Poisons Act 1972

• (ii) any Northern Ireland legislation or instrument made under Northern Ireland legislation.

7

• (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.

7A

• (1) This section applies to the following offences—

• (a) an offence under section 3(1),

• (b) an offence under section 3A(1), (3) or (4),

• (c) an offence under section 3B(1) or (3).

• (2) In any proceedings for an offence to which this section applies, it is a defence for the accused to prove that the accused neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution that it is necessary for the prosecution to prove if the accused is to be convicted of the offence charged.

• (3) This is subject to subsection (5).

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

• (a) it is necessary, if the accused is to be convicted of the offence charged, for the prosecution to prove that some substance or mixture involved in the alleged offence was the regulated substance that the prosecution allege it to have been, and

• (b) it is proved that the substance or mixture in question was that regulated substance.

• (5) Where this subsection applies—

• (a) the accused must not be acquitted of the offence charged by reason only of proving that the accused neither knew nor suspected nor had reason to suspect that the substance or mixture was the particular regulated substance alleged, but

• (b) the accused must be acquitted of the offence charged if—

• (i) the accused proves that the accused neither believed nor suspected nor had reason to suspect that the substance or mixture was a regulated substance, or

• (ii) the accused proves that the accused believed the substance or mixture to be a regulated substance such that, if it had in fact been that regulated substance, the accused would not at the material time have been committing any offence to which this section applies.

• (6) Nothing in this section affects any defence that it is open to a person accused of an offence to which this section applies to raise apart from this section.

8

• (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.

8A

• (1) If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) a director, manager, secretary or other similar officer of the body corporate, or

• (b) any person who was purporting to act in any such capacity,

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

• (2) The reference in subsection (1) to a director, in relation to a body corporate whose affairs are managed by its members, is a reference to a member of the body corporate.

• (3) If an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) a partner, or

• (b) any person who was purporting to act in that capacity,

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

Power to disapply requirements or exclusions in specified circumstances

9A

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.

9B

• (1) The Secretary of State may by regulations provide—

• (a) that some or all of the requirements of this Act do not apply in circumstances specified in the regulations;

• (b) that either or both of the exclusions do not apply in circumstances specified in the regulations.

• (2) The power in subsection (1) may be exercised in relation to a substance or group of substances, in relation to persons or a class of persons or in any other way.

• (3) When exercising the power in relation to a substance or group of substances, the regulations may for example provide that the requirements or exclusions in question do not apply to the substance, or substances in the group, where the substance—

• (a) is intended for use for a specified purpose, or

• (b) is contained in a specified substance, mixture or article, or

• (c) is prepared in a specified manner or form, or

• (d) is so intended, contained or prepared and is present in a concentration that is no higher than a specified limit.

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

• (5) In this section—

• (a) “the exclusions” means the exclusions in section 2 for substances that are medicinal or contained in a specific object,

• (b) “the requirements of this Act” means the requirements of section 3, 3A, 3B or 3C or of regulations under section 7,

• (c) “specified” includes described,

• (d) references to a substance also include a mixture, and

• (e) references to a group of substances includes a group comprising all the substances listed in Schedule 1A.

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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.

Repeals and consequential provisions.

Short title and extent.

SCHEDULE 1A

PART 1 — Regulated explosives precursors

PART 2 — Regulated poisons

PART 3 — Reportable explosives precursors

PART 4 — Reportable poisons

Commencement and transitional provisions.