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The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015

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PART 1N.I.Introductory provisions

Citation, commencement and applicationN.I.

1.—(1) These Regulations may be cited as the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015 and come into operation on 31st January 2016.

(2) They apply to Northern Ireland F1... only in so far as they do not deal with import and export controls and trade with any place outside the United Kingdom, within the meaning of paragraph 20 of Schedule 3 to the Northern Ireland Act 1998 M1.

Textual Amendments

Marginal Citations

Interpretation: generalN.I.

2.—(1) In these Regulations—

[F2“the Interpretation Act” means the Interpretation Act (Northern Ireland) 1954;]

“authorised person” means a person authorised under regulation 19;

“the Department” means the [F3Department of Agriculture, Environment and Rural Affairs] ;

“enforcement notice” means an enforcement notice served under regulation 23;

“enforcing authority” means—

(a)

as regards Northern Ireland, the Department or the district council, except where otherwise provided for in sub-paragraph (b);

(b)

as regards Northern Ireland offshore installations—

(i)

in relation to offshore installations used in connection with any of the activities described in regulation 4(1)(a) to (f), the Secretary of State;

(ii)

in relation to offshore installations used in connection with any of the activities described in regulation 4(1)(g), the Department;

“premises” includes—

(a)

land;

(b)

a vehicle or trailer;

(c)

an aircraft;

(d)

a ship;

(e)

a Northern Ireland offshore installation or part of a Northern Ireland offshore installation; and

“ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which permanently rests on or is permanently attached to the seabed.

[F4(2) The Interpretation Act applies to these Regulations as it applies to an Act of the Assembly.

(3) Section 20A (references to EU instruments) of the Interpretation Act 1978 applies to these Regulations as it applies to Acts of Parliament.]

Textual Amendments

Interpretation: EU RegulationsN.I.

3.—(1) In these Regulations—

“the 2014 Regulation” means Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 M2;

F5...

“Commission Regulation 1497/2007” means Commission Regulation (EC) No 1497/2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the

Council, standard leakage checking requirements for stationary fire protection systems containing certain fluorinated greenhouse gases M3;

“Commission Regulation 1516/2007” means Commission Regulation (EC) No 1516/2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the

Council, standard leakage checking requirements for stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases M4;

F6...

“Commission Regulation 304/2008” means Commission Regulation (EC) No 304/2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the

Council, minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases M5;

F7...

“Commission Regulation 306/2008” means Commission Regulation (EC) No 306/2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the

Council, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment M6;

“Commission Regulation 307/2008” means Commission Regulation (EC) No 307/2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the

Council, minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel as regards air conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases M7;

F8... F9...

“Commission Regulation 1191/2014” means Commission Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases M8[F10;]

[F11“Commission Regulation 2015/2065” means Commission Implementing Regulation (EU) 2015/2065 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format for notification of the training and certification programmes of the Member States;

“Commission Regulation 2015/2066” means Commission Implementing Regulation (EU) 2015/2066 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons carrying out installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switchgear;

“Commission Regulation 2015/2067” means Commission Implementing Regulation (EU) 2015/2067 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases and for the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment, containing fluorinated greenhouse gases; and

“Commission Regulation 2015/2068” means Commission Implementing Regulation (EU) 2015/2068 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format of labels for products and equipment containing fluorinated greenhouse gases.]

(2) Expressions used but not defined in these Regulations and used in the following legislation have the same meaning as they have in that legislation—

(a)the 2014 Regulation;

[F12(b)Commission Regulation 1497/2007;]

[F12(c)Commission Regulation 1516/2007;]

[F12(d)Commission Regulation 304/2008;]

[F12(e)Commission Regulation 306/2008;]

[F12(f)Commission Regulation 307/2008;]

[F12(g)Commission Regulation 1191/2014;]

[F12(h)Commission Regulation 2015/2065;]

[F12(i)Commission Regulation 2015/2066;]

[F12(j)Commission Regulation 2015/2067; and]

[F12(k)Commission Regulation 2015/2068.]

