers outside the United Kingdom;
the sale of an article to a doctor, dentist, veterinary surgeon or veterinary practitioner for the purpose of his profession;
the sale of an article for use in or in connection with any hospital, infirmary, dispensary or similar institution approved by an order, whether general or special, of the Secretary of State ; or
the sale of an article by a person carrying on a business in the course of which poisons are regularly sold either by way of wholesale dealing or for use by the purchasers in their trade or business to—
a person who requires the article for the purpose of his trade or business, or
a person who requires the article for the purpose of enabling him to comply with any requirements made by or in pursuance of any enactment with respect to the medical treatment of persons employed by him in any trade or business carried on by him, or
a government department or an officer of the Crown requiring the article for the purposes of the public service, or any local authority (whether a local authority as defined in this Act or not) requiring the article in connection with the exercise by the authority of any statutory powers, or
a person or institution concerned with scientific education or research, if the article is required for the purposes of that education or research.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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—
an appeal under subsection (4) shall be made in accordance with Act of Sederunt to the sheriff within whose jurisdiction the appellant's place of business is situate;
subsection (5) shall have effect as if the references to a body corporate included references to a firm, and, in relation to a firm, as if the reference to the members of the board were a reference to the partners.
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—
inspect the person's licence, and
inspect the form of identification specified in that licence.
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.
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A local authority's list shall—
include particulars of the premises in respect of which the name of any person is entered in the list;
subject to paragraph (a) above, be in such form as may be prescribed ; and
be open at all reasonable times to the inspection of any person without fee.
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—
the entry of his name in the list,
the making of any alteration in the list in relation to the premises in respect of which his name is entered, and
the retention of his name on the list in any year subsequent to the year in which his name is first entered in it (and for this purpose " year " means a period of twelve months beginning on such date as the local authority may from time to time determine).
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 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—
the person is lawfully conducting a retail pharmacy business,
the supply is made on premises that are a registered pharmacy, and
the supply is made by or under the supervision of a pharmacist.
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—
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—
the date of the supply,
the name and address of the member of the general public,
the name and quantity of the regulated poison supplied, and
the purposes for which it is stated by the member of the general public to be required, and
the person must ensure that the member of the general public signs the entry.
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.
The Secretary of State may make provision by regulations about—
the importation, supply, acquisition, possession or use of substances by or to any person or class of person,
for regulating or restricting the sale or supply of non-medicinal poisons by persons whose names are entered in a local authority's list and for prohibiting the sale of any specified non-medicinal poison or class of non-medicinal poisons by any class of such persons ; and
for dispensing with or relaxing with respect to non-medicinal poisons any of the preceding provisions of this Act relating to the sale of non-medicinal poisons;
the storage, transportation and labelling of substances,
the containers in which substances may be supplied,
the addition to substances of specified ingredients for the purpose of rendering them readily distinguishable as such,
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
the period for which any records required to be kept for the purposes of this Act are to be preserved.
the period for which any certificate given under section 3 of this Act is to remain in force ;
for prescribing anything which is by this Act to be prescribed by rules.
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 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—
if it is a regulated explosives precursor or reportable explosives precursor, is intended for the illicit manufacture of explosives, or
if it is a regulated poison or a reportable poison, is intended for any illicit use.
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—
appears unclear about the intended use of the substance,
appears unfamiliar with the intended use of the substance or cannot explain it plausibly,
intends to buy substances in quantities, combinations or concentrations uncommon for private use,
is unwilling to provide proof of identity or place of residence, or
insists on using unusual methods of payment, including large amounts of cash.
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—
is from stocks in the person's possession, custody or control in Great Britain, and
is significant.
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.
A person guilty of an offence under section 3(1), 3A(1) or 3B(1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both);
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding 3 months or to a fine (or both),
in Scotland, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum (or both).
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.
it shall not be a defence that the employee acted with out the authority of the employer, and
any material fact known to the employee shall be deemed to have been known to the employer.
