Deregulation Act 2015

In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and other further education establishments), in subsection (3)(f), omit “or the Chief Executive of Skills Funding”.

Employment Act 1988 (c.19)

34

In section 26 of the Employment Act 1988 (status of trainees etc), in subsection (1A), omit paragraph (b) (but not the “or” following it).

Education Reform Act 1988 (c.40)

35

In section 128 of the Education Reform Act 1988 (dissolution of higher education corporations), in subsection (1), omit paragraph (b)(iia).

Further and Higher Education Act 1992 (c.13)

36

The Further and Higher Education Act 1992 is amended as follows.

37

In section 54 (duty to give information), in subsection (1)—

• (a) for “the Chief Executive of Skills Funding” substitute “ the Secretary of State ”;

• (b) for “as the Chief Executive” substitute “ as the Secretary of State ”;

• (c) for the words from “for the purposes of” to “or (as the case may be)” substitute “ for the purposes of the exercise of any of the functions of the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 or (as the case may be) for the purposes of the exercise of any of the functions of ”.

38

Omit section 61A (references to appropriate bodies).

39

In section 82 (joint exercise of functions), in subsection (3)(a), omit “the Chief Executive of Skills Funding,”.

40

In section 83 (efficiency studies), in the Table inserted by subsection (1B), in the first column, for “The Chief Executive of Skills Funding” substitute “ The Secretary of State ”.

Value Added Tax Act 1994 (c.23)

41

• (1) In Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemptions), Group 6 is amended as follows.

• (2) In item 5A, omit paragraph (b), and the “or” following it.

• (3) After item 5B insert—

(5C) The provision of education or vocational training and the supply, by the person providing that education or training, of any goods or services essential to that provision, to persons who are aged 19 or over, to the extent that the consideration payable is ultimately a charge to funds provided by the Secretary of State in exercise of functions under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009.

• (4) In the Notes to Group 6, in Note (5A), for “and 5B” substitute “ to 5C ”.

Education Act 1996 (c.56)

42

The Education Act 1996 is amended as follows.

43

In section 13 (general responsibility for education), in subsection (2)(a), for “the Chief Executive of Skills Funding” substitute “ the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 ”.

44

In section 15ZA (duty in respect of education and training for persons over compulsory school age: England), in subsection (5), for “the Chief Executive of Skills Funding” substitute “ the Secretary of State ”.

Learning and Skills Act 2000 (c.21)

45

In section 144 of the Learning and Skills Act 2000 (designated institutions: disposal of land, &c), in subsection (9)—

• (a) in paragraph (a), omit “for the purposes of a sixth form college”;

• (b) omit paragraph (aa).

Education Act 2002 (c.32)

46

In section 183 of the Education Act 2002 (transfer of functions relating to allowances under section 181), in subsection (1)—

• (a) omit paragraph (a);

• (b) omit the “or” at the end of paragraph (aa).

Education Act 2005 (c.18)

47

The Education Act 2005 is amended as follows.

48

In section 92 (joint exercise of functions), in subsection (2), omit “, the Chief Executive of Skills Funding”.

49

In section 108 (supply of information: education maintenance allowances), in subsection (3), omit paragraph (b).

Education and Inspections Act 2006 (c.40)

50

The Education and Inspections Act 2006 is amended as follows.

51

In section 123 (education and training to which this Chapter applies), in subsection (1), in each of paragraphs (b), (c) and (g), omit “or the Chief Executive”.

52

In section 124 (inspection of education and training to which this Chapter applies), in subsection (5), omit paragraph (ba).

53

In section 125 (inspection of further education institutions), in subsection (5), omit paragraph (ba) (but not the “and” following it).

54

In section 126 (other inspections), in subsection (4), omit paragraph (ba).

55

In section 128 (area inspections), in subsection (3), omit paragraph (aa) (but not the “or” following it).

56

In section 129 (reports of area inspections), in subsection (2), omit paragraph (ba) (but not the “and” following it).

57

• (1) Section 130 (action plans following area inspections) is amended as follows.

• (2) Omit subsection (2).

• (3) In subsection (4)—

• (a) omit “(2) or”;

• (b) omit “the Chief Executive or”.

• (4) In subsection (5), omit “Chief Executive or the”.

58

In section 159 (interpretation of Part 8), in subsection (1), omit the definition of “the Chief Executive”.

Local Government and Public Involvement in Health Act 2007 (c.28)

59

In section 104 of the Local Government and Public Involvement in Health Act 2007 (application of Chapter: partner authorities), in subsection (4), omit paragraph (f).

Education and Skills Act 2008 (c.25)

60

The Education and Skills Act 2008 is amended as follows.

61

In section 13 (notification of non-compliance with duty imposed by section 2), in subsection (5), in paragraph (f) of the definition of “educational institution”, for “, the Secretary of State or the Chief Executive of Skills Funding” substitute “ or the Secretary of State ”.

62

In section 72 (educational institutions), in subsection (5), in paragraph (f) of the definition of “educational institution”, for “the Secretary of State or the Chief Executive of Skills Funding” substitute “ or the Secretary of State ”.

