Regulation 3 Control of tier 1 substances

(1)

A person must not deal with a tier 1 substance except under, and in accordance with, a licence granted by the Secretary of State under regulation 5.

(2)

A “tier 1 substance” means a substance mentioned in column 1 of the table in Schedule 1 or any mixture containing that substance, but does not include a mixture falling within the exception in column 2 of that table.

(3)

A person deals with a tier 1 substance if that person—

(a)

supplies the substance;

(b)

acquires the substance;

(c)

imports the substance into Northern Ireland M1;

(d)

possesses the substance; or

(e)

uses the substance.

(4)

But a person (“P”) is not to be regarded as possessing or acquiring a tier 1 substance if—

(a)

the substance is being transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time);

(b)

P is in possession of the substance only by reason of being—

(i)

a carrier,

(ii)

a person engaged in the work of loading or unloading, or

(iii)

the occupier of a place it passes through while on the journey;

(c)

P is acting for purposes connected with P's trade, business or profession; and

(d)

the substance is under the direction and control of the licence holder.

(5)

Paragraph (1) does not apply to—

(a)

any department under the control of a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 M2);

(b)

the armed forces of the Crown;

(c)

an inspector appointed under Article 21 of the 1978 Order, acting as such;

(d)

a police officer, acting as such; or

(e)

an authorised officer, acting as such.

Annotations

Marginal citations

M1: Under the Health and Safety at Work (Northern Ireland) Order 1978, and these Regulations, “Northern Ireland” includes the territorial sea adjacent to Northern Ireland.
M2: 1975 c. 26; there are no relevant amendments.