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—
in England and Wales, to imprisonment for a term not exceeding 3 months or to a fine (or both);
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).
A person guilty of an offence under section 7(4) is liable on summary conviction—
to a fine not exceeding level 4 on the standard scale, and
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.
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—
it is not a defence that the employee acted without the authority of the employer, and
any material fact known to the employee is deemed to have been known to the employer.
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—
within the period of 12 months next after the date of commission of the offence, or
in the case of proceedings instituted by, or by the direction of, the Secretary of State, within the later to end of—
that 12-month period, and
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.
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—
a public analyst appointed under section 27 of the Food Safety Act 1990, or
a person appointed by the Secretary of State to make analyses for the purposes of this Act.
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 reference in subsection (1)(b)(i) to a fine is to be read as a reference to a fine not exceeding the statutory maximum;
the reference in subsection (4)(a) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.
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to enforce the provisions of subsections (2) and (3) of section 20 of the Pharmacy Act 1954 (offences relating to certificates), and
to secure compliance by pharmacists and persons carrying on a retail pharmacy business with the preceding provisions of this Act and with the Poisons Rules;
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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—
enter any registered pharmacy to ascertain whether an offence under section 3A, 3B, 3C or 7(4) has been committed by a pharmacist or a person carrying on a retail pharmacy business;
enter any suspicious premises to ascertain whether either of the following offences has been committed—
an offence under section 3B, or
an offence under section 7(4) in relation to contravention of any regulations that relate solely to regulated poisons.
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to secure compliance by persons, not being persons lawfully conducting a retail pharmacy business, with the preceding provisions of this Act and with the Poisons Rules so far as those provisions and Rules relate to substances included in Part II of the Poisons List, and
to secure compliance with those provisions and Rules by persons lawfully conducting a retail pharmacy business, in so far as that business is carried on at premises which are not a registered pharmacy,
“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.
wilfully delays or obstructs an inspector in the exercise of any powers under this section, or
refuses to allow any sample to be taken in accordance with the provisions of this section, or
fails without reasonable excuse to give any information which he is duly required under this section to give,
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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.
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—
a person's right to apply for a further licence to take effect on expiry of that term, nor
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.
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—
the use intended to be made of the substance,
the availability of alternative substances that would achieve the same purpose,
the proposed arrangements to ensure that the substance is kept securely,
any danger to public safety or public order that may be caused by possession of the substance, and
whether the applicant is a fit and proper person to possess the substance.
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—
storage,
use,
maximum quantities,
maximum levels of concentration, and
reporting of disappearances or thefts.
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—
who may make an application,
the form and manner in which an application is to be made and any documents or evidence that must accompany it,
the amount and payment of any fees,
the supply of any further information or document required to determine an application,
notice and publication of any decision about an application, and
the procedure for an internal review of any such decision.
Any power to make regulations under this Act includes power—
to make different provision for different purposes,
to make consequential, incidental or supplemental provision, and
to make transitional, transitory or saving provision.
Any power to make regulations under this Act is exercisable by statutory instrument.
by order makes amendments or variations in the Poisons List in which the Poisons Board does not concur, or
makes rules under this Act in which the Poisons Board does not concur,
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—
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
a licence granted under relevant Northern Ireland legislation.
“Relevant Northern Ireland legislation” means—
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)),
any legislative instrument that implements the Precursors Regulation in Northern Ireland, and
any legislative instrument that replaces or supersedes (with or without modification) anything falling within paragraph (a) or (b) or this paragraph.
In this section—
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
references to a legislative instrument are to—
an Act or instrument made under an Act, or
any Northern Ireland legislation or instrument made under Northern Ireland legislation.
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a medicinal product as defined by section 130 of the Medicines Act 1968, nor
a substance in relation to which, by virtue of an order under section 104 or section 105 of that Act for the time being in force (and whether, in the case of an order under section 104 of that Act, it is referred to in the order as a substance or as an article), the provisions of sections 51 to 54 and sections 69 to 77 of that Act (whether subject to exceptions and modifications or not and with or without other provisions of that Act) have effect as they have effect in relation to medicinal products as so defined.