63

In section 77 (supply of information by public bodies), omit subsection (2)(ba).

64

In section 132 (providers of independent education or training for 16 to 18 year olds), in subsection (2)(b)(iv), omit “or the Chief Executive of Skills Funding”.

Education Act 2011 (c.21)

65

In the Education Act 2011, omit the following—

• (a) section 30(8);

• (b) section 70;

• (c) section 72;

• (d) in Schedule 18, paragraphs 4 and 6.

SCHEDULE 15

PART 1 — Measures applying to England and Wales

Control of interest rates on loans

1

In the Further Education Act 1985, omit section 3 (which confers powers on the Secretary of State and the Welsh Ministers to determine the minimum rate of interest on loans made under that Act by local authorities to certain bodies providing education etc).

Powers of Secretary of State in relation to local authority maintained institutions

2

• (1) The Education (No. 2) Act 1986 is amended as follows.

• (2) Omit section 61 (which makes provision about the minimum age for governors of higher or further education institutions maintained by local authorities and about the participation of students in proceedings of governing bodies of such institutions).

• (3) Omit section 62 (which confers powers on the Secretary of State and the Welsh Ministers to make provision by regulations requiring governing bodies of higher or further education institutions maintained by local authorities to make documents and information relating to the governing bodies available).

3

• (1) The Education Reform Act 1988 is amended as follows.

• (2) Omit section 158 (which requires the governing bodies of institutions providing full-time education which are maintained by local authorities in the exercise of their higher or further education functions to make reports and returns etc to the Secretary of State or the Welsh Ministers on request).

• (3) Omit section 159 (which confers powers on the Secretary of State and the Welsh Ministers to make provision by regulations requiring local authorities to publish information relating to institutions providing full-time education which are maintained by the authorities in the exercise of their higher or further education functions).

• (4) Omit section 219 (which confers default powers etc on the Secretary of State and the Welsh Ministers in relation to governing bodies of institutions maintained by local authorities and providing higher or further education).

Transfer of property etc

4

• (1) The Further and Higher Education Act 1992 is amended as follows.

• (2) Omit sections 23 to 26 (which make provision about the transfer of property etc to further education corporations established to conduct certain other institutions in the education sector).

• (3) Omit sections 32 and 33 (which make provision about the transfer of property etc to institutions designated under section 28 of the 1992 Act).

• (4) Omit section 34 (which confers power on the Secretary of State and the Welsh Ministers by order to provide for property of a local authority to be made available for use by institutions within the further education sector).

• (5) In consequence of sub-paragraphs (2) to (4)—

• (a) in section 19(4)(c), for “23” substitute “ 27 ”;

• (b) omit section 35;

• (c) omit section 36;

• (d) omit section 38;

• (e) omit section 58;

• (f) in section 84—

• (i) in subsection (1)(a), omit “Part 1 of this Act or”;

• (ii) in subsection (2), omit “Part 1 of this Act or, as the case may be,”;

• (g) in section 88(1)—

• (i) omit “23, 25,”;

• (ii) omit “32,”;

• (h) in section 88A(1)—

• (i) omit “25,”;

• (ii) omit “32,”;

• (i) omit Schedule 5.

PART 2 — Measures applying to England only

Control of governance of designated institutions conducted by companies

5

• (1) Section 31 of the Further and Higher Education Act 1992 (which confers powers on the Secretary of State and the Welsh Ministers to give directions for the purpose of securing that the articles of association etc of institutions designated under section 28 of that Act and conducted by companies are amended as specified in the directions) ceases to have effect in relation to England.

• (2) Accordingly, in section 31(1), after “designated institution”, insert “ in Wales ”.

Conversion of sixth form college corporations into further education corporations

6

In section 33D of the Further and Higher Education Act 1992 (conversion of sixth form college corporations into further education corporations)—

• (a) omit subsection (2)(b) (which confers power on the Secretary of State to covert a sixth form college corporation established in England into a further education corporation if satisfied that it is no longer appropriate for the body to be a sixth form college corporation), and the “or” before it;

• (b) omit subsection (4) (which makes provision about consultation before the exercise of the power for that purpose).

Powers of Secretary of State in relation to local authority maintained institutions

7

In section 56A of the Further and Higher Education Act 1992 (intervention powers of the Secretary of State in relation to England), for subsection (1) substitute—

(1) This section applies if the Secretary of State is satisfied as to one or more of the matters listed in subsection (2) in the case of— (a) an institution in England within the further education sector, other than a sixth form college, or (b) an institution in England which is maintained by a local authority and provides further education, other than an institution within the higher education sector, and, in either case, it is immaterial whether or not a complaint is made by any person.

Regulation of qualification requirements for teaching staff and principals

8

• (1) The following provisions of the Education Act 2002 cease to have effect in relation to England—

• (a) section 136(a) (which allows regulations to be made prohibiting the provision of education at a further education institution by a person who does not have a specified qualification);

• (b) section 136(b) (which allows regulations to be made prohibiting the provision of education at a further education institution by a person unless the person is serving or has served a probationary period);

• (c) section 137 (which allows regulations to be made providing that a person may serve as the principal of a further education institution only if the person has a specified qualification);

• (d) section 138 (which makes further provision for the purposes of sections 136 and 137).

