Control of tier 1 substancesN.I.
3.—(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.
Marginal Citations
M1Under the Health and Safety at Work (Northern Ireland) Order 1978, and these Regulations, “Northern Ireland” includes the territorial sea adjacent to Northern Ireland.
M21975 c. 26; there are no relevant amendments.