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[F13CReporting of suspicious transactions, disappearances and theftsE+W+S

(1)A supplier must report any relevant transaction that it makes or proposes to make if the supplier has reasonable grounds for believing the transaction to be suspicious.

(2)A “relevant transaction” is a transaction involving the supply of a regulated substance or a reportable substance to a customer, whether an end user or a customer higher up the supply chain and whether a business or a private customer.

(3)A relevant transaction is “suspicious” if there are reasonable grounds for suspecting that the substance in question—

(a)if it is a regulated explosives precursor or reportable explosives precursor, is intended for the illicit manufacture of explosives, or

(b)if it is a regulated poison or a reportable poison, is intended for any illicit use.

(4)In deciding whether there are reasonable grounds for suspecting such a thing, regard must be had to all the circumstances of the case, including in particular where the prospective customer—

(a)appears unclear about the intended use of the substance,

(b)appears unfamiliar with the intended use of the substance or cannot explain it plausibly,

(c)intends to buy substances in quantities, combinations or concentrations uncommon for private use,

(d)is unwilling to provide proof of identity or place of residence, or

(e)insists on using unusual methods of payment, including large amounts of cash.

(5)A person carrying on a trade, business or profession that involves regulated substances or reportable substances must report the disappearance or theft of any such substances if the disappearance or theft—

(a)is from stocks in the person's possession, custody or control in Great Britain, and

(b)is significant.

(6)In deciding whether a disappearance or theft is significant, regard must be had to whether the amount involved is unusual in all the circumstances of the case.

(7)A duty under this section to “report” something is a duty to give notice of it to the Secretary of State in accordance with such requirements as may be specified by the Secretary of State by regulations made under this subsection.

(8)A person who fails to comply with subsection (1) or (5) commits an offence.

(9)A person does not commit an offence under subsection (8) if the requirements of subsection (1) or, as the case may be, (5) do not apply to the person's case by virtue of regulations made under section 9B.]

Textual Amendments

F1Ss. 3-3C substituted for s. 3 (26.3.2015 for specified purposes, 20.4.2015 for specified purposes, 26.5.2015 in force in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 4; S.I. 2015/994, art. 5; S.I. 2015/994, art. 6(p)