• (2) Accordingly, those provisions are amended as follows—

• (a) in section 136(a), after “further education institution” insert “ in Wales ”;

• (b) in section 136(b), after “further education institution” insert “ in Wales ”;

• (c) in section 137(1), after “further education institution” insert “ in Wales ”;

• (d) in section 138, omit subsection (2).

SCHEDULE 16

Responsibility for determining behaviour policy

1

• (1) Section 88 of the Education and Inspections Act 2006 (responsibility of governing body for discipline) is amended as follows.

• (2) Before subsection (1) insert—

(A1) The governing body of a relevant school in England must ensure that the head teacher determines measures under section 89(1).

• (3) In subsection (1), after “relevant school” insert “ in Wales ”.

• (4) In subsection (2), after “governing body” insert “ of a relevant school in Wales ”.

• (5) In subsection (4)—

• (a) omit paragraph (a), and the “and” following it;

• (b) in paragraph (b), omit “in relation to Wales,”.

• (6) In consequence of the amendments made to section 88, in section 89 of the 2006 Act (determination by head teacher of behaviour policy)—

• (a) omit subsection (2);

• (b) in subsection (3), omit “, so far as it is not determined by the governing body”.

Home-school agreements

2

• (1) Omit sections 110 and 111 of the School Standards and Framework Act 1998 (which require the governing bodies of certain schools to adopt home-school agreements), and the italic cross-heading before those sections.

• (2) In consequence of sub-paragraph (1)—

• (a) in section 138(4)(a) of that Act, omit “, 110(10)”;

• (b) in the Learning and Skills Act 2000, in Schedule 9, omit paragraph 85;

• (c) in the Education Act 2002, in Schedule 7, omit paragraph 9;

• (d) in the Education Act 2011, in Schedule 13, omit paragraph 10(9).

Determining school terms

3

• (1) Section 32 of the Education Act 2002 (responsibility for fixing dates of terms and holidays and times of sessions) is amended as follows.

• (2) Omit subsection (1).

• (3) In subsection (2), for the words from “In the case of” to “governing body” substitute “ The governing body of a maintained school in England ”.

• (4) In subsection (3), in paragraph (a), for “a school within subsection (1)” substitute “ a community, voluntary controlled or community special school in England ”.

Staffing matters

4

• (1) Section 35(8) of the Education Act 2002 (which requires local authorities etc to have regard to guidance in relation to certain staffing matters at community, voluntary controlled and community special schools and maintained nursery schools) ceases to have effect in relation to schools in England.

• (2) Accordingly, in section 35(8)—

• (a) after “local authority” insert “ in Wales ”;

• (b) after “maintained school” insert “ in Wales ”;

• (c) omit paragraph (a) and the “or” following it;

• (d) in paragraph (b), omit “in relation to Wales,”.

5

• (1) Section 36(8) of the Education Act 2002 (which requires local authorities etc to have regard to guidance in relation to certain staffing matters at foundation, voluntary aided and foundation special schools) ceases to have effect in relation to schools in England.

• (2) Accordingly, in section 36(8)—

• (a) after “local authority” insert “ in Wales ”;

• (b) after “maintained school” insert “ in Wales ”;

• (c) omit paragraph (a) and the “or” following it;

• (d) in paragraph (b), omit “in relation to Wales,”.

Publication of reports

6

• (1) The Education Act 2005 is amended in accordance with sub-paragraphs (2) to (4).

• (2) Omit the following provisions—

• (a) section 11C(4) (provision of copies of reports relating to the investigation of certain complaints about schools);

• (b) section 14A(4) (publication, and provision of copies, of interim statements about maintained schools).

• (3) In section 14, for subsection (4) (publication, and provision of copies, of reports of certain general school inspections) substitute—

(4) The appropriate authority must take such steps as are reasonably practicable, within such period following the receipt by it of the report as may be prescribed, to secure that every registered parent of a registered pupil at the school is informed of the overall assessment contained in the report of the quality of education provided in the school.

• (4) In section 49, for subsection (4) (publication, and provision of copies, of reports relating to denominational education and collective worship at certain schools) substitute—

(4) The governing body must take such steps as are reasonably practicable, within such period following the receipt by it of the report as may be prescribed, to secure that every registered parent of a registered pupil at the school is informed of the overall assessment contained in the report of— (a) the quality of the denominational education provided by the school, and (b) the content of the school's collective worship.

• (5) In Schedule 4 to the School Information (England) Regulations 2008 (S.I. 2008/3093) (specified information to be provided on a school's website), after paragraph 3 insert—

(3A) Where the school is a voluntary or foundation school which has been designated under section 69(3) of the School Standards and Framework Act 1998 as having a religious character, information as to where and by what means parents may access the most recent report about the school sent to the governing body under section 49 of the Education Act 2005.

SCHEDULE 17

SCHEDULE 18

Licensing Act 2003 (c. 17)

1

The Licensing Act 2003 is amended as follows.

