The Notification of Existing Substances (Enforcement) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations give full effect in England, Wales and Scotland to Council Regulation (EEC) No. 793/93 (OJ No. L84, 5.4.93, p.1) on the evaluation and control of the risks of existing substances.

The Health and Safety Executive and the Secretary of State for the Environment are designated as the joint competent authority for the purposes of Article 13 of the Council Regulation (regulation 2).

Regulations 3 to 12 establish an enforcement regime for the Council Regulation.

Regulation 3 enables the Health and Safety Executive to exercise its enforcement powers under the Health and Safety at Work etc. Act 1974 for the purposes of enforcing the Council Regulation.

Regulations 4 to 6 set out the equivalent enforcement powers of the chief inspectors. These enforcement powers extend only to existing substances which are or have been manufactured or located in premises in relation to which the chief inspectors already exercise enforcement powers under section 17 of the Environmental Protection Act 1990 (regulation 4(1)).

Regulation 7(1) creates criminal offences in respect of failing to comply with the provisions of the Council Regulation. Regulation 7(2) creates offences in respect of failing to comply with the enforcement powers of the Executive or of the chief inspectors.

The Regulations also make provision for a court to order that certain matters be remedied (regulation 8), regarding the commission of offences by corporations (regulation 9), for the prosecution of offences due to the fault of another person (regulation 10), regarding the service of notices (regulation 11) and regarding the application of the Regulations to the Crown (regulation 12).