[F13(3) A reference in these Regulations to Commission Regulation 1191/2014 is a reference to that Commission Regulation as amended from time to time.]

Textual Amendments

Marginal Citations

M2OJ No L 150, 20.5.2014, p 195.

M3OJ No L 333, 19.12.2007, p 4.

M4OJ No L 335, 20.12.2007, p 10.

M5OJ No L 92, 3.4.2008, p 12.

M6OJ No L 92, 3.4.2008, p 21. There is a relevant corrigendum, OJ No L 280, 23.10.2008, p 38.

M7OJ No L 92, 3.4.2008, p 25.

M8OJ No L 318, 5.11.2014, p 5

Interpretation: offshore installationsN.I.

4.—(1) In these Regulations, “Northern Ireland offshore installation” means an installation or a structure [F14(other than a ship)] which is situated in the marine area and used [F15, or intended to be used or has been used,] in connection with any of the following activities—

(a)the exploitation, or exploration with a view to exploitation, of mineral resources in the marine area;

(b)the exploration of any place in the marine area, with a view to the storage of gas;

(c)the conversion of any place in the marine area for the purpose of storing gas;

(d)the storage of gas in the marine area or the recovery of gas so stored;

(e)the unloading of gas at any place in the marine area;

(f)the conveyance of things by means of a pipe, or system of pipes, constructed or placed in the marine area; and

(g)the production of energy from water or wind.

(2) In paragraph (1)—

(a)references (in whatever form) to storing gas include storing gas with a view to its permanent disposal; and

(b)“gas” means—

(i)gas within the meaning of section 2(4) of the Energy Act 2008 M9; or

(ii)carbon dioxide.

(c)“marine area” means the area (together with the places above and below it) comprising the waters of, or on or under the seabed in—

(i)the Northern Ireland inshore region; or

(ii)the sea in any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 M10 in respect to which any Northern Ireland department has functions designated by an order made under section 41(4) of that Act.

(d)each of the activities described include the provision of access to or accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, in connection with such an activity.

(3) In paragraph (2), “Northern Ireland inshore region” has the meaning given in section 322(1) of the Marine and Costal Access Act 2009 (interpretation).

Textual Amendments

Marginal Citations

Competent authorityN.I.

5.  The Department is the competent authority for the purposes of the 2014 Regulation in so far as that Regulation does not deal with import and export controls and trade with any place outside the United Kingdom, within the meaning of paragraph 20 of Schedule 3 to the Northern Ireland Act 1998.

[F16Service of noticesN.I.

5A.—(1) Section 24 (service of documents) of the Interpretation Act applies to the service of notices subject to this regulation and any specific provision made in these Regulations for a particular type of notice.

(2) A notice takes effect when served.

(3) A notice may, subject to paragraph (8) and without prejudice to the application of section 24(2) of the Interpretation Act, be served on a person by sending it to the person by electronic means.

(4) A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business at the address of the principal office of the partnership.

(5) For the purposes of this regulation, the principal office of a company registered outside the United Kingdom, or of a partnership undertaking business outside the United Kingdom, is its principal office within the United Kingdom.

(6) If a person has specified an address in the United Kingdom, other than the person’s address within the meaning of paragraph (4) or section 24 of the Interpretation Act, as the one at which the person or someone on the person’s behalf will accept notices of the same description as a notice, that address is also treated for the purposes of this regulation and section 24 of the Interpretation Act as the person’s address by which service may be effected.

(7) A notice may be sent to a person by electronic means only if—

(a)the person has indicated that notices of the same description as the notice may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose; and

(b)the notice is sent to that address in that form.

(8) A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given at 9am on the working day immediately following the day on which it was sent.

(9) In this regulation—

(a)“electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means; and

(b)“notice” means an information notice served under regulation 22 or an enforcement notice.]

Textual Amendments

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