149NFit and proper person requirements

149N Fit and proper person requirements

(1) Subject to subregulation (3), the requirements that a person must meet in order to be a fit and proper person in relation to the issue of a drug-checking permit are—

(a) that the person has not in the previous 10 years been found guilty of an indictable offence involving fraud, dishonesty or assault; and

(b) that the person has not in the previous 10 years been found guilty of an offence against the Act with a penalty of imprisonment of more than one year; and

(c) that the person has not in the previous 10 years been found guilty of an offence equivalent to an offence referred to in paragraph (a) or (b) under the law of another jurisdiction; and

(d) that the person has not in the previous 10 years had a licence, permit or warrant they held under the Act cancelled or suspended under section 22C(1)(a), (b), (ba) or (c) of the Act; and

(e) that, if the person is a body corporate, each officer of the body corporate also meets the requirements of the other paragraphs of this subregulation.

(2) A person is not to be taken, for the purposes of subregulation (1)(a), (b) and (c), to have been found guilty of an offence if the finding of guilt in respect of that offence is a spent conviction within the meaning of the Spent Convictions Act 2021.

(3) In determining whether a person is a fit and proper person in relation to the issue of a drug-checking permit, the Secretary may determine not to apply a requirement set out in subregulation (1)(a), (b) or (c) in relation to—

(a) that person; or

(b) if that person is a body corporate, either the body corporate or an officer of that body corporate—

if the Secretary is satisfied that the person is a fit and proper person despite that requirement not being met.

(4) In deciding whether to be satisfied as described in subregulation (3), the Secretary must have regard to—

(a) the seriousness of the conduct constituting the offence of which the person was found guilty; and

(b) the age of the person when the offence was committed; and

(c) the length of time since the conduct occurred; and

(d) the person's conduct since the offence occurred; and

(e) the public interest in enabling the provision of harm reduction information by a drug‑checking service; and

(f) any other matter that the Secretary considers relevant.

Chapter 4—Miscellaneous matters

Part 1—General requirements

150 Poisons to be sold by wholesale and retail in original unopened packs