12.—(1) A person (“S”) must not supply a tier 1 substance to another person (“P”) unless P provides for inspection—
(a)a licence, in relation to which P is the licence holder or the responsible person, as the case may be; and
(b)one of the documents specified in regulation 6(5) relating to P (but see regulation 26).
(2) S must not supply more than 500 grams by weight or 500 millilitres by measure of a tier 1 substance unless S receives a copy of the consent which—
(a)was issued to the licence holder in accordance with regulation 9(1), and
(b)contains S's name and address as the proposed supplier.
(3) Paragraphs (1) and (2) do not apply where the supply involves despatch to Great Britain or export from the United Kingdom (but see paragraphs (5) and (6) and regulation 14).
(4) Paragraph (2) does not apply to supply to—
(a)Forensic Service Northern Ireland; or
(b)the Commissioners of Irish Lights.
(5) Notwithstanding the prohibition in Article 4(1) of the Precursors Regulation M1, a person (“S”) may supply EU restricted sodium chlorate to a member of the general public (“MGP”) by despatch to Great Britain or by export from the United Kingdom to [F1a] member State only if MGP provides for inspection—
(a)a licence mentioned in paragraph (6) allowing MGP to acquire and possess (or acquire, possess and use) the EU restricted sodium chlorate; and
(b)one of the documents specified in regulation 6(5) relating to MGP (but see regulation 26).
(6) The licence is—
(a)where the supply involves despatch to Great Britain, a licence issued or recognised under relevant Great Britain legislation; or
(b)where the supply involves export from the United Kingdom to [F2a] member State, a licence issued or recognised in accordance with Article 7 of the Precursors Regulation by the member State where MGP is acquiring the EU restricted sodium chlorate.
(7) S must complete the record of transactions on the licence provided by—
(a)P under paragraph (1)(a); or
(b)MGP under paragraph (5)(a), where the licence contains such a record.
(8) S must include on the relevant entry in the record required to be kept by S under regulation 10(1)—
(a)the number of the licence provided under paragraph (1)(a) or (5)(a); and
(b)the number (if any) of the document provided under paragraph (1)(b) or (5)(b).
(9) Where P or MGP is an individual under the age of 18—
(a)S must not supply a tier 1 substance unless P or MGP is accompanied by a parent or guardian; and
(b)the document mentioned in paragraph (1)(b) or (5)(b) must relate to that parent or guardian (and not to P or MGP).
(10) In this regulation—
“EU restricted sodium chlorate” means sodium chlorate which is a restricted explosives precursor within the meaning of the Precursors Regulation;
“parent or guardian” has the same meaning as in regulation 6; and
“relevant Great Britain legislation” has the same meaning as in regulation 11.
(11) This regulation does not apply to supply to a person mentioned in regulation 3(5).
Textual Amendments
F1Word in reg. 12(5) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 49(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in reg. 12(6)(b) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 49(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1Article 4(1) of the Precursors Regulation provides that restricted explosives precursors shall not be supplied, whether in return for payment or free of charge, to members of the general public (in any member State).