PART 2Control of tier 1 substances and tier 2 substances

Control of tier 1 substances3

1

A person must not deal with a tier 1 substance except under, and in accordance with, a licence granted by the Secretary of State under regulation 5.

2

A “tier 1 substance” means a substance mentioned in column 1 of the table in Schedule 1 or any mixture containing that substance, but does not include a mixture falling within the exception in column 2 of that table.

3

A person deals with a tier 1 substance if that person—

a

supplies the substance;

b

acquires the substance;

c

imports the substance into Northern Ireland M1;

d

possesses the substance; or

e

uses the substance.

4

But a person (“P”) is not to be regarded as possessing or acquiring a tier 1 substance if—

a

the substance is being transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time);

b

P is in possession of the substance only by reason of being—

i

a carrier,

ii

a person engaged in the work of loading or unloading, or

iii

the occupier of a place it passes through while on the journey;

c

P is acting for purposes connected with P's trade, business or profession; and

d

the substance is under the direction and control of the licence holder.

5

Paragraph (1) does not apply to—

a

any department under the control of a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 M2);

b

the armed forces of the Crown;

c

an inspector appointed under Article 21 of the 1978 Order, acting as such;

d

a police officer, acting as such; or

e

an authorised officer, acting as such.