2

In section 10 (sub-delegation of functions by licensing committee etc), omit subsection (4)(a)(xi).

3

In section 115 (period of validity of personal licence), omit subsection (2)(b) and (c).

4

• (1) In the italic heading before section 117 (application for grant or renewal of personal licence), omit “and renewal”.

• (2) In the heading, omit “or renewal”.

• (3) Omit subsection (1).

• (4) In subsection (2), after “An application” insert “ by an individual ”.

• (5) Omit subsections (3), (4) and (6).

5

Omit section 119 (licence continued pending renewal).

6

Omit section 121 (determination of application for renewal).

7

• (1) Section 122 (notification of determinations) is amended as follows.

• (2) In subsection (3), in the definition of “application” omit “or renewal”.

• (3) In the definition of “objection notice” in that subsection, omit “or 121, as the case may be”.

8

In section 123 (duty to notify licensing authority of convictions during application period), omit “or renewal” in subsections (1) and (4)(a).

9

• (1) Section 124 (convictions coming to light after grant or renewal) is amended as follows.

• (2) In the heading, omit “or renewal”.

• (3) In subsection (1), omit “or renewed”.

• (4) In subsection (7), omit “or renewal” (in each place where it occurs).

10

In section 128 (duty to notify court of personal licence), omit subsection (5)(a) and (c).

11

In section 134 (licensing authority's duty to update licence document), in subsection (1)(a), omit “121 or”.

12

In section 158 (false statements made for the purpose of the Licensing Act), in subsection (1)(d), omit “or renewal”.

13

In Schedule 3 (matters to be entered in licensing register), in paragraph (w), omit “or renewal”.

14

• (1) In Schedule 5 (appeals), paragraph 17 is amended as follows.

• (2) In sub-paragraph (1), omit paragraph (b) and the “, or” at the end of paragraph (a).

• (3) Omit sub-paragraph (3).

• (4) In sub-paragraph (5), omit “or renewal”.

• (5) Omit sub-paragraphs (9) to (11).

Police Reform and Social Responsibility Act 2011 (c. 13)

15

In section 111 of the Police Reform and Social Responsibility Act 2011 (which makes an amendment to section 121 of the Licensing Act 2003, repealed by paragraph 6 above), omit subsection (4).

SCHEDULE 19

Administration of Justice Act 1985 (c. 61)

1

The Administration of Justice Act 1985 is amended as follows.

2

• (1) In section 16 (conditional licences), subsection (1) is amended as follows.

• (2) For paragraph (b) substitute—

(b) when conditions under this section have been imposed on a licence under this Part previously issued to him; (ba) when conditions under paragraph 5 of Schedule 8 to the Courts and Legal Services Act 1990 have been imposed on a licence under section 53 of that Act previously issued to him;

.

• (3) In paragraph (c), after “Part” insert “ or a licence in force under section 53 of the Courts and Legal Services Act 1990 ”.

• (4) In paragraph (ca), after “24A” insert “ (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ”.

• (5) In paragraph (d), after “26” insert “ (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ”.

• (6) In paragraph (ea), after “22” insert “ (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ”.

3

• (1) Section 26 (proceedings in disciplinary cases) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a), after “licence” insert “ under this Part ”;

• (b) in paragraph (b), for “a licence under this Part” substitute “ any relevant licence ”;

• (c) in paragraph (c), after “licence” insert “ under this Part ”.

• (3) After subsection (8) insert—

(9) In this section “relevant licence” means— (a) a licence under this Part, or (b) a licence under section 53 of the Courts and Legal Services Act 1990.

4

• (1) Section 28 (revocation of licence on grounds of fraud or error) is amended as follows.

• (2) In subsection (1)—

• (a) after “a licence” insert “ under this Part ”;

• (b) for “the licence” substitute “ all of the relevant licences held by that person ”.

• (3) For subsection (2) substitute—

(2) Where a person has had any relevant licence which was held by him revoked because of fraud on that person's part, the person may not be issued with a licence under this Part except on the advice of the Committee given to the Council as the result of an application made by the person to the Committee.

• (4) In subsection (3), for “a licence under this Part” substitute “ any relevant licence ”.

• (5) After subsection (6) insert—

(7) In this section “relevant licence” has the meaning given by section 26.

5

• (1) Section 33A (administration of oaths by licensed conveyancers) is amended as follows.

• (2) In the heading, after “conveyancers” insert “ or licensed CLC practitioners ”.

• (3) In the section, after “conveyancers” insert “ or licensed CLC practitioners ”.

6

• (1) Section 34 (modification of existing enactments relating to conveyancing etc) is amended as follows.

• (2) In subsection (2), after “a recognised body” insert “ which is a conveyancing services body ”.

• (3) In subsection (2), after “conveyancer or” (in the second place it occurs) insert “ such a ”.

• (4) In subsection (3), after “body” insert “ which is a conveyancing services body ”.

• (5) After subsection (3) insert—

(4) In this section “conveyancing services body” has the meaning given by section 32A.

7

In section 39 (interpretation of Part 2), in subsection (1), at the appropriate place insert—

“licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under section 53 of the Courts and Legal Services Act 1990;

.

