2015 No. 968
The Deregulation Act 2015 (Poisons and Explosives Precursors) (Consequential Amendments, Revocations and Transitional Provisions) Order 2015
Made
Laid before Parliament
Coming into force in accordance with article 1(2) and (3)
The Secretary of State makes the following Order, in exercise of the powers conferred by section 112(1) and (2) of the Deregulation Act 20151.
Citation, commencement and extent1
1
This Order may be cited as the Deregulation Act 2015 (Poisons and Explosives Precursors) (Consequential Amendments, Revocations and Transitional Provisions) Order 2015.
2
The following come into force on 20th April 2015—
a
this article;
b
article 2; and
c
paragraphs 1 and 11 of the Schedule(and article 3 so far as relating to those paragraphs).
3
Except as provided in paragraph (2), this Order comes into force on 26th May 2015.
4
Subject to paragraph (5), this Order extends to England and Wales and Scotland only.
5
The amendments made by the Schedule have the same extent as the provisions they amend.
Interpretation2
Consequential amendments3
The Schedule (which contains amendments to subordinate legislation consequential on the coming into force of Schedule 21 to the Deregulation Act 2015) has effect.
Revocations4
The following are revoked—
a
the Poisons List Order 19824;
b
the Poisons Rules 19825;
c
the 2014 Regulations.
Transitional provisions5
1
Any licence granted under the 2014 Regulations which is in force immediately before the revocation date is, on and after that date until the date of its expiry, to be treated as if it had been granted under section 4A(1) of the Act (and the provisions of the Act, and regulations made under the Act, apply accordingly).
2
Paragraph (3) applies where—
a
an application for a licence under the 2014 Regulations is made before the revocation date, and
b
a decision to grant or refuse the application has not been made or notified to the applicant before that date.
3
The application is to be treated as an application for a licence under section 4A of the Act (and the provisions of the Act, and regulations made under the Act, apply accordingly).
4
Paragraph (5) applies where—
a
a request for an internal review under regulation 9 of the 2014 Regulations is made before the revocation date, and
b
the review has not been completed before that date.
5
The request is to be treated as a request for a review under any corresponding provision of regulations made under the Act.
6
In this article “the revocation date” means 26th May 2015.
SCHEDULECONSEQUENTIAL AMENDMENTS
Rehabilitation of Offenders Act 1974 (Exceptions) Order 19751
1
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 19756 is amended as follows.
2
In Schedule 2 (excepted licences, certificates and permits), in paragraph 6, for “regulation 7 of the Control of Explosives Precursors Regulations 2014” substitute “section 4A of the Poisons Act 1972”.
3
In Schedule 3 (excepted proceedings), in paragraph 19A, for “regulation 7 of the Control of Explosives Precursors Regulations 2014” substitute “section 4A of the Poisons Act 1972.”
Isles of Scilly (Functions) Order 19792
In the Isles of Scilly (Functions) Order 19797, in article 3(c) omit “by the Poisons Act 1972;”.
National Assembly for Wales (Transfer of Functions) Order 19993
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 19998 (enactments conferring functions transferred by article 2), in the list of Public General Acts, omit the entry “Poisons Act 1972 (c 66) except section 1(2)”.
Local Authorities (Functions and Responsibilities) (England) Regulations 20004
In Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 20009 (functions not to be the responsibility of an authority’s executive), in the list in paragraph B of the Table (licensing and registration functions), omit the entry numbered 22 (duty to keep list of persons entitled to sell non-medicinal poisons; sections 3(1)(b)(ii), 5, 6 and 11 of the Poisons Act 1972).
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) (No 2) Order 20005
In Schedule 2 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) (No 2) Order 200010 (enactments conferring functions transferred to the Scottish Ministers), in column 1 omit the entry “The Poisons Rules 1982 (SI 1982/218), Schedule 12, Part 1, paragraphs 4 and 5(b)”.
Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 20076
In Schedule 1 to the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 200711 (functions not to be the responsibility of an authority’s executive), in the list in paragraph B of the Table (licensing and registration functions), omit the entry numbered 18 (duty to keep list of persons entitled to sell non-medicinal poisons; sections 3(1)(b)(ii), 5, 6 and 11 of the Poisons Act 1972).
Legislative and Regulatory Reform (Regulatory Functions) Order 20077
1
The Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 200712 is amended as follows.
2
In Part 3 (regulatory functions exercisable by local authorities), omit “Poisons Act 1972” from the list of enactments under the heading “Public health and safety”.
3
In Part 513 (regulatory functions exercisable by local authorities in Scotland), omit “Poisons Act 1972 (section 9)” from the list.
National Health Service (Pharmaceutical Services) (Scotland) Regulations 20098
In Schedule 1 to the National Health Service (Pharmaceutical Services) (Scotland) Regulations 200914 (terms of service for pharmacists and pharmacy contractors), in paragraph 4(16) omit “the Poisons Rules 1982 or”.
Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 20099
In the Schedule to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 200915, in Part 1, omit “Poisons Act 1972 (section 9)”.
Pharmacy Order 201010
1
The Pharmacy Order 201016 is amended as follows.
2
In article 3(1) (interpretation), omit the definition of “the Poisons Rules”.
3
In article 8 (the Inspectorate), in paragraph (2)(d), for “the Poisons Rules” substitute “of regulations made under that Act”.
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 201311
1
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 201317 is amended as follows.
2
In Schedule 1 (proceedings), in paragraph 10A, for “regulation 7 of the Control of Explosives Precursors Regulations 2014” substitute “section 4A of the Poisons Act 1972.”
3
In Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act), in paragraph 3(3)(ca), for “regulation 7 of the Control of Explosives Precursors Regulations 2014” substitute “section 4A of the Poisons Act 1972”.
(This note is not part of the Order)