Search Legislation

Advanced Search

The Fluorinated Greenhouse Gases Regulations 2015

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the The Fluorinated Greenhouse Gases Regulations 2015. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Statutory Instruments

2015 No. 310

Environmental Protection

The Fluorinated Greenhouse Gases Regulations 2015

Made

16th February 2015

Laid before Parliament

19th February 2015

Coming into force

19th March 2015

The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the environment.

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for references to the following Commission Regulations to be construed as references to those Regulations as amended from time to time—

(a)

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 M3; and

(b)

Commission Regulation (EC) No 1494/2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, the form of labels and additional labelling requirements as regards products and equipment containing certain fluorinated greenhouse gases M4.

These Regulations are made by the Secretary of State in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M5.

Marginal Citations

M21972 c. 68. Section 2(2) is amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions in or as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales.

M3OJ No L 318, 5.11.2014, p 5.

M4OJ No L 332, 18.12.2007, p 25.

M5Paragraph 1A is inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and is amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

PART 1U.K.Introductory provisions

Citation, commencement [F1and extent] U.K.

1.—(1) These Regulations—

(a)may be cited as the Fluorinated Greenhouse Gases Regulations 2015; and

(b)come into force on 19th March 2015.

(2) They extend to Northern Ireland only in so far as they 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 M6 [F2or they deal with controls on gases, products and equipment traded between Great Britain and Northern Ireland].

F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

Interpretation: generalU.K.

2.—(1) In these Regulations—

“authorised person” means a person authorised under regulation 21;

[F4“civil penalty notice” means a notice served under paragraph 1 (as read with paragraphs 4 and 5) of Schedule 4;]

[F4“enforcement cost recovery notice” means a notice served under paragraph 6 of Schedule 4;]

“enforcement notice” means an enforcement notice served under regulation 25;

“enforcing authority” means—

(a)

as regards England, the Environment Agency, the local authority, the port health authority or the Secretary of State;

(b)

as regards Wales, the Natural Resources Body for Wales, the local authority, the port health authority or the Welsh Ministers;

(c)

[F5as regards Scotland, subject to paragraphs (e) and (f)—

(i)

each local authority;

(ii)

SEPA;

(iii)

the Scottish Ministers;]

(d)

as regards Northern Ireland, [F6the Department of Agriculture, Environment and Rural Affairs] or the local authority;

(e)

as regards offshore installations, the Secretary of State;

(f)

as regards Scottish offshore installations, the Scottish Ministers;

(g)

as regards Northern Ireland offshore installations—

(i)

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

(ii)

in relation to installations used in connection with any of the activities described in regulation 4(4)(h) and (i), [F6the Department of Agriculture, Environment and Rural Affairs];

“premises” includes—

(a)

land;

(b)

a vehicle or trailer;

(c)

an aircraft;

(d)

a ship;

(e)

an offshore installation or part of an offshore installation;

(f)

a Scottish offshore installation or part of a Scottish offshore installation;

(g)

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

[F7“relevant enforcing authority” means—

(a)

as regards England—

(i)

the Environment Agency;

(ii)

the Secretary of State;

(b)

as regards Scotland, and subject to sub-paragraphs (c) and (d)—

(i)

SEPA;

(ii)

the Scottish Ministers;

(c)

as regards offshore installations, the Secretary of State;

(d)

as regards Scottish offshore installations, the Scottish Ministers;]

[F8“Scotland” is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998;]

[F8“SEPA” means the Scottish Environment Protection Agency;]

“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.

(2) In paragraph (1)—

“local authority” means—

(a)

as regards England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)

as regards Wales, a county council or a county borough council;

(c)

as regards Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M7;

(d)

as regards Northern Ireland, a district council, within the meaning of section 44 of the Interpretation Act (Northern Ireland) 1954 M8;

“port health authority” means—

(a)

in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984 M9), the Common Council of the City of London;

(b)

in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district constituted by order under section 2(4) of that Act.

Textual Amendments

Marginal Citations

M71994 c. 39. Section 2 is amended by paragraph 232(1) of Schedule 22 to the Environment Act 1995 (c. 25).

Interpretation: EU RegulationsU.K.

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 M10;

F9...

“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 M11;

“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 M12;

F10...

“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 M13;

F11...

“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 M14;

“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 M15;

F12...

“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.

[F13“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;]

[F13“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;]

[F13“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;]

[F13“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;]

[F13“Commission Regulation 2016/879” means Commission Implementing Regulation (EU) 2016/879 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, detailed arrangements relating to the declaration of conformity when placing refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons on the market and its verification by an independent auditor]

(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;

[F14(b)Commission Regulation 1497/2007;

(c)Commission Regulation 1516/2007;

(d)Commission Regulation 304/2008;

(e)Commission Regulation 306/2008;

(f)Commission Regulation 307/2008;

(g)Commission Regulation 1191/2014;

(h)Commission Regulation 2015/2065;

(i)Commission Regulation 2015/2066;

(j)Commission Regulation 2015/2067;

(k)Commission Regulation 2015/2068;

(l)Commission Regulation 2016/879.]

(3) A reference in these Regulations to the following is a reference to those Commission Regulations as amended from time to time—

F15(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Commission Regulation 1191/2014.

Textual Amendments

F14Reg. 3(2)(b)-(l) substituted for reg. 3(2)(b)-(j) (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 5(3)

Marginal Citations

M10OJ No L 150, 20.5.2014, p 195.

M11OJ No L 333, 19.12.2007, p 4.

M12OJ No L 335, 20.12.2007, p 10.