8

In Schedule 3 (the Council for Licensed Conveyancers: supplementary provisions), in paragraph 2 (constitution of the Council), in sub-paragraph (1)(a)—

• (a) omit the “or” at the end of sub-paragraph (i);

• (b) after sub-paragraph (i) insert—

(ia) licensed CLC practitioners; or

.

9

• (1) Schedule 6 (bodies recognised under section 32: supplementary provisions) is amended as follows.

• (2) In paragraph 3 (preliminary investigation by the Investigating Committee etc)—

• (a) omit the “or” at the end of sub-paragraph (1)(a)(ii);

• (b) after sub-paragraph (1)(aa) insert—

(aaa) it is alleged that a manager or employee of a recognised body who is not a licensed CLC practitioner has failed to comply with any rules applicable to him by virtue of section 32; or

.

• (3) In paragraph 3A (orders made by the Investigating Committee), in sub-paragraph (1)(b)—

• (a) after “3(1)(aa)” insert “ or (aaa) ”;

• (b) for “that paragraph” substitute “ paragraph 3(1)(aa) or (aaa) (as the case may be) ”.

• (4) In paragraph 4 (orders made by the Discipline and Appeals Committee), in sub-paragraph (2A)—

• (a) after “3(1)(aa)” insert “ or (aaa) ”;

• (b) for “sub-paragraph (ii) of that paragraph” substitute “ paragraph 3(1)(aa) or (aaa) (as the case may be) ”.

• (5) In paragraph 14 (examination of files), in sub-paragraph (1), after “(aa)” insert “ , (aaa) ”.

Courts and Legal Services Act 1990 (c. 41)

10

The Courts and Legal Services Act 1990 is amended as follows.

11

In section 75 (judges etc barred from legal practice), in paragraph (c), for “or licensed conveyancer” substitute “ , licensed conveyancer or licensed CLC practitioner ”.

12

In section 119 (interpretation), in subsection (1), at the appropriate place insert—

“licensed CLC practitioner” has the meaning given in section 53;

.

13

• (1) Schedule 8 (licensed conveyancers) is amended as follows.

• (2) In the heading, after “CONVEYANCERS” insert “ AND LICENSED CLC PRACTITIONERS ”.

• (3) In paragraph 1 (general)—

• (a) for the definition of “advocacy licence” substitute—

“advocacy licence”, “litigation licence” and “probate licence” have the meaning given by section 53;

;

• (b) omit the definitions of—

• (i) “litigation licence”, and

• (ii) “probate licence”.

• (4) In paragraph 4 (issue of licences), in sub-paragraph (3), for the words from “with respect” to “as they” substitute

with respect to— (a) any application under paragraph 3 for an advocacy licence and any advocacy licence in force under section 53; (b) any application under paragraph 3 for a litigation licence and any litigation licence in force under section 53; and (c) any application under paragraph 3 for a probate licence and any probate licence in force under section 53 (as the case may be), as they

.

• (5) In paragraph 5 (conditional licences)—

• (a) for sub-paragraph (1)(b) substitute—

(b) when conditions under this paragraph have been imposed on an advocacy, litigation or probate licence previously issued to him; (ba) when conditions under section 16 of the Act of 1985 have been imposed on a licence under Part 2 of the Act of 1985 previously issued to him;

;

• (b) in sub-paragraph (1)(c), for “a licence of that kind” substitute “ an advocacy, litigation or probate licence or a licence under Part 2 of the Act of 1985 ”;

• (c) in sub-paragraph (1)(d)—

• (i) after “1985” insert “ (including section 24A(1) as applied by section 53) ”;

• (ii) after “that Act” insert “ (including section 26(1) as applied by section 53) ”;

• (d) in sub-paragraph (6), omit the “or” after paragraph (a);

• (e) in sub-paragraph (6)(b), at the beginning insert “ in the case of an applicant who is a licensed conveyancer, ”;

• (f) after sub-paragraph (6)(b) insert

; or (c) for requiring the applicant to take any specified steps that will, in the opinion of the Council, be conducive to his carrying on an efficient practice as a licensed CLC practitioner,

;

• (g) in sub-paragraph (6), after “paragraph (b)” insert “ or (c) ”.

• (6) After paragraph 6 insert—

(6A) (1) The Council must establish and maintain, in such form as the Council may determine, a register containing the names and places of business of all persons who for the time being hold an advocacy, litigation or probate licence and are not licensed conveyancers. (2) The Council may make rules specifying the further information, including information about disciplinary measures taken, to be recorded in the register in relation to a person. (3) The Council must cause the appropriate entries and deletions to be made in the register on the issue and termination of advocacy, litigation and probate licences; and where any licence held by a person is for the time being suspended by virtue of any provision of Part 2 of the Act of 1985 as applied by this Act the Council must cause that fact to be noted in the register against that person's name. (4) Any change in a licensed CLC practitioner's place or places of business must be notified by that person to the Council within the period of fourteen days beginning with the date on which the change takes effect. (5) The Council must provide facilities for making the information contained in the entries in the register available for inspection in visible and legible form by any person during office hours and without payment. (6) A certificate signed by an officer of the Council appointed for the purpose and stating— (a) that any person does or does not, or did or did not at any time, hold an advocacy, litigation or probate licence, or (b) that any licence held by any person is or was at any time either free of conditions or subject to any particular conditions, is, unless the contrary is proved, evidence of the facts stated in the certificate; and a certificate purporting to be so signed is to be taken to have been so signed unless the contrary is proved.

