Search Legislation

Deregulation Act 2015

Status:

This is the original version (as it was originally enacted).

Establishment of common regulatory system

This section has no associated Explanatory Notes

6After that section insert—

4ALicences

(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.

4BRecognised non-GB licences

(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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources