Safety & Environmental Protection Service

Licensing

Some chemicals with specific properties are tightly regulated and a license must be obtained before they can be purchased, stored, produced or exported.  There are various reasons why a substance might regulated including security, environmental protection or regulation of psychoactive substances.  Most licenses are held locally by the relevant department or user but a few are managed centrally.  Where possible the SEPS team should be advised of any license applications (or surrender of existing licenses) before the application is made to help provide us with an oversight of the license held within the University.  Common chemicals for which licenses are generally required include:

• Chemical weapons (and specified precursors)
• Controlled drugs (and specified precursors)
• Explosives (including some desensitised explosives)
• Ozone depleting substances (ODS)

Chemical Weapons Convention (CWC)

The Chemical Weapons Convention (CWC) is an international arms control treaty designed to eliminate an entire class of weapons of mass destruction. It covers a wide range of extremely toxic chemicals and their precursors.  The Chemical Weapons Act 1996 is implemented by the UK CWC National Authority which forms part of the Department for Business, Energy and industrial Strategy (BEIS). Establishments who purchase, process or produce chemicals listed in the Conventions Schedules of Chemicals (above certain thresholds) are required to submit information on stocks and usage to BEIS on an annual basis. The complete list of Schedule Chemicals can be viewed at BEIS Website and SEPS hold a list of what substances are covered

PART 1: Restrictions on the use of Schedule 1 Chemicals
Activities involving the use of chemicals listed in Schedule 1 are restricted to certain permitted purposes. These are pharmaceutical, research and medical purposes and activities relating to protection against toxic chemicals. No other activities involving the use of Schedule 1 chemicals are permitted.

PART 2: Licensing of Activities involving Schedule 1 Chemicals
From January 1997 the possession, use and production of Schedule 1 chemicals has been subject to a Licence system authorised by the CWC National Authority. Application for this Open General Licence is presently processed by the Safety and Environmental Protection Service and is re-newed on a yearly basis. Schools/Units wishing to undertake activities as stated in Part 1 must supply the following information to Safety and Environmental Protection Services: See Chemical Weapons Convention Request Form
 
a) Name(s) of Schedule 1 chemical and its associated CAS number.
b) Maximum quantity of Schedule 1 chemical(s) to be produced during the calendar year.
c) Maximum quantity of Schedule 1 chemical(s) to be held during the calendar year.
d) Specific purpose for which the Schedule 1 chemical(s) will be used.
e) Location and address where Schedule 1 chemical(s) will be produced used and held.
f) Contact details (including telephone and email) of responsible person.

Note: Under present licence conditions 5 grams is the maximum quantity of any Schedule 1 chemical that can be held at any time during the calendar year.

PART 3: Schedule 2 & 3 Chemicals
From January 1st 2004 regardless of the volumes involved all importers, exporters, producers, and users of Schedule 2 chemicals and all importers, exporters and producers of Schedule 3 chemicals should provide the NA with basic quantitative data. This data should be returned to the NA on an annual basis. Schools/Units involved in such activities are required to supply a yearly return to the Safety and Environmental Protection Service.  This return will usually be distributed every year at the start of December for completion by mid-January.  As a legal reporting deadline it is extremely mportant that this document is completed accurately and submitted to SEPS in a timely manner.

PART 4: Annual Return and Record Keeping
Schools/Units involved in such activities as described in Part 1 are required to supply a yearly return to SEPS on the quantity of Schedule 1 chemical(s) they hold, process or dispose of.  This return will usually be distributed every year at the start of December for completion by mid-January.  As a legal reporting deadline it is extremely mportant that this document is completed accurately and submitted to SEPS in a timely manner.

Schools/Units should devise their own arrangements for recording Schedule 2 & 3 chemical information which should be transferred to the electronically available form distributed by SEPS each year. 

Controlled Drugs and Precursors

The possession, use, supply and disposal of controlled drugs and associated precursor compounds is regulated under the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001 along with other supporting pieces of legislation.  Controlled drugs are separated into five schedules of compounds that share common restrictions for supply, storage and licensing.  Schedule 1 drugs are considered to be the most harmful and are therefore the most tightly controlled with Schedule 5 containing mostly preparations with low concentrations of other drugs and are less tightly controlled.  Examples of drugs falling into different schedules are given below:

Schedule 1: Cannabis, ecstasy, mescaline, raw opium

Schedule 2: Cocaine, morphine, fentanyl, amphetamine, heroin

Schedule 3: Temazepam, barbitone, Tramadol

Schedule 4: Diazepam, N-ethylamphetamine

Schedule 5: Preparations with low concentrations of certain drugs

The purchase, storage and use of controlled drugs in any schedule requires a license.  The Home Office is responsible for issuing licenses in relation to controlled drugs and certain precursor compounds. 

Any School or Unit wishing to possessed controlled drugs in Schedule 1 (or regulated precursors compounds) must hold the necessary license and staff with access to controlled drugs will be subject to a security and criminal record check.  Such licenses are not held centrally by the University and must be obtained by the School or Department requiring them.

However, certain exemptions apply and the current guidance issued by the Home Office confirms that University research departments do not generally require a license to possess controlled drugs in Schedules 2,3,4 and 5 for research purposes.  Suppliers of such compounds will however generally ask for a certificate of end use before supplying drugs in any Schedule.

Explosives Licensing

Any School or Unit wishing to purchase explosive materials must be in possession of a valid authorisation certificate issued by Police Scotland.  For small quantities (less than 30kg) a Certificate of Registration is also required whereas for larger quantities a Storage License will be required, in either case a named location will be specified where explosive materials must be kept.  To comply with the conditions of the licenses required, Police Scotland require specific safety management and security systems to be put in place.  Some substances (generally desensitised explossives) are exempt from the licensing requirements, a full list of these can be found in Schedule 2 of the Explosives Regulations 2014 (see link).

Note: To assist in safely managing stocks of explosive materials SEPS should be informed in advance of any Scool or Unit wishing to apply for a license to hold any explosive materials.