In this Act, unless the context otherwise requires, the following expressions have the following meanings, that is to say—
" the board " means, in relation to a body corporate, the persons controlling that body, by whatever name called;
" registered pharmacy " has the meaning assigned to it by section 74 of the Medicines Act 1968;
“dentist” means a person registered in the dentists register kept under the Dentists Act 1984 ...;
“retail pharmacy business” has the meaning assigned to it by regulation 8 of the Human Medicines Regulations 2012 (S.I. 2012/1916) ;
“pharmacist” means a person registered in Part 1 of the register maintained under article 19 of the Pharmacy Order 2010 (pharmacists other than visiting practitioners);
...
“ doctor ” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978
in relation to England . . ., the council of a county metropolitan district, . . . or London borough or the Common Council of the City of London,
" prescribed " means prescribed by the Poisons Rules;
in relation to Scotland, a county council or town council of a large burgh within the meaning of the Local Government (Scotland) Act 1947 (and all other burghs shall be deemed to be within the county);
“Great Britain” includes the territorial sea of the United Kingdom other than the part adjacent to Northern Ireland;
...
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—
an offence under section 3(1),
an offence under section 3A(1), (3) or (4),
an offence under section 3B(1) or (3).
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—
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
it is proved that the substance or mixture in question was that regulated substance.
Where this subsection applies—
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
the accused must be acquitted of the offence charged if—
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
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.
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.
Section 1.
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Section 12.
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.
a director, manager, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity,
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.
a partner, or
any person who was purporting to act in that capacity,
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(4) of this Act as in relation to an indictable offence.
The Secretary of State may by regulations provide—
that some or all of the requirements of this Act do not apply in circumstances specified in the regulations;
that either or both of the exclusions do not apply in circumstances specified in the regulations.
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—
is intended for use for a specified purpose, or
is contained in a specified substance, mixture or article, or
is prepared in a specified manner or form, or
is so intended, contained or prepared and is present in a concentration that is no higher than a specified limit.
Nothing in subsection (2) or (3) is to be read as limiting the provision that may be made under subsection (1).
In this section—
“the exclusions” means the exclusions in section 2 for substances that are medicinal or contained in a specific object,
“the requirements of this Act” means the requirements of section 3, 3A, 3B or 3C or of regulations under section 7,
“specified” includes described,
references to a substance also include a mixture, and
references to a group of substances includes a group comprising all the substances listed in Schedule 1A.
Name of substance and Chemical Abstracts Service Registry number (CAS RN) Concentration limit (weight in weight) Ammonium nitrate (CAS RN 6484-52-2) in concentration of 16% by weight of nitrogen in relation to ammonium nitrate or higher - Hexamine (CAS RN 100-97-0) - Hydrochloric acid (CAS RN 7647-01-0) 10% w/w 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 Phosphoric acid (CAS RN 7664-38-2) 30% 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 Sulfuric acid (CAS RN 7664-93-9) 15% w/w
