Citation, commencement and extent

1.—(1) These Regulations may be cited as the Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008 and shall come into force on 7^th March 2008.

(2) These Regulations shall extend to the United Kingdom.

Interpretation

2. In these Regulations—

“the 1979 Act” means the Customs and Excise Management Act 1979(2);

“the 1990 Act” means the Criminal Justice (International Co-operation) Act 1990(3);

“the Community Regulation” means Council Regulation 4);

“scheduled substance” (except the first and third references in regulation 5(1)), “import”, “export” and “operator” have the same meanings as in the Community Regulation; and

...

Competent authorities

3.—(1) For the purposes of the Community Regulation, the words “the competent authorities” shall be taken, to the extent specified in paragraphs (2) to (7), as a reference to the persons specified in those paragraphs.

(2) In Articles 6, 7, 10(3), 11 (except references to competent authorities of the country of destination), 12, 13, 16, 17 ..., 19 to 21, 24, and 26(5) of the Community Regulation, the person specified in sub-paragraph (7)(d).

(3) In Article 4 of the Community Regulation, any person specified in paragraph (7).

(4) In Articles 8, 14 and 26(1) and (2) of the Community Regulation, any person specified in paragraph (7)(b).

(5) In Article 9 of the Community Regulation, any person specified in sub-paragraph (7)(c).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The persons specified for the purposes of this paragraph are—

(a)a constable;

(b)an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005 (appointment of staff) (5) or other person authorised by the Commissioners for Her Majesty’s Revenue and Customs;

(c)a person authorised for the purposes of these Regulations by the Director General of the Serious Organised Crime Agency;

(d)the Secretary of State.

Licences

4. A licence issued by the Secretary of State in accordance with Article 6(1) of the Community Regulation shall be issued for a period not exceeding three years.

Offences and penalties: documentation, labelling, provision of information

5.—(1) Subject to paragraph (2), the obligations imposed on any persons by Articles 3 to 5, 8 and 9 of the Community Regulation shall be treated as if they are requirements imposed on them by regulations made under section 13(1) of the 1990 Act (regulations about scheduled substances), and as if references in those Articles to scheduled substances are references to scheduled substances within the meaning of Part II of that Act.

(2) Where a person is convicted of an offence contrary to section 13(5) of the 1990 Act as a result of the application of this regulation, section 13(5)(a) of the 1990 Act (penalty on summary conviction) shall have effect as if for the words “6 months” there is substituted “3 months”.

Requirements, offences and penalties: exports

6.—(1) An operator who is concerned in the export of a scheduled substance that requires a customs declaration shall ensure that he has a valid export authorisation for that export in accordance with Articles 12 to 19 of the Community Regulation.

(2) An operator who is concerned in the export of a scheduled substance shall ensure that he presents an export authorisation to the customs office when the customs declaration is made, or in the absence of a customs declaration, ... at the customs office of exit ... as required by Article 14(2) of the Community Regulation.

(3) For the purposes of section 68 of the 1979 Act (offences in relation to exportation of prohibited or restricted goods) any scheduled substances shall be deemed to be exported contrary to a restriction for the time being in force with respect to it under these Regulations if it is exported without the requisite authorisation referred to in paragraph (1).

(4) Where a person is convicted of an offence, as a result of the application of paragraph (3), contrary to section 68 of the 1979 Act (offences in relation to exportation of prohibited or restricted goods)—

(a)section 68(1)(6) of the 1979 Act shall have effect as if after the word “greater” there is added the words “but not exceeding level 5 on the standard scale”;

(b)section 68(3)(a)(7) of the 1979 Act shall have effect as if—

(i)after the word “greater” there is added the words “but not exceeding the statutory maximum”; and

(ii)for the words “6 months” there is substituted “3 months”;

(c)section 68(3)(b)(8) of the 1979 Act shall have effect as if for the words “7 years” there is substituted “2 years”.

(5) An operator who fails to comply with any requirement imposed by virtue of this regulation is guilty of an offence and liable to the penalties specified in regulation 9(2).

(6) For the purposes of this regulation section 45 of the Criminal Proceedings Etc. (Reform) (Scotland) Act 2007(9) shall not apply to section 68(3)(a) of the 1979 Act.

Requirements, offences and penalties: imports

7.—(1) An operator who is concerned in the import into the United Kingdom of a scheduled substance listed in Category 1 of the Annex to the Community Regulation shall ensure that he has a valid import authorisation for that import in accordance with Articles 20 to 25 of the Community Regulation.

(2) An operator who is concerned in the import into the United Kingdom of a scheduled substance listed in Category 1 of the Annex to the Community Regulation shall present the import authorisation obtained in accordance with Article 20 of the Community Regulation to the customs office when the scheduled substances are declared for a customs procedure in accordance with Article 22 of the Community Regulation.

(3) For the purposes of section 50(2) and (3)(10) of the 1979 Act (penalty for improper importation of goods) any scheduled substances shall be deemed to be imported contrary to a restriction for the time being in force with respect to it under these Regulations if it is imported without the requisite authorisation referred to in paragraph (1).

(4) Where a person is convicted of an offence, as a result of the application of paragraph (3), contrary to section 50(2) and (3) of the 1979 Act (penalty for improper importation of goods)—

(a)Section 50(4)(a)(11) of the 1979 Act shall have effect as if—

(i)after the word “greater” there is added the words “but not exceeding the statutory maximum”; and

(ii)for the words “6 months” there is substituted “3 months”;

(b)Section 50(4)(b) of the 1979 Act shall have effect as if for the words “7 years” there is substituted “2 years”.

(5) An operator who fails to comply with any requirement imposed by virtue of this regulation is guilty of an offence and liable to the penalties specified in regulation 9(2).

(6) For the purposes of this regulation section 45 of the Criminal Proceedings Etc. (Reform) (Scotland) Act 2007 shall not apply to section 50(4)(a) of the 1979 Act.

Offences and penalties: licensing and registration

8. An operator who fails to comply with any of the requirements imposed by Article 6 or 7 of the Community Regulation (licensing and registration of operators) is guilty of an offence and liable to the penalties specified in regulation 9(2).

Offences and penalties: general

9.—(1) Any reference in regulation 6, 7 or 8 to a person who fails to comply with any of the requirements of the Community Regulation includes a person, who in purported compliance with the Community Regulation—

(a)furnishes information which he knows to be false in a material particular; or

(b)recklessly furnishes information which is false in a material particular.

(2) The penalties specified for the purposes of this paragraph are—

(a)on summary conviction, imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, imprisonment for a term not exceeding two years or a fine or both.

Powers of entry

10. The powers conferred by subsection (1) of section 23 of the Misuse of Drugs Act 1971 (powers to search and obtain evidence relating to dealings in controlled drugs) (12) shall be exercisable also for the purposes of the execution of Articles 6 and 7 of the Community Regulation and the requirements in regulations 6 and 7, and subsection (3) of that section (excluding paragraph (a)) shall apply also to an offence under regulation 6, 7 or 8, taking references in those subsections to “controlled drugs” as references to “scheduled substances”.

Revocations

11.—(1) Subject to paragraph (2), the Controlled Drugs (Substances Useful for Manufacture) Regulations 1991(13) and the Controlled Drugs (Substances Useful for Manufacture) (Amendment) Regulations 1992(14) are hereby revoked.

(2) The Regulations revoked by paragraph (1) shall continue to have effect in respect of any offence under them committed before these Regulations are commenced.