The Ecodesign for Energy-Using Products (Amendment) Regulations 2009

Amendment of Part 6

8.—(1) Part 6 (offences and penalties) is amended as follows.

(2) For regulation 23 (offences and penalties in respect of regulations 3 to 5 and 8 to 10), substitute—

“Offences and penalties

23.— (1)  It is an offence—

(a) for a person to contravene—

(i) regulation 3 (restriction on listed products),

(ii) regulation 6A (restriction on special purpose lamps), or

(iii) regulation 9 (misleading markings);

(b) for a manufacturer to contravene regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);

(c) for an authorised representative or an importer of a listed product to contravene regulation 5 (authorised representatives and importers);

(d) for a manufacturer, authorised representative or an importer of a listed product to contravene regulation 8 (non-conformity) or 10 (documentation for inspection); or

(e) for a person to fail to comply with an enforcement notice.”.

(3) For regulation 25 (commencement of summary proceedings), substitute—

“Time limit for prosecution of offences

25.— (1)  An offence under these Regulations may be tried by summary proceedings if—

(a) in England and Wales, the information is laid;

(b) in Northern Ireland, the complaint is made; or

(c) in Scotland, the proceedings are begun,

before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcing authority thinks is sufficient to justify the proceedings comes to the enforcing authority’s knowledge.

(2) For the purposes of subsection (1)—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcing authority’s knowledge is to be conclusive evidence of that fact; and

(b) a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.”.

(4) After regulation 27 (remediation orders), insert—

“Recovery of expenses of enforcement

27A.— (1)  This regulation applies where a court convicts a person of an offence under regulations 23 or 24.

(2) The Court may (in addition to any other order it may make as to costs or expenses) order the person convicted to reimburse the enforcing authority for any expenditure which the enforcing authority or any authorised person has reasonably incurred in investigating the offence, including in purchasing or in testing or examining any listed product, or any part of it, in respect of which the offence was committed.”.