(This note is not part of the Regulations)
These Regulations make provision that supplements amendments made to the Poisons Act 1972 (c.66) (“the 1972 Act”) by section 90 of, and Schedule 21 to, the Deregulation Act 2015 (c. 20).
Regulation 2 modifies section 3A of the 1972 Act by making specific provision about the licence verification requirements with respect to the export of regulated substances (as defined in the 1972 Act) to another Member State or despatch of the same to Northern Ireland. It states that other than provided for by this regulation nothing in section 3A applies to any export of a regulated substance from the United Kingdom.
Regulation 3 makes further provision about the licensing application process. A licence is required by individuals seeking to carry out an activity prohibited by section 3(2) of the 1972 Act. These provisions supplement section 4A of the 1972 Act.
Regulation 4 makes provision about internal reviews of decisions made in connection with the licensing application process.
Regulation 5 and the Schedule contain exemptions from the requirements of the 1972 Act and these Regulations in relation to certain substances or articles as specified in the Schedule.
Regulation 6 imposes certain record keeping requirements in relation to the supply of regulated poisons to a trade, business or profession.
Regulation 7 makes provision about the supply of regulated poisons to retailers by way of wholesale dealing.
Regulation 8 provides for storage requirements applicable to both regulated and reportable poisons. In essence, these may be stored in a retail shop or in premises used in connection with a retail shop only if the conditions set out in that regulation are satisfied.
Regulation 9 requires the inclusion of a warning label on a container comprising compressed hydrogen cyanide in the circumstances specified.
Regulation 10 contains provision about the minimum period for which records made for the purposes of complying with the requirements of the 1972 Act or these Regulations must be kept.
A full regulatory impact assessment of the effect of the changes introduced by the 1972 Act and these Regulations, on the costs of business and the voluntary sector is available from the Home Office, and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.