M13OJ No L 92, 3.4.2008, p 12.

M14OJ No L 92, 3.4.2008, p 21. There is a relevant corrigendum (OJ No L 280, 23.10.2008, p 38).

M15OJ No L 92, 3.4.2008, p 25.

Interpretation: offshore installationsU.K.

4.—(1) In these Regulations, “offshore installation” means an installation or structure [F16(other than a Scottish offshore installation, a Northern Ireland offshore installation or a ship)] which is—

(a)situated in the waters of, or on or under the seabed in—

(i)the tidal waters and parts of the sea in or adjacent to the United Kingdom up to the seaward limits of the territorial sea;

(ii)in the case of the activities listed in sub-paragraph (b)(i) to (vi), an area designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 M16; or

(iii)in the case of the activity listed in sub-paragraph (b)(vii), the sea in any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 M17; and

(b)used[F17, intended to be used or has been used,] in connection with—

(i)the exploitation, or the exploration with a view to exploitation, of mineral resources in or under the shore or bed of waters described in sub-paragraph (a)(i) and (ii);

(ii)the exploration of a place in, under or over such waters with a view to the storage of gas;

(iii)the conversion of a place under the shore or bed of such waters for the purpose of storing gas;

(iv)the storage of gas in, under or over such waters or the recovery of gas so stored;

(v)the unloading of gas at a place in, under or over such waters;

(vi)the conveyance of things by means of a pipe, or system of pipes, constructed or placed on, in or under the shore or bed of such waters; or

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

(2) In paragraphs (1) and (4)—

(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 M18; or

(ii)carbon dioxide.

(3) In these Regulations, “Scottish offshore installation” means an installation or a structure, other than a ship, which is—

(a)situated in the waters of, or on or under the seabed in—

(i)the tidal waters and parts of the sea in or adjacent to Scotland up to the seaward limits of the territorial sea; or

(ii)the sea in any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 in respect to which the Scottish Ministers have functions designated by an order made under section 41(4) of that Act; and

(b)used in connection with the production of energy from water or wind.

(4) In these Regulations, “Northern Ireland offshore installation” means an installation or a structure, other than a ship, which is situated in the marine area and 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;

(g)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 any of the activities within sub-paragraphs (a) to (f);

(h)the production of energy from water or wind;

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

(5) In paragraph (4), “marine area” means the area (together with the places above and below it) comprising the waters of, or on or under the seabed in—

[F18(a)the Northern Ireland inshore region;]

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

(6) For the purposes of paragraphs (1)(b) and (3)(b), each of the activities described in those paragraphs includes 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.

[F19(7) In paragraph (5), “Northern Ireland inshore region” has the meaning given in section 322(1) of the Marine and Coastal Access Act 2009 (interpretation).]

Textual Amendments

Marginal Citations

M161964 c. 29. Section 1(7) is amended by paragraph 1 of Schedule 3 to the Oil and Gas (Enterprise) Act 1982 (c. 23) and section 103 of the Energy Act 2011 (c. 16). Areas have been designated under section 1(7) by S.I. 1987/1265 (as amended by S.I. 2000/3062) and 2013/3162.

M172009 c. 23. A designation has been made by S.I. 2013/3161.

Competent authorityU.K.

[F205.—(1) The Secretary of State is the competent authority for the purposes of the 2014 Regulation in its application to—

(a)England, Wales and Scotland;

(b)offshore installations; and

(c)Northern Ireland and Northern Ireland offshore installations.

(2) The Scottish Ministers are the competent authority for the purposes of the 2014 Regulation in its application to Scottish offshore installations.]

Textual Amendments

[F21Service of noticesU.K.

5A.—(1) This regulation applies to the service of notices under these Regulations, subject to any specific provision made in these Regulations for a particular type of notice.

(2) A notice takes effect when served.

(3) A notice may be served on a person by—

(a)handing it to the person;

(b)leaving it at the person’s proper address;

(c)sending it by post to the person at that address;

(d)subject to paragraph (9), sending it to the person by electronic means.

(4) A notice to a body corporate may be given to an officer of that body.

(5) A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business.

(6) For the purposes of this regulation, and section 7 of the Interpretation Act 1978 (references to service by post) in its application to this regulation, the proper address of a person is—

(a)in the case of a body corporate or one of its officers, the address of the body’s registered or principal office;

(b)in the case of a partnership, a partner or person having the control or management of the partnership business, the address of the principal office of the partnership;

(c)in any other case, the person’s last known address.

(7) For the purposes of paragraph (6), the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.

(8) If a person has specified an address in the United Kingdom, other than the person’s proper address within the meaning of paragraph (6), as the one at which the person or someone on the person’s behalf will accept notices of the same description as a notice under these Regulations, that address is also treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 as the person’s proper address.

(9) 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 a notice under these Regulations 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.

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

(11) In this regulation—

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

“officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body.]

Textual Amendments

PART 2U.K.Importation

ImportationE+W+S

6.  In respect of the importation of any product or equipment referred to in Annex III to the 2014 Regulation into [F22Great Britain], section 170 of the Customs and Excise Management Act 1979 M19 has effect in relation to the fraudulent evasion or attempted evasion of the prohibition set out in Article 11(1) of the 2014 Regulation, as qualified by Article 11(2) of that Regulation.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Marginal Citations

M191979 c. 2. Section 170 is amended by section 114(1) of the Police and Criminal Evidence Act 1984 (c. 60), section 12(1) and (6) of the Finance Act 1988 (c. 39), paragraph 7 of Schedule 2 to the Finance (No. 2) Act 1992 (c. 48), section 293(4) of the Criminal Justice Act 2003 (c. 44), paragraph 8(5) of Part 2 of Schedule 17 to the Criminal Justice and Immigration Act 2008 (c. 4), and section 111(4) and (5) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), and by S.I. 1996/2686, 2004/702 and 2005/1966.

