The Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001

11.—(1) The Energy Efficiency (Refrigerators and Freezers) Regulations 1997(1) are amended as follows.

(2) For paragraph (2) of regulation 2 (interpretation) substitute—

“(2) For the purposes of these Regulations compliance with an equivalent requirement of the legislation of another Member State constitutes sufficient compliance with the relevant requirement of these Regulations”.

(3) After regulation 9 (manufacturers' duties in respect of the manufacturing process), insert—

“Breach of regulation 8 or 9

9A.   Breach of regulation 8 (suppliers' duties in respect of non-conforming appliances) or 9 (manufacturers' duties in respect of the manufacturing process) shall be actionable by civil proceedings.”.

(4) In regulation 10(4) (enforcement and offences)—

(a) after “takes a decision” insert “to institute civil proceedings”; and

(b) for “amounts to or includes” substitute “may result in”.

(5) In Schedule 3 (offences, enforcement and other matters)—

(a) for sub-paragraph (2) of paragraph 1 substitute—

“(2) A person guilty of the offence of contravening paragraph 15(1) shall be liable, on summary conviction, to a fine not exceeding the statutory maximum, and on conviction on indictment, to a fine.”.

(b) Omit—

(i) sub-paragraphs (2) to (4) of paragraph 2;

(ii) the words “Subject to sub-paragraphs (3) to (5)” in sub-paragraph (2) of paragraph 3;

(iii) sub-paragraphs (3) to (5) of paragraph 3;

(iv) paragraphs 6, 7 and 8;

(v) the word “and” preceding, and the whole of, sub-paragraph (3)(j) of paragraph 15;

(vi) sub-paragraph (5)(f) of paragraph 15; and

(vii) paragraph 19.

(1)

S.I. 1997/1941.