The Controls on Dangerous Substances and Preparations Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations give effect to restrictions on the marketing and use of certain of the dangerous substances and preparations set out in Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (OJ L262, 27.9.1976, p.201), as amended.

Regulation 3 restricts the marketing and use of dangerous substances and preparations, subject to various exemptions in regulations 4 to 7.

Regulation 8 provides that the enforcement authorities shall enforce the restriction in regulation 3. The enforcement authorities are given in regulation 2 and are in respect of—

(a) England and Wales, the Environment Agency;

(b) Scotland, the Scottish Environment Protection Agency;

(c) Northern Ireland, the Department of the Environment.

Regulation 9 provides that the enforcement authorities shall have the powers in Schedule 3 and may appoint persons to act on their behalf in respect of enforcement.

Regulation 10 provides for the enforcement authorities to bring civil proceedings instead of proceedings for offences where the latter would afford an ineffectual remedy.

Regulation 11 sets out offences in relation to the contravention of regulation 3 and regulation 12 sets out the penalties in respect of those offences.

Regulation 13 sets out offences in relation to regulation 9 (powers of the enforcing authority and authorisation) and Schedule 3 (powers of entry, warrants, additional powers and notices) and regulation 14 sets out the penalties in respect of those offences.

Regulation 16 provides for powers of a court to order a person to remedy matters where that person has been convicted of an offence under these Regulations.

Under regulation 17, a person may appeal against an enforcement notice or prohibition notice served under Schedule 3.

Regulation 18 and Schedule 4 provide for revocations and savings.

Schedule 1 sets out a list of substances and preparations restricted under these Regulations.

Schedule 2 sets out information that must be provided in relation to the use of leaded paint where this use is permitted under regulation 5.

Schedule 3 sets out the powers of enforcement authorities.

A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector, and a transposition note, are available from the Chemicals and Nanotechnology Division, Department for Environment, Food and Rural Affairs, 123 Victoria Street, London SW1E 6DE. Copies have been placed in the library of each House of Parliament.