Name of substance and Chemical Abstracts Service Registry number (CAS RN) Concentration limit (weight in weight) Aluminium phosphide (CAS RN 20859-73-8) Aluminium sulfide (CAS RN 1302-81-4) - Arsenic (CAS RN 7440-38-2); its compounds ... 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) Calcium phosphide (CAS RN 1305-99-3) - Calcium sulfide (CAS RN 20548-54-3) - 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) Magnesium sulfide (CAS RN 12032-36-9) - Mercury (CAS RN 7439-97-6) ; its compounds Oxalic acid (CAS RN 144-62-7) 10% w/w Phenols (phenol; phenolic isomers of the following—cresols, xylenols, monoethylphenols); compounds of phenols with a metal 60% w/w of phenols or, for compounds of phenols with a metal, the equivalent of 60% w/w of phenols Phosphorus, yellow (CAS RN 7223-14-0) Sodium sulfide (CAS RN 1313-82-2) - Strychnine (CAS RN 57-24-9); its salts; its quaternary compounds Thallium (CAS RN 7440-28-0), salts of Zinc phosphide (CAS RN 1314-84-7) - 2,4-Dinitrophenol (CAS RN 51-28-5) and compounds including sodium dinitrophenolate (CAS RN 1011-73-0) -
... ... Acetone (CAS RN 67-64-1) Potassium nitrate (CAS RN 7757-79-1) Sodium nitrate (CAS RN 7631-99-4) Calcium nitrate (CAS RN 10124-37-5) Calcium ammonium nitrate (CAS RN 15245-12-2) ... Aluminium powders (CAS RN 7429-90-5) with a particle size less than 200μm, as a substance or in mixtures containing 70% or more, by weight, of aluminium and/or magnesium Magnesium nitrate hexahydrate (CAS RN 13446-18-9) Magnesium powders (CAS RN 7439-95-4) with a particle size less than 200μm, as a substance or in mixtures containing 70% or more, by weight, of aluminium and/or magnesium Sulfur (CAS RN 7704-34-9)
Name of substance and Chemical Abstracts Service Registry number (CAS RN) Concentration limit (weight in weight or, where specified, total caustic alkalinity) Aldicarb (CAS RN 116-06-3) Alpha-chloralose (CAS RN 15879-93-3) Ammonia (CAS RN 7664-41-7 and CAS RN 1336-21-6) 10% w/w . . . Barium, salts of, the following—barium carbonate; barium silicofluoride Carbofuran (CAS RN 1563-66-2) Cycloheximide (CAS RN 66-81-9) Dinitrocresols (DNOC) (CAS RN 534-52-1); their compounds with a metal or a base Dinoseb (CAS RN 88-85-7); its compounds with a metal or a base Dinoterb (CAS RN 1420-07-1) Drazoxolon; its salts Endosulfan (CAS RN 115-29-7) Endothal (CAS RN 145-73-3); its salts Endrin (CAS RN 72-20-8) Fentin (CAS RN 668-34-8), compounds of Formaldehyde (CAS RN 50-00-0) 5% w/w Formic acid (CAS RN 64-18-6) 25% w/w . . . . . . Hydrofluoric acid (CAS RN 7664-39-3); alkali metal bifluorides; ammonium bifluoride (CAS RN 1341-49-7); alkali metal fluorides; ammonium fluoride (CAS RN 12125-01-8); sodium silicofluoride (CAS RN 16893-85-9) . . . Metallic oxalates Metal phosphides - Metal sulfides and polysulfides - Methomyl (CAS RN 16752-77-5) Nicotine (CAS RN 54-11-5); its salts; its quaternary compounds Nitrobenzene (CAS RN 98-95-3) 0.1% w/w Oxamyl (CAS RN 23135-22-0) Paraquat (CAS RN 4685-14-7), salts of Phenols (as defined in Part 2 of this Schedule) in substances containing no more than 60%, weight in weight, of phenols; compounds of phenols with a metal in substances containing no more than the equivalent of 60%, weight in weight, of phenols . . . Phosphorus compounds, the following—azinphos-methyl, chlorfenvinphos, demephion, demeton-S-methyl, demeton-S-methyl sulphone, dialifos, dichlorvos, dioxathion, disulfoton, fonofos, mecarbam, mephosfolan, methidathion, mevinphos, omethoate, oxydemeton-methyl, parathion, phenkapton, phorate, phosphamidon, pirimiphos-ethyl, quinalphos, thiometon, thionazin, triazophos, vamidothion Potassium hydroxide (CAS RN 1310-58-3) 17% of total caustic alkalinity Sodium hydroxide (CAS RN 1310-73-2) 12% of total caustic alkalinity Sodium hypochlorite (CAS RN 7681-52-9) solutions above 6% available chlorine - Sodium nitrite Thiofanox (CAS RN 39196-18-4) . . . Note: for circumstances where requirements of this Act do not apply to a specified substance or mixture, see regulations made under section 9B.