ImportationN.I.

6.  In respect of the importation of any product or equipment referred to in Annex III to the 2014 Regulation into [F93Northern Ireland] from outside the customs territory of the EU, section 170 of the Customs and Excise Management Act 1979 F94 has effect in relation to the fraudulent evasion or attempted evasion of the prohibition set out in Article 11(1) of the 2014 Regulation, as qualified by Article 11(2) of that Regulation.

Extent Information

E5This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F941979 c. 2. Section 170 is amended by section 114(1) of the Police and Criminal Evidence Act 1984 (c. 60), section 12(1) and (6) of the Finance Act 1988 (c. 39), paragraph 7 of Schedule 2 to the Finance (No. 2) Act 1992 (c. 48), section 293(4) of the Criminal Justice Act 2003 (c. 44), paragraph 8(5) of Part 2 of Schedule 17 to the Criminal Justice and Immigration Act 2008 (c. 4), and section 111(4) and (5) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), and by S.I. 1996/2686, 2004/702 and 2005/1966.

Proof of lawful importE+W+S

7.—(1) Where any product or equipment is being, or has been, imported into [F23Great Britain], an officer of Revenue and Customs may require any person possessing or having control of that product or equipment to furnish, within such reasonable time as that officer may specify, evidence that the importation is, or was, in accordance with the provisions of the 2014 Regulation.

(2) Until such evidence is furnished to the satisfaction of the Commissioners for Revenue and Customs, the product or equipment may be detained by them.

(3) If such evidence is not furnished to the satisfaction of the Commissioners for Revenue and Customs within the period specified under paragraph (1), the product or equipment is liable to forfeiture and the Customs and Excise Management Act 1979 applies in relation to it as if it were liable to forfeiture under that Act.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Proof of lawful importN.I.

7.—(1) Where any product or equipment is being, or has been, imported into [F95Northern Ireland] from outside the customs territory of the EU, an officer of Revenue and Customs may require any person possessing or having control of that product or equipment to furnish, within such reasonable time as that officer may specify, evidence that the importation is, or was, in accordance with the provisions of the 2014 Regulation.

(2) Until such evidence is furnished to the satisfaction of the Commissioners for Revenue and Customs, the product or equipment may be detained by them.

(3) If such evidence is not furnished to the satisfaction of the Commissioners for Revenue and Customs within the period specified under paragraph (1), the product or equipment is liable to forfeiture and the Customs and Excise Management Act 1979 applies in relation to it as if it were liable to forfeiture under that Act.

Extent Information

E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

[F24Disclosure of information held by Revenue and CustomsE+W+S

7A.—(1) This regulation applies to information which is held by or on behalf of Revenue and Customs, including information obtained before the coming into force of this regulation.

(2) Revenue and Customs may disclose information, in accordance with this regulation, to any of the following enforcing authorities if the disclosure is made for the purpose of enabling the enforcing authority to comply with its duties under regulation 20(1)—

(a)the Environment Agency;

(b)the Secretary of State;

(c)the Natural Resources Body for Wales;

(d)the Welsh Ministers;

(e)SEPA;

(f)the Scottish Ministers.

(3) Information obtained by means of a disclosure permitted under paragraph (2) must not be further disclosed except—

(a)for the purpose mentioned in that paragraph, or

(b)with the consent of the Commissioners for Revenue and Customs (which may be general or specific).

(4) Nothing in this regulation authorises the making of any disclosure which is prohibited by any provision of the Data Protection Act 1998.

(5) Nothing in this regulation prejudices any power or requirement to disclose information which exists apart from this regulation.]

Textual Amendments

PART 3U.K.Certification, evaluation and attestation

[F25Appointment of certification, evaluation and attestation bodiesU.K.

8.—(1) The Secretary of State may appoint, after consulting the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs, such person and on such terms as the Secretary of State thinks fit to be—

(a)for the purposes of Commission Regulation 304/2008—

(i)a certification body for the purposes of Article 5 (personnel certificates);

(ii)an evaluation body for the purposes of Article 5;

(iii)a certification body for the purposes of Article 8 (company certificates);

(b)for the purposes of Commission Regulation 306/2008—

(i)a certification body;

(ii)an evaluation body;

(c)for the purposes of Commission Regulation 307/2008, an attestation body;

(d)for the purposes of Commission Regulation 2015/2066—

(i)a certification body;

(ii)an evaluation body;

(e)in relation to Commission Regulation 2015/2067—

(i)a certification body for the purposes of Article 4 (certificates for natural persons);

(ii)an evaluation body for the purposes of Article 4;

(iii)a certification body for the purposes of Article 6 (company certificates).

(2) The Secretary of State may charge such fees as the Secretary of State considers will enable the recovery of any reasonable expenses incurred in reviewing an application to be appointed under paragraph (1).

(3) The Secretary of State may, after consulting the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs, decide to terminate the appointment of a person appointed under paragraph (1) by giving that person notice of the decision, with reasons, in writing.]

Textual Amendments

Certificates relating to stationary refrigeration, air conditioning and heat pump equipment issued in EEA States and Northern IrelandU.K.

