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.