Poisons Act 1972

Poisons Board

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Poisons List

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• (1) This section defines some key terms used in this Act.

• (2) “Regulated substance” means a regulated explosives precursor or regulated poison.

• (3) Subject to subsection (4), a “regulated explosives precursor”—

• (a) is a substance listed in Part 1 of Schedule 1A in a concentration higher than the limit set out for that substance in that Part, and

• (b) includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit,

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

• (4) For the purposes of section 3C however, and the meaning of “regulated substance” in or in relation to that section, a

“regulated explosives precursor”— (c) is a substance listed in Part 1 of Schedule 1A, and (d) includes a mixture or another substance in which a substance listed in that Part is present, but, in each case, only if the substance or mixture is not excluded.

• (5) A “regulated poison”—

• (a) is a substance listed in Part 2 of Schedule 1A in a concentration higher than the limit (if any) set out for that substance in that Part, and

• (b) includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit,

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

• (6) “Reportable substance” means a reportable explosives precursor or a reportable poison.

• (7) A “reportable explosives precursor”—

• (a) is a substance listed in Part 3 of Schedule 1A, and

• (b) includes a mixture or another substance in which a substance listed in that Part is present,

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

• (8) A “reportable poison”—

• (a) 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

• (b) includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit,

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

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

• (a) it is medicinal, or

• (b) it is contained in a specific object.

• (10) A substance or mixture is “medicinal” if it is—

• (a) a medicinal product as defined by regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916),

• (b) an investigational medicinal product as defined by regulation 2 of the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031),

• (c) a substance to which Part 12 of the Human Medicines Regulations 2012 or Part 6 of the Medicines for Human Use (Clinical Trials) Regulations 2004 applies by virtue of an order under section 104 or 105 of the Medicines Act 1968 (whether applying subject to exceptions and modifications or not and, in the case of an order under section 104, whether the substance is referred to in the order as a substance or an article), or

• (d) a veterinary medicinal product as defined by regulation 2 of the Veterinary Medicines Regulations 2013 (S.I. 2013/2033).

• (11) A “specific object” is—

• (a) an object that, during production, is given a special shape, surface or design that determines its function to a greater degree than does its chemical composition, or

• (b) an article that contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions, including—

• (i) pyrotechnic equipment falling within the scope of Council Directive 96/98/EC on marine equipment, and

• (ii) percussion caps intended specifically for toys falling within the scope of Council Directive 88/378/EEC concerning the safety of toys.

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

Regulation of sale of poisons

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• (1) A member of the general public commits an offence if he or she does anything listed in subsection (2) without having a licence, or a recognised non-GB licence, to do that thing with respect to that substance.

• (2) The things are—

• (a) importing a regulated substance,

• (b) acquiring a regulated substance,

• (c) possessing a regulated substance,

• (d) using a regulated substance.

• (3) For the purposes of this section—

• (a) “acquiring” means taking into your possession, custody or control,

• (b) “importing” means bringing into Great Britain from a country or territory outside the United Kingdom,

• (c) “member of the general public” means an individual who is acting (alone or with others) for purposes not connected with his or her trade, business or profession or the performance by him or her of a public function,

• (d) “possessing” means having in your possession, custody or control, and

• (e) “using” includes processing, formulating, storing, treating or mixing, including in the production of an article.

• (4) A member of the general public does not commit an offence under subsection (1) if the requirements of this section do not apply to his or her case by virtue of regulations made under section 9B.

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

Exclusion of sales by wholesale and certain other sales

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Lists of persons entitled to sell poisons in Part II of Poisons List

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Supplementary provisions as to local authorities' lists

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Poisons Rules

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• (1) The Secretary of State may make provision by regulations about—

• (a) the importation, supply, acquisition, possession or use of substances by or to any person or class of person,

• (b) the storage, transportation and labelling of substances,

• (c) the containers in which substances may be supplied,

• (d) the addition to substances of specified ingredients for the purpose of rendering them readily distinguishable as such,

• (e) the compounding of substances, and the supply of substances on and in accordance with a prescription duly given by a doctor, a dentist, a veterinary surgeon or a veterinary practitioner, or

• (f) the period for which any records required to be kept for the purposes of this Act are to be preserved.

• (2) 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.

• (3) 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).

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

• (5) 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.

• (6) References in this section to “substances” are to regulated substances and reportable substances.

Penalties

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

• (a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both);

• (b) on summary conviction—

• (i) in England and Wales, to imprisonment for a term not exceeding 3 months or to a fine (or both),

• (ii) in Scotland, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum (or both).

• (2) A person guilty of an offence under section 3A(3) or (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (3) A person guilty of an offence under section 3B(3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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

• (a) in England and Wales, to imprisonment for a term not exceeding 3 months or to a fine (or both);

• (b) in Scotland, to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale (or both).