• (7) For paragraph 8 and the cross-heading preceding it substitute—

(8) Where a relevant licence ceases to be in force because of— (a) a direction under section 24(5) of the Act of 1985, or (b) an order under section 26(2)(a) or (c) of the Act of 1985, any other relevant licence in force with respect to that person at the time shall cease to have effect to the same extent as the licence in question.

• (8) Omit paragraph 9 (removal of disqualification from holding an advocacy, litigation or probate licence).

• (9) Omit paragraph 10 (revocation on grounds of error or fraud).

• (10) In paragraph 21 (power to examine files)—

• (a) in sub-paragraph (1)(a), after “conveyancer” insert “ or licensed CLC practitioner ”;

• (b) in sub-paragraph (1), for “the licensed conveyancer” (in both places where it occurs) substitute “ the person complained of ”.

• (11) In paragraph 22 (interest on clients' money), after “conveyancer” insert “ or licensed CLC practitioner ”.

Legal Services Act 2007 (c. 29)

14

The Legal Services Act 2007 is amended as follows.

15

• (1) Section 104 (prevention of regulatory conflict: accounts rules) is amended as follows.

• (2) In subsection (2), after “conveyancer” insert “ or licensed CLC practitioner ”.

• (3) After subsection (2) insert—

(3) In this section “licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under section 53 of the Courts and Legal Services Act 1990.

16

• (1) In Schedule 5 (authorised persons), paragraph 11 (rights during transitional period: licensed conveyancers) is amended as follows.

• (2) After sub-paragraph (1) insert—

(1A) During the transitional period every individual, not being a licensed conveyancer, who holds a licence under section 53 of the Courts and Legal Services Act 1990 is deemed to be authorised by the Council to administer oaths.

• (3) In sub-paragraph (2), after “(1)” insert “ or (1A) ”.

• (4) In sub-paragraph (3), in the opening words—

• (a) after “and every” insert “ conveyancing services ”;

• (b) after “provide conveyancing” insert “ or other ”.

• (5) After sub-paragraph (3) insert—

(3A) During that period, every CLC practitioner services body recognised under section 32 of the Administration of Justice Act 1985 is deemed to be authorised by the Council to administer oaths.

• (6) In sub-paragraph (4), after “(3)” insert “ or (3A) ”.

• (7) For sub-paragraph (5) substitute—

(5) In this paragraph— - “CLC practitioner services body” has the meaning given by section 32B of the Administration of Justice Act 1985; - “conveyancing partnership” means a partnership at least some of the members of which are licensed conveyancers, but does not include a CLC practitioner services body; - “conveyancing services body” has the meaning given by section 32A of the Administration of Justice 1985.

• (8) In sub-paragraph (6), after “licence” insert “ or a licence under section 53 of the Courts and Legal Services Act 1990 ”.

17

In Schedule 24 (index of defined expressions), at the appropriate places insert—

CLC practitioner services body	paragraph 11 of Schedule 5
conveyancing services body	paragraph 11 of Schedule 5
---	---
licensed CLC practitioner	section 104(3)
---	---

SCHEDULE 20

1

The Administration of Justice Act 1985 is amended as follows.

2

• (1) Section 15 (issue of licences by the Council for Licensed Conveyancers) is amended as follows.

• (2) In subsection (3)(b), for the words from “the period” to “the Council” substitute “ the period prescribed under subsection (3A) ”.

• (3) After subsection (3) insert—

(3A) The Council must by rules prescribe the period that applies for the purposes of subsection (3)(b).

3

• (1) Section 18 (suspension or termination of licences) is amended as follows.