9.—(1) A person who holds a valid certificate issued under [F26Article 4 or 6 of Commission Regulation 2015/2067] by a certification body in an EEA State [F27other than the United Kingdom] in respect of an activity mentioned in Article 2 of that Regulation may not carry out that activity unless—

(a)the certificate is written in English; or

(b)the person holds a translation of the certificate in English.

(2) A person who holds a valid certificate issued under [F28Article 4 or 6 of Commission Regulation 2015/2067] by a certification body appointed in Northern Ireland in respect of an activity mentioned in Article 2 of that Regulation may carry out that activity.

Textual Amendments

Certification and evaluation bodies: fire protection systems and fire extinguishersU.K.

F2910.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certificates relating to fire protection systems and fire extinguishers issued in EEA States and Northern IrelandU.K.

11.—(1) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 304/2008 by a certification body in an EEA State [F30other than the United Kingdom] in respect of an activity mentioned in Article 2 of that Regulation may not carry out that activity unless—

(a)the certificate is written in English; or

(b)the person holds a translation of the certificate in English.

(2) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 304/2008 by a certification body appointed in Northern Ireland in respect of an activity mentioned in Article 2 of that Regulation may carry out that activity.

Textual Amendments

Certification and evaluation bodies: high-voltage switchgearU.K.

F3112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certificates relating to [F32electrical] switchgear issued in EEA States and Northern IrelandU.K.

13.—(1) An individual who holds a valid certificate issued under [F33Article 3 of Commission Regulation 2015/2066] by a certification body in an EEA State [F34other than the United Kingdom] may not carry out the activity mentioned in Article 1 of that Regulation unless—

(a)the certificate is written in English; or

(b)the individual holds a translation of the certificate in English.

(2) An individual who holds a valid certificate issued under [F35Article 3 of Commission Regulation 2015/2066] by a certification body appointed in Northern Ireland in respect of the activity mentioned in Article 1 of that Regulation may carry out that activity.

Textual Amendments

Certification and evaluation body: fluorinated greenhouse gas-based solventsU.K.

F3614.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certificates relating to fluorinated greenhouse gas-based solvents issued in EEA States and Northern IrelandU.K.

15.—(1) An individual who holds a valid certificate issued under Article 3 of Commission Regulation 306/2008 by a certification body in an EEA State [F37other than the United Kingdom] may not carry out the activity mentioned in Article 1 of that Regulation unless—

(a)the certificate is written in English; or

(b)the individual holds a translation of the certificate in English.

(2) An individual who holds a valid certificate issued under Article 3 of Commission Regulation 306/2008 by a certification body appointed in Northern Ireland in respect of the activity mentioned in Article 1 of that Regulation may carry out that activity.

Textual Amendments

Attestation bodies: air conditioning systems in certain motor vehiclesU.K.

F3816.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Attestations relating to air conditioning systems in certain motor vehicles issued in EEA States and Northern IrelandU.K.

17.—(1) An individual who holds a valid attestation issued under Article 3(2) of Commission Regulation 307/2008 by an attestation body in an EEA State [F39other than the United Kingdom] may not carry out the activity mentioned in Article 1 of that Regulation unless—

(a)the attestation is written in English; or

(b)the individual holds a translation of the attestation in English.

(2) An individual who holds a valid attestation issued under Article 3(2) of Commission Regulation 307/2008 by an attestation body appointed in Northern Ireland in respect of the activity mentioned in Article 1 of that Regulation may carry out that activity.

Textual Amendments

Obligation of employers to employ qualified employeesU.K.

18.  The employer of an individual employed to carry out any work or activity referred to in the following provisions must ensure that that individual holds the qualification necessary to enable the individual to carry out the work or activity—

(a)Article 2(1) of [F40Commission Regulation 2015/2067];

(b)Article 2(1) of Commission Regulation 304/2008;

(c)Article 1 of [F41Commission Regulation 2015/2066];

(d)Article 1 of Commission Regulation 306/2008;

(e)Article 1 of Commission Regulation 307/2008.

Textual Amendments

Obligations on certification bodies, attestation bodies and evaluation bodies to provide informationU.K.

19.—(1) When requested to do so by any person, a certification body must, within 14 days of the request being made, provide details of any certificate issued by it pursuant to—

[F42(a)Commission Regulation 2015/2067;]

(b)Commission Regulation 304/2008;

[F43(c)Commission Regulation 2015/2066;]

(d)Commission Regulation 306/2008.

(2) When requested to do so by any person, an attestation body must, within 14 days of the request being made, provide details of an attestation issued by it pursuant to Commission Regulation 307/2008.

(3) In this regulation, “details”, in relation to a certificate or attestation, includes—

(a)the name of the person to whom the certificate or attestation was issued;

(b)the date on which the certificate or attestation was issued; and

(c)in the case of an individual, the examination or training to which the certificate or attestation relates.

(4) When requested to do so by the Secretary of State, a relevant body must provide as soon as reasonably practicable to the Secretary of State such information as the Secretary of State may require to ensure that the obligations of the United Kingdom imposed by the first sentence of Article 10(10) of the 2014 Regulation (training and certification) and by [F44Commission Regulation 2015/2065] are complied with.

(5) In paragraph (4), “relevant body” means a certification body, an attestation body or an evaluation body referred to in, or appointed under, these Regulations.

Textual Amendments

[F45Publication of details of certification bodies, attestation bodies and evaluation bodiesU.K.

19A.—(1) The Secretary of State must, after consulting the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs, publish the following information about any person appointed as a certification body, attestation body or evaluation body under regulation 8—

(a)name;

(b)company number, where relevant;

(c)postal address;

(d)telephone number;

(e)email address.

(2) Publication under this regulation is to be in such manner as the Secretary of State considers appropriate.]

Textual Amendments

PART 4U.K.Enforcement

EnforcementU.K.

20.—(1) [F46Subject to paragraph (2A), each] enforcing authority must enforce these Regulations.

(2) In relation to cases of a particular description, or a particular case—

(a)the Secretary of State may, as regards England, direct that the duty in paragraph (1) is to be discharged by the Secretary of State and not by another enforcing authority;

(b)the Welsh Ministers may, as regards Wales, direct that the duty in paragraph (1) is [F47only to be discharged by a specific] enforcing authority;

(c)the Scottish Ministers may, as regards Scotland, direct [F48SEPA or a local authority that the duty in paragraph (1) is, or is not, to be discharged by it];

(d)[F49the Department of Agriculture, Environment and Rural Affairs] may, as regards Northern Ireland, direct that the duty in paragraph (1) is to be discharged by [F49the Department of Agriculture, Environment and Rural Affairs] and not by another enforcing authority.

[F50(2A) An enforcing authority must comply with a direction given to it under paragraph (2).

(2B) A direction given under paragraph (2) may be revoked or modified by a further direction given under that paragraph.]

F51(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appointment of authorised personsU.K.

21.—(1) [F52An] enforcing authority may authorise in writing such persons (“authorised persons”) as it considers appropriate to act for the purpose of enforcing these Regulations.

(2) An authorisation under any of the following is an authorisation for the purposes of these Regulations—

(a)section 108 of the Environment Act 1995 M20 (powers of enforcing authorities and persons authorised by them);

(b)Article 19 of the Environment (Northern Ireland) Order 2002 M21 (powers of enforcing authorities and persons authorised by them).

(3) An authorisation under any of the following is an authorisation for the purposes of paragraph (1), unless the Secretary of State specifies to the contrary—

(a)regulation 16 of the Offshore Chemicals Regulations 2002 M22 (appointment of inspectors);

(b)regulation 12 of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 M23 (inspectors).

Textual Amendments

Marginal Citations

M201995 c. 25. Section 108 is amended by Schedule 3 to the Pollution Prevention and Control Act 1999 (c. 24), section 55(7) to (9) of the Anti-social Behaviour Act 2003 (c. 38), section 53 of the Clean Neighbourhoods and Environment Act 2005 (c. 16), paragraph 3 of Part 1 of Schedule 2 to the Protection of Freedoms Act 2012 (c. 9), section 46(2) of, and paragraph 5(3) of Part 1 of Schedule 3, and paragraph 43(1) and (10)(a) of Part 6 of Schedule 3 to, the Regulatory Reform (Scotland) Act 2014 (asp 3), by S.I. 2000/1973, 2010/675 and 2013/755, and by S.S.I. 2000/323 and 2006/181.

M22S.I. 2002/1355, amended by S.I. 2005/2055 and 2011/982. There are other amendments not relevant to this instrument.

M23S.I. 2005/2055, amended by S.I. 2011/983. There are other amendments not relevant to this instrument.

Powers of authorised personsU.K.

22.—(1) An authorised person may, on production (if so required) of the authority of that person, exercise any of the powers specified in paragraph (2) for the purpose of enforcing these Regulations.

(2) The powers of an authorised person are—

(a)subject to paragraph (3), to enter premises between the hours of 8 a.m. and 6 p.m. on any working day, other than premises used wholly or mainly for residential purposes, which the authorised person has reason to believe it is necessary for the authorised person to enter;

(b)on entering any premises by virtue of sub-paragraph (a), to take with the authorised person—

(i)up to four other persons whose presence appears to the authorised person to be required in connection with the exercise by the authorised person of any power under this regulation, including, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of the duty of the authorised person, a constable; and

(ii)any equipment or materials required for any purpose for which the power of entry is being exercised;

(c)to make such examination or investigation as may in any circumstances be necessary;

(d)as regards any premises which the authorised person has power to enter, to direct that those premises or any part of them, or anything in them, must be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c);

(e)to take such measurements and photographs and make such recordings as the authorised person considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

(f)to take samples of any articles or substances found in or on any premises which the authorised person has power to enter;

(g)in the case of any article or substance found in or on any premises which the authorised person has power to enter, being an article or substance which appears to the authorised person to have caused or to be likely to cause pollution of the environment or harm to human health or to the health of animals or plants, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that is necessary);

(h)in the case of any such article or substance, to take possession of it and detain it for so long as is necessary for all or any of the following purposes—

(i)to examine it and do to it anything which the authorised person has power to do under sub-paragraph (g);

(ii)to ensure that it is not tampered with before the examination by the authorised person is completed;

(iii)to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;

(i)to require any person whom the authorised person has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of anyone, other than someone nominated by that person to be present and anyone whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of the answers of that person;

(j)to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for the authorised person to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;

(k)to require any person to afford the authorised person such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on the authorised person by this regulation.

(3) The time limitation specified in paragraph (2)(a) does not apply in relation to offshore installations, Scottish offshore installations or Northern Ireland offshore installations.

(4) Where an authorised person proposes to exercise the power conferred by paragraph (2)(g) in the case of an article or substance, the authorised person must, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

(5) Before exercising the power conferred by paragraph (2)(g) in the case of any article or substance, an authorised person must consult such persons as appear to the authorised person appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which the authorised person proposes to do under the power.

(6) Where under the power conferred by paragraph (2)(h) an authorised person takes possession of any article or substance found on any premises, the authorised person must—

(a)leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that the authorised person has taken possession of it under that power; and

(b)before taking possession of any such article or substance under that power, if it is practical to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.