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

• (a) to a fine not exceeding level 4 on the standard scale, and

• (b) in the case of a continuing offence, to a further fine not exceeding one-tenth of level 4 on the standard scale for every day subsequent to the day on which the person is convicted of the offence during which the contravention or default continues.

• (6) 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—

• (a) it is not a defence that the employee acted without the authority of the employer, and

• (b) any material fact known to the employee is deemed to have been known to the employer.

• (7) Notwithstanding any provision in any Act, or Act of the Scottish Parliament, prescribing the period within which summary proceedings may be commenced, proceedings for an offence under section 3A(3) or (4), 3B(3), 3C(8) or 7(4) may be commenced at any time—

• (a) within the period of 12 months next after the date of commission of the offence, or

• (b) in the case of proceedings instituted by, or by the direction of, the Secretary of State, within the later to end of—

• (i) that 12-month period, and

• (ii) the period of 3 months next after the date on which evidence sufficient in the Secretary of State's opinion to justify a prosecution for the offence comes to the Secretary of State's knowledge.

• (8) For the purposes of subsection (7)(b)(ii), a certificate purporting to be signed by the Secretary of State as to the date on which such evidence came to the Secretary of State's knowledge is to be conclusive evidence of that fact.

• (9) A document purporting to be a certificate signed by a person specified in subsection (10) stating the result of an analysis made by that person is admissible in any proceedings under this Act as evidence of the matters stated in the certificate, but either party may require the person to be called as a witness.

• (10) The persons are—

• (a) a public analyst appointed under section 27 of the Food Safety Act 1990, or

• (b) a person appointed by the Secretary of State to make analyses for the purposes of this Act.

• (11) In the application of this section to Scotland, subsections (7) and (8) have effect as if the references to the Secretary of State were references to the Lord Advocate.

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

• (a) 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;

• (b) 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.

Inspection and enforcement

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (a) enter any registered pharmacy to ascertain whether an offence under section 3A, 3B, 3C or 7(4) has been committed by a pharmacist or a person carrying on a retail pharmacy business;

• (b) enter any suspicious premises to ascertain whether either of the following offences has been committed—

• (i) an offence under section 3B, or

• (ii) an offence under section 7(4) in relation to contravention of any regulations that relate solely to regulated poisons.

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

• (4B) An inspector appointed by the General Pharmaceutical Council under article 8(1) of the Pharmacy Order 2010 may also make such examination and inquiry and do such other things (including the taking, on payment, of samples) as may be necessary for ascertaining any of the things mentioned in subsection (4)(a) and (b).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) If a person—

• (a) wilfully delays or obstructs an inspector in the exercise of any powers under this section, or

• (b) refuses to allow any sample to be taken in accordance with the provisions of this section, or

• (c) fails without reasonable excuse to give any information which he is duly required under this section to give,

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

• (9) 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.

Orders and rules

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• (1) Any power to make regulations under this Act includes power—

• (a) to make different provision for different purposes,

• (b) to make consequential, incidental or supplemental provision, and

• (c) to make transitional, transitory or saving provision.

• (2) Any power to make regulations under this Act is exercisable by statutory instrument.

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

Interpretation

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• ...

• “dentist” means a person registered in the dentists register kept under the Dentists Act 1984 ...;

• “ doctor ” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978

• “Great Britain” includes the territorial sea of the United Kingdom other than the part adjacent to Northern Ireland;

• “licence” (other than in the expression “recognised non-GB licence” and in section 4B) means a licence granted under section 4A;

• “local authority” means—in relation to England . . ., the council of a county metropolitan district, . . . or London borough or the Common Council of the City of London,in relation to Wales, the council of a county or county borough, and in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

• ...

• “member of the general public” has the meaning given in section 3;

• “mixture” means a mixture or solution composed of two or more substances;

• “person lawfully conducting a retail pharmacy business” shall be construed in accordance with section 69 of the Medicines Act 1968;

• “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);

• ...

• ...

• “recognised non-GB licence” has the meaning given in section 4B;

• “registered pharmacy” has the meaning assigned to it by section 74 of the Medicines Act 1968;

• “regulated substance”, “regulated explosives precursor” and “regulated poison” have the meanings given in section 2;

• “reportable substance”, “reportable explosives precursor” and “reportable poison” have the meanings given in section 2;

• “retail pharmacy business” has the meaning assigned to it by regulation 8 of the Human Medicines Regulations 2012 (S.I. 2012/1916) ;

• ...

• “substance” means a chemical element and its compounds in the natural state or obtained by any manufacturing process— including any additive necessary to preserve its stability and any impurity deriving from the process used, butexcluding any solvent that may be separated without affecting the stability of the substance or changing its composition;

• “veterinary practitioner” means a person registered in the supplementary veterinary register kept under section 8 of the Veterinary Surgeons Act 1966;

• “veterinary surgeon” means a person registered in the register of veterinary surgeons kept under section 2 of the Veterinary Surgeons Act 1966.

• (3) In relation to a regulated substance or a reportable substance, any reference to the substance is a reference to the substance or the mixture, as the case may be.