• (2) After subsection (2C) insert—

(2CA) Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 is exercised in relation to a recognised body by virtue of paragraph 10(1)(a) of Schedule 6, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is a manager of the recognised body. (2CB) Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 is exercised in relation to a recognised body by virtue of paragraph 10(1)(d) of Schedule 6, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is— (a) a manager of the recognised body, or (b) an employee of the recognised body. (2CC) Where the power conferred by paragraph 3(1) or 8(1) of Schedule 14 to the Legal Services Act 2007 is exercised in relation to a licensed body by virtue of paragraph 1(2)(d) of that Schedule, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is— (a) a manager of the licensed body, or (b) an employee of the licensed body. (2CD) At the time when the power referred to in subsection (2CA), (2CB) or (2CC) is exercised, the Council may direct that subsection (2CA), (2CB) or (2CC) (as the case may be) is not to apply in relation to a particular licensed conveyancer. (2CE) The Council may give a direction under subsection (2CD) in relation to a licensed conveyancer only if— (a) the Council is satisfied that the licensed conveyancer did not fail to comply with the rules applicable to the recognised body by virtue of section 32, or contribute to the body's failure to comply with such rules, in a case where the Council acts by virtue of paragraph 10(1)(a) of Schedule 6, (b) the Council does not suspect the licensed conveyancer of dishonesty, in a case where the Council acts by virtue of— (i) paragraph 10(1)(d) of Schedule 6, or (ii) paragraph 1(2)(d) of Schedule 14 to the Legal Services Act 2007, (c) the Council is satisfied that the licensed conveyancer was not a manager of the recognised body when the conduct providing the basis for the exercise of the power in paragraph 6(1) or 9(1) of Schedule 5 took place, in a case where the Council acts by virtue of paragraph 10(1)(a) of Schedule 6, (d) the Council is satisfied that the licensed conveyancer was not a manager or employee of the recognised body when the conduct providing the basis for the exercise of the power in paragraph 6(1) or 9(1) of Schedule 5 is suspected of having taken place, in a case where the Council acts by virtue of paragraph 10(1)(d) of Schedule 6, and (e) the Council is satisfied that the licensed conveyancer was not a manager or employee of the licensed body when the conduct providing the basis for the exercise of the power in paragraph 3(1) or 8(1) of Schedule 14 to the Legal Services Act 2007 is suspected of having taken place, in a case where the Council acts by virtue of paragraph 1(2)(d) of Schedule 14 to that Act. (2CF) At the time when the power referred to in subsection (2CA), (2CB) or (2CC) is exercised, the Council may direct that such of the licensed conveyancers concerned as are identified in the direction may continue to act in relation to any matter specified in the direction as if their licences had not been suspended by virtue of subsection (2CA), (2CB) or (2CC) (as the case may be), subject to such conditions (if any) as the Council sees fit to impose.

• (3) In subsection (2D), after “(2A)” insert “ , (2CA), (2CB) or (2CC) ”.

• (4) In subsection (2G), for “High Court” substitute “ First-tier Tribunal ”.

• (5) Omit subsection (2H).

4

• (1) Section 19 (register of licensed conveyancers) is amended as follows.

• (2) After subsection (1) insert—

(1A) The Council may make rules specifying the further information, including information about disciplinary measures taken, to be recorded in the register in relation to a person.

• (3) In subsection (2), omit “accordingly”.

5

In section 20 (rules as to professional practice, conduct and discipline), omit subsection (2).

6

• (1) Section 24 (preliminary investigation of disciplinary cases) is amended as follows.

• (2) In subsection (10), for “High Court” substitute “ First-tier Tribunal ”.

• (3) In subsection (11), for “High Court” substitute “ First-tier Tribunal ”.

• (4) Omit subsection (12).

7

• (1) Section 24A (determination of allegations by the Investigating Committee) is amended as follows.

• (2) In subsection (8), for “High Court” substitute “ First-tier Tribunal ”.

• (3) In subsection (9), for “High Court” substitute “ First-tier Tribunal ”.

• (4) Omit subsection (10).

8

• (1) Section 26 (proceedings in disciplinary cases) is amended as follows.

• (2) For subsection (7) substitute—

(7) Where the Discipline and Appeals Committee make an order by virtue of subsection (1)— (a) the person against whom the order is made, or (b) the Council, may appeal to the First-tier Tribunal, and on any such appeal the First-tier Tribunal may make such order as it thinks fit.

• (3) In subsection (7A), for “High Court” (in both places where it occurs) substitute “ First-tier Tribunal ”.

• (4) Omit subsection (8).

9

In Schedule 3 (the Council for Licensed Conveyancers: supplementary provisions), in paragraph 4 (appointment of persons to Council), in sub-paragraph (2), omit “by one”.

10

• (1) Schedule 6 (bodies recognised under section 32: supplementary provisions) is amended as follows.

• (2) In paragraph 3A (orders made by the Investigating Committee)—

• (a) in sub-paragraph (8), for “High Court” substitute “ First-tier Tribunal ”;

• (b) in sub-paragraph (9), for “High Court” substitute “ First-tier Tribunal ”;

• (c) omit sub-paragraph (10).

• (3) In paragraph 6 (appeals against orders of the Discipline and Appeals Committee)—

• (a) for sub-paragraph (1) substitute—

(1) Where the Committee make an order by virtue of paragraph 4(1) or (2A) or 5(1)— (a) the person as regards whom the order is made, or (b) the Council, may appeal to the First-tier Tribunal, and on any such appeal the First-tier Tribunal may make such order as it thinks fit.

;

• (b) in sub-paragraph (1A), for “High Court” (in both places where it occurs) substitute “ First-tier Tribunal ”;

• (c) omit sub-paragraph (2).

SCHEDULE 21

Abolition of Poisons Board

1

• (1) The Poisons Board is abolished.

• (2) As a result—

• (a) in the Poisons Act 1972, omit section 1 and Schedule 1, and

• (b) in Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), omit the entry for the Poisons Board.

Establishment of common regulatory system

2

The Poisons Act 1972 is amended as follows.

