Jurisdiction: Great Britain
Commencement: 1st October 2023
Amends: The Control of Poisons and Explosives Precursors Regulations 2015
These Regulations establish a licensing scheme to control the availability, possession and use of regulated and reportable substances*. Persons applying for a licence will be subject to background security and mental health checks.
The scheme aims to control the sale of substances to the public, making it easier for authorities to detect people trying to buy high risk chemicals.
*Regulated and reportable substances are set out in Section 2 of the Poisons Act 1972.
The competent authority for issuing licences is the Home Office.
- All persons must obtain a licence to buy regulated substances. Licences are valid for up to 3 years.
- Businesses selling or supplying regulated or reportable substances must report any suspicious transactions, significant losses and thefts to the Police.
- Businesses selling or supplying regulated or reportable explosive precursors (e.g. drain cleaner and fertiliser) must report any suspicious transactions, significant losses and thefts to the anti-terrorism hotline.
- Retailers and wholesalers of regulated substances must indicate on the product label that the product is restricted.
- Persons must present a valid licence and photographic identification to the retailer when purchasing regulated substances (e.g. swimming pool cleaner and bleaching agents). Retailers must record the purchase details (including the type and volume of the substance) on the back of the licence. This requirement does not apply to business-to-business transactions for professional use.
Amendment
In Part 2 (Supplies of substances involving despatch to Northern Ireland or export from the UK: modification of section 3A of the Act), references to licences that have been issued under the now revoked Regulation (EU) 98/2013 on the marketing and use of explosive precursors have been removed.
There are no changes to duties for organisations.
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