(7) Nothing in this regulation is taken to compel the production by any person of a document which the person would be entitled to withhold production of on grounds of—

(a)legal professional privilege on an order for disclosure and inspection in an action in the High Court; or

(b)confidentiality in proceedings in the Court of Session in Scotland.

(8) No person may intentionally prevent any other person from appearing before an authorised person under paragraph (2)(i) or from answering any question to which an authorised person may by virtue of paragraph (2)(i) require an answer.

(9) No answer given by a person in pursuance of a requirement imposed under paragraph (2)(i) is admissible in evidence in England, Wales, Scotland or Northern Ireland against that person in any proceedings.

(10) In paragraph (2)(a), “working day” means a day which is not—

(a)Saturday or Sunday; or

(b)Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M24 in the part of the United Kingdom in which the premises are situated.

Marginal Citations

M241971 c. 80. See section 1 and Schedule 1, which was amended by section 1 of the St. Andrew's Day Bank Holiday (Scotland) Act 2007 (asp 2).

WarrantsU.K.

23.—(1) A justice of the peace, in Scotland a stipendiary magistrate or a sheriff, or in Northern Ireland a lay magistrate, may, by signed warrant, permit an authorised person to enter premises, if necessary by reasonable force, if satisfied, on sworn information in writing, that—

(a)there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations; and

(b)any of the conditions in paragraph (2) are met.

(2) The conditions are—

(a)entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b)asking for entry to the premises, or giving such a notice, would defeat the object of the entry;

(c)entry is required urgently; or

(d)the premises are unoccupied or the occupier is temporarily absent.

(3) A warrant under this regulation is valid for three months.

Information noticesU.K.

24.  An [F53enforcing authority] may, by notice served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following the service of the notice or at such time as is so specified.

Textual Amendments

Enforcement noticesU.K.

25.—(1) An [F54enforcing authority] may serve an enforcement notice on any person who—

(a)in the opinion of the [F55enforcing authority], fails to, or is likely to fail to, comply with—

(i)a provision of the 2014 Regulation specified in Schedule 2; or

(ii)a provision of the Commission Regulations specified in Schedule 3, read in association with Part 3 of these Regulations;

(b)submits a report under Article 19 of the 2014 Regulation which is not submitted in accordance with Commission Regulation 1191/2014;

(c)fails, where labelling for products and equipment is required under Article 12 of the 2014 Regulation, to comply with [F56Article 2 of Commission Regulation 2015/2068 (labelling format)].

(d)fails to comply with a requirement under regulation 18;

(e)fails to comply with a requirement under regulation 19; or

(f)fails to comply with an information notice served under regulation 24.

(2) An [F57enforcing authority] may serve an enforcement notice on a person qualified in relation to fire protection systems who fails to comply with any of the following requirements of Commission Regulation 1497/2007—

(a)Article 3 (checking system records);

(b)Article 4(1) (visual checks by certified personnel);

(c)Article 4(2) (checks in cases of presumed leakage);

(d)Article 6 (follow-up check).

(3) An [F57enforcing authority] may serve an enforcement notice on an operator of a fire protection system who—

(a)fails to comply with any of the following requirements of Commission Regulation 1497/2007—

(i)Article 2(1) (system records);

(ii)Article 2(3) (determination of gas charge by certified personnel);

(b)fails to ensure that Article 2(2) of Commission Regulation 1497/2007 (indication of gas charge) is complied with; or

(c)fails to ensure that the following requirements of Commission Regulation 1497/2007 are carried out by a person qualified in relation to fire protection systems—

(i)Article 4(4) (checking of pressure gauges and weight-monitoring devices);

(ii)Article 5 (repair of leakage);

(iii)Article 7 (requirements for newly commissioned systems).

(4) Subject to paragraph (6), an [F57enforcing authority] may serve an enforcement notice on a person qualified in relation to stationary equipment who fails to comply with any of the following requirements of Commission Regulation 1516/2007—

(a)Article 3 (checking equipment records);

(b)Article 4 (systematic checks);

(c)Article 5 (choice of measuring method);

(d)Article 6 (direct measuring methods);

(e)Article 7(1) (indirect measuring methods);

(f)Article 7(2) (examination using a direct method);

(g)Article 9 (follow-up check).

(5) Subject to paragraph (6), an [F57enforcing authority] may serve an enforcement notice on an operator of stationary equipment who—

(a)fails to comply with any of the following requirements of Commission Regulation 1516/2007—

(i)Article 2(1) (equipment records);

(ii)Article 2(3) (determination of gas charge by certified personnel);

(b)fails to ensure that the following requirements of Commission Regulation 1516/2007 are complied with—

(i)Article 2(2) (indication of gas charge);

(ii)Article 2(4) (indication of leakage cause); or

(c)fails to ensure that the following requirements of Commission Regulation 1516/2007 are carried out by a person qualified in relation to stationary equipment—

(i)Article 8 (repair of leakage);

(ii)Article 10 (requirements for newly commissioned equipment).

(6) Paragraphs (4) and (5) do not apply in respect of equipment with a hermetically sealed system which—

(a)is labelled as having such a system; and

(b)contains less than 6 kilograms of fluorinated greenhouse gases.

(7) An enforcement notice must—

(a)specify the matters constituting the failure to comply or those making a failure to comply likely;

(b)specify the steps that must be taken to remedy or avert the failure to comply;

(c)specify the period in which those steps must be taken;

(d)provide information on the right to appeal under regulation 26; and

[F58(e)state that it is an offence under regulation 29(1)(e) to fail to comply with the enforcement notice.]

