The Deregulation Act 2015 (Poisons and Explosives Precursors) (Consequential Amendments, Revocations and Transitional Provisions) Order 2015

• Citation: S.I. 2015/968
• Sections: 16

Section 1 Citation, commencement and extent

(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.

Section 2 Interpretation

In this Order—

“ the Act ” means the Poisons Act 1972 ;

“the 2014 Regulations ” means the Control of Explosives Precursors Regulations 2014 .

Section 3 Consequential amendments

The Schedule (which contains amendments to subordinate legislation consequential on the coming into force of Schedule 21 to the Deregulation Act 2015) has effect.

Section 4 Revocations

The following are revoked—

(a) the Poisons List Order 1982 ;

(b) the Poisons Rules 1982 ;

(c) the 2014 Regulations.

Section 5 Transitional provisions

(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.

Section 1 Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

(1) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 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.”

Section 2 Isles of Scilly (Functions) Order 1979

In the Isles of Scilly (Functions) Order 1979 , in article 3(c) omit “by the Poisons Act 1972;”.

Section 3 National Assembly for Wales (Transfer of Functions) Order 1999

In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (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)”.

Section 4 Local Authorities (Functions and Responsibilities) (England) Regulations 2000

In Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (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).

Section 5 Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc ) (No 2) Order 2000

In Schedule 2 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) (No 2) Order 2000 (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)”.

Section 6 Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007

In Schedule 1 to the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (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).

Section 7 Legislative and Regulatory Reform (Regulatory Functions) Order 2007

(1) The Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 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 5 (regulatory functions exercisable by local authorities in Scotland), omit “Poisons Act 1972 (section 9)” from the list.

Section 8 National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

In Schedule 1 to the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 (terms of service for pharmacists and pharmacy contractors), in paragraph 4(16) omit “the Poisons Rules 1982 or”.

Section 9 Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

In the Schedule to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 , in Part 1, omit “Poisons Act 1972 (section 9)”.

Section 10 Pharmacy Order 2010

(1) The Pharmacy Order 2010 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”.

Section 11 Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 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”.