3

For section 2 substitute—

(2) (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). (2A) (1) The Secretary of State may by regulations— (a) amend Schedule 1A (whether to add, vary or remove a substance or concentration limit or make any other change), and (b) amend section 2 in consequence of any amendment made under paragraph (a). (2) 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). (3) In determining the distribution of substances as between the various Parts of Schedule 1A, regard must be had to the desirability of restricting Parts 3 and 4 to substances that meet each of the following criteria— (a) they are in common use, or are likely to come into common use, for purposes other than the treatment of human ailments, and (b) 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.

4

For section 3 substitute—

(3) (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. (3A) (1) 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. (2) In order to verify that someone has a licence or recognised non-GB licence, it is sufficient for these purposes to— (a) inspect the person's licence, and (b) inspect the form of identification specified in that licence. (3) 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. (4) 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. (5) 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). (6) 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. (7) Before 3 March 2016, subsections (1) and (5) have effect as if the references to possession and use of the substance were omitted. (8) 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. (3B) (1) 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). (2) Those circumstances are— (a) the person is lawfully conducting a retail pharmacy business, (b) the supply is made on premises that are a registered pharmacy, and (c) the supply is made by or under the supervision of a pharmacist. (3) 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. (4) The record-keeping requirements are— (a) 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— (i) the date of the supply, (ii) the name and address of the member of the general public, (iii) the name and quantity of the regulated poison supplied, and (iv) the purposes for which it is stated by the member of the general public to be required, and (b) the person must ensure that the member of the general public signs the entry. (5) 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. (3C) (1) 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. (2) 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. (3) A relevant transaction is “suspicious” if there are reasonable grounds for suspecting that the substance in question— (a) if it is a regulated explosives precursor or reportable explosives precursor, is intended for the illicit manufacture of explosives, or (b) if it is a regulated poison or a reportable poison, is intended for any illicit use. (4) In deciding whether there are reasonable grounds for suspecting such a thing, regard must be had to all the circumstances of the case, including in particular where the prospective customer— (a) appears unclear about the intended use of the substance, (b) appears unfamiliar with the intended use of the substance or cannot explain it plausibly, (c) intends to buy substances in quantities, combinations or concentrations uncommon for private use, (d) is unwilling to provide proof of identity or place of residence, or (e) insists on using unusual methods of payment, including large amounts of cash. (5) 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— (a) is from stocks in the person's possession, custody or control in Great Britain, and (b) is significant. (6) 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. (7) 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. (8) A person who fails to comply with subsection (1) or (5) commits an offence. (9) 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.

5

Omit section 4.

6

After that section insert—

(4A) (1) The Secretary of State may grant a licence to a person on application by that person in accordance with this section. (2) 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. (3) The term for which a licence is granted must not exceed 3 years, but this does not affect— (a) a person's right to apply for a further licence to take effect on expiry of that term, nor (b) 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. (4) 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. (5) 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. (6) 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— (a) the use intended to be made of the substance, (b) the availability of alternative substances that would achieve the same purpose, (c) the proposed arrangements to ensure that the substance is kept securely, (d) any danger to public safety or public order that may be caused by possession of the substance, and (e) whether the applicant is a fit and proper person to possess the substance. (7) 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. (8) A licence may be granted or amended subject to such terms and conditions as may be specified in the licence. (9) 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— (a) storage, (b) use, (c) maximum quantities, (d) maximum levels of concentration, and (e) reporting of disappearances or thefts. (10) 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— (a) who may make an application, (b) the form and manner in which an application is to be made and any documents or evidence that must accompany it, (c) the amount and payment of any fees, (d) the supply of any further information or document required to determine an application, (e) notice and publication of any decision about an application, and (f) the procedure for an internal review of any such decision. (4B) (1) The Secretary of State must publish a list from time to time of recognised member States (if there are any). (2) 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. (3) References in this Act to a “recognised non-GB licence” are to— (a) 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 (b) a licence granted under relevant Northern Ireland legislation. (4) “Relevant Northern Ireland legislation” means— (a) 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)), (b) any legislative instrument that implements the Precursors Regulation in Northern Ireland, and (c) any legislative instrument that replaces or supersedes (with or without modification) anything falling within paragraph (a) or (b) or this paragraph. (5) In this section— (a) 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 (b) references to a legislative instrument are to— (i) an Act or instrument made under an Act, or (ii) any Northern Ireland legislation or instrument made under Northern Ireland legislation.

7

Omit sections 5 and 6.

8

For section 7 substitute—

(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.

9

After section 7 insert—

(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.

10

For section 8 substitute—

(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.

11

• (1) Section 9 (inspection and enforcement) is amended as follows.

• (2) For subsection (4) substitute—

(4) An inspector appointed by the General Pharmaceutical Council under article 8(1) of the Pharmacy Order 2010 may at all reasonable times— (a) enter any registered pharmacy to ascertain whether an offence under section 3A, 3B, 3C or 7(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).

• (3) Omit subsections (5) to (7).

12

After section 9 insert—

(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.

13

After section 9A (inserted by paragraph 12) insert—

(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.

14

For section 10 substitute—