[F58(e)state that a requirement to pay a civil penalty may be imposed if a person fails, or causes or permits another person to fail, to comply with the enforcement notice.]

(8) An [F59enforcing authority] may at any time withdraw an enforcement notice.

(9) A person on whom an enforcement notice is served must comply with it at their own expense.

(10) If an enforcement notice is not complied with, the enforcing authority [F60which served the notice] may arrange for it to be complied with at the expense of the person on whom it was served.

(11) In this regulation—

(a)“fire protection system” means a fire protection system, within the meaning given in Article 1 of Commission Regulation 1497/2007, containing 3 kilograms or more of fluorinated greenhouse gases;

(b)“person qualified in relation to fire protection systems” means an individual who—

(i)holds a certificate issued under Article 5 of Commission Regulation 304/2008 which relates to leakage checking of fire protection systems; or

(ii)is exempt from holding such a certificate by virtue of Article 4(2) of Commission Regulation 304/2008;

(c)“person qualified in relation to stationary equipment” means an individual who—

(i)holds a valid certificate issued under [F61Article 4 of Commission Regulation 2015/2067] which relates to leakage checking of stationary equipment;

(ii)is exempt from holding such a certificate by virtue of [F62Article 3(3)(b) or (4) of Commission Regulation 2015/2067]; or

(iii)is exempt from holding such a certificate by virtue of [F63Article 3(3)(a) of Commission Regulation 2015/2067 where the person is suitably qualified for the purposes of the essential safety requirements in paragraph 21(3) in Part 3 of Schedule 2 to the Pressure Equipment (Safety) Regulations 2016 (permanent joining)];

(d)“stationary equipment” means stationary refrigeration, air conditioning or heat pump equipment which contains three kilograms or more of fluorinated greenhouse gases.

Textual Amendments

Appeals against enforcement notices [F64etc.] E+S

26.—(1) A person who is aggrieved by an enforcement notice may appeal against it.

(2) [F65Except in the case of an appeal mentioned in paragraph (2A), the right] of appeal is to a magistrates' court or, in Scotland, to the sheriff.

[F66(2A) Schedule 5 sets out the procedure for an appeal against an enforcement notice, a civil penalty notice or an enforcement cost recovery notice, served by the Secretary of State, the Environment Agency, the Scottish Ministers or SEPA.]

(3) The procedure on appeal to a magistrates' court is—

(a)in England and Wales, by way of complaint, and the Magistrates' Courts Act 1980 M25 applies to the proceedings;

(b)in Northern Ireland, by way of notice, and Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981 M26 applies to the proceedings.

F67(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An appeal must be brought by no later than 28 days after the date on which the enforcement notice is served.

(6) An enforcement notice is not suspended pending an appeal unless the court or sheriff orders otherwise.

[F68(7) The grounds for an appeal brought under this regulation are that a decision to serve the enforcement notice was—

(a)based on an error of fact;

(b)wrong in law;

(c)wrong for any other reason;

(d)unreasonable.]

Textual Amendments

Marginal Citations

Proceedings before a civil courtU.K.

27.—(1) [F69If the] [F69If an] enforcing authority is of the opinion that [F70 proceedings against a person for an offence under regulation 29(1)(e)] [F70a civil penalty imposed for a failure to comply with an enforcement notice under regulation 31A(2)(h)(ii)] would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purposes of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.

(2) Civil proceedings under paragraph (1) may be taken—

(a)in the County Court or the High Court; or

(b)in Scotland, before the sheriff.

Textual Amendments

Powers of the Secretary of State, the Scottish Ministers and [F71the Department of Agriculture, Environment and Rural Affairs] E+W+S

28.—(1) This regulation applies where, in contravention of Article 11 of the 2014 Regulation, a person has imported into [F72Great Britain] a product or equipment containing, or whose functioning relies upon, fluorinated greenhouse gases.

(2) The Secretary of State may require the person to, within a reasonable period of time—

(a)dispose of the product or equipment without causing pollution of the environment or harm to human health or the health of animals or plants;

(b)otherwise render it harmless; or

(c)remove it from—

(i)the United Kingdom;

(ii)an offshore installation; or

(iii)a Northern Ireland offshore installation [F73used in connection with any of the activities described in regulation 4(4)(a) to (g)].

(3) The Scottish Ministers may require the person to, within a reasonable period of time, remove the product or equipment from a Scottish offshore installation.

(4) [F74The Department of Agriculture, Environment and Rural Affairs] may require the person to, within a reasonable period of time, remove the product or equipment from a Northern Ireland offshore installation used in connection with any of the activities described in regulation 4(4)(h) and (i).

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Powers of the Secretary of State, the Scottish Ministers and [F96the Department of Agriculture, Environment and Rural Affairs] N.I.

28.—(1) This regulation applies where, in contravention of Article 11 of the 2014 Regulation, a person has imported into [F97Northern Ireland] from outside the customs territory of the EU a product or equipment containing, or whose functioning relies upon, fluorinated greenhouse gases.

(2) The Secretary of State may require the person to, within a reasonable period of time—

(a)dispose of the product or equipment without causing pollution of the environment or harm to human health or the health of animals or plants;

(b)otherwise render it harmless; or

(c)remove it from—

(i)the United Kingdom;

(ii)an offshore installation; or

(iii)a Northern Ireland offshore installation [F98used in connection with any of the activities described in regulation 4(4)(a) to (g)].

(3) The Scottish Ministers may require the person to, within a reasonable period of time, remove the product or equipment from a Scottish offshore installation.

(4) [F99The Department of Agriculture, Environment and Rural Affairs] may require the person to, within a reasonable period of time, remove the product or equipment from a Northern Ireland offshore installation used in connection with any of the activities described in regulation 4(4)(h) and (i).

Extent Information

E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

PART 5U.K.Offences and penalties

OffencesW+N.I.

29.—(1) It is an offence for a person to do any of the following, or to cause or permit another person to do any of the following—

(a)breach any of the prohibitions mentioned in the following provisions of the 2014 Regulation—

(i)Article 3(1) (prohibition on intentional release of fluorinated greenhouse gas);

(ii)Article 11(1) (read in association with Article 11(2) and (3)) (prohibition on placing specified products and equipment on the market);

(iii)Article 14(1) (prohibition on placing equipment not accounted for within quota system on the market);

(b)breach Article 14(2) of the 2014 Regulation (requirements to document placing on the market and to draw up declaration of conformity);

(c)breach the second paragraph of Article 15(1) (read in association with Article 15(2) and (3)) of the 2014 Regulation (requirement to ensure quantities placed on market do not exceed quota);

(d)fail to comply with a requirement under regulation 28(2), (3) or (4); or

(e)fail to comply with an enforcement notice.

(2) It is an offence to—

(a)intentionally obstruct any person acting in the execution or enforcement of these Regulations;

(b)fail, without reasonable cause, to give to any such person any assistance or information which that person may reasonably require for those purposes;

(c)furnish to any such person any information knowing it to be false or misleading; or

(d)fail to produce a document or record to any such person when required to do so.

Extent Information

E4This version of this provision applies to Wales and Northern Ireland only; a separate version has been created for England and Scotland only

OffencesE+S

[F10029.  It is an offence for a person to breach, or to cause or permit another person to breach, the prohibition in Article 3(1) of the 2014 Regulation (prohibition on intentional release of fluorinated greenhouse gas).]

Extent Information

E8This version of this provision applies to England and Scotland only; a separate version has been created for Wales and Northern Ireland only

Textual Amendments

[F75Offences relating to disclosure of information held by Revenue and CustomsE+W+S

29A.—(1) It is an offence for a person to contravene regulation 7A(3) if the disclosed information relates to a person whose identity—

(a)is specified in the disclosure, or

(b)can be deduced from it.

(2) It is a defence for a person charged with an offence under this regulation to prove that the person reasonably believed—

(a)that the disclosure was lawful, or

(b)that the information had already been lawfully made available to the public.

(3) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and Customs Act 2005 apply to an offence under this regulation as they apply to an offence under that section.]

Textual Amendments

Offences committed by bodies corporate, partnerships and unincorporated associationsU.K.

30.—(1) In respect of any offence under these Regulations committed by a body corporate, an officer as well as the body corporate, is guilty of the offence and liable if the offence is proved—

(a)to have been committed with the consent or connivance of an officer; or

(b)to be attributable to any neglect on the part of the officer.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of a body corporate.

(3) In respect of any offence committed by a partnership or a Scottish partnership, a partner as well as the partnership or Scottish partnership is guilty of the offence and liable if the offence is shown—

(a)to have been committed with the consent or connivance of a partner; or

(b)to be attributable to any neglect on the part of that partner.

(4) For the purpose of proceedings for an offence alleged to have been committed by a partnership, section 70 of the Criminal Procedure (Scotland) Act 1995 M27 applies as it applies in relation to a body corporate.

(5) Subject to paragraph (8), proceedings for an offence alleged to have been committed by an unincorporated association must be brought in the name of the association and not in the name of any of its members.

(6) For the purpose of proceedings under paragraph (5)—

(a)rules of court relating to the service of documents have effect as if the association were a body corporate; and

(b)the following provisions apply as they apply in relation to a body corporate—

(i)section 33 of the Criminal Justice Act 1925 M28 and Schedule 3 to the Magistrates' Courts Act 1980 M29;

(ii)section 70 of the Criminal Procedure (Scotland) Act 1995; and

(iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 M30 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 M31.

(7) A fine imposed on an unincorporated association on its conviction for an offence must be paid out of the funds of the association.

(8) An officer of an unincorporated association, other than a partnership or a member of its governing body that is, as well as the association, guilty of the offence is liable to be proceeded against and punished accordingly if an offence committed by the association is shown—

(a)to have been committed with the consent or connivance of such an officer or member; or

(b)to be attributable to any neglect on the part of such an officer or member.

(9) In this regulation—

(a)“officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;

(b)“partner” includes a person purporting to act as a partner.

Marginal Citations

M281925 c. 86. Section 33 is amended by Schedule 6 to the Magistrates' Courts Act 1952 (c. 55), Part 2 of Schedule 8 to the Courts Act 1971 (c. 23) and paragraph 71 of Schedule 8 and Schedule 10, to the Courts Act 2003 (c. 39).

M291980 c. 43. Schedule 3 is amended by section 25(2) of, and Schedule 13 to, the Criminal Justice Act 1991 (c. 53), and paragraph 51(13) of Part 2 of Schedule 3, and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44).

PenaltiesU.K.

31.  [F76Except as provided in regulation 29A(3), a person] who commits an offence under these Regulations is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

Textual Amendments

[F77PART 5AE+SCivil penalties

Textual Amendments

Civil penaltiesE+S

31A.—(1) A relevant enforcing authority may impose a requirement to pay a civil penalty in accordance with Schedule 4.

(2) The requirement to pay a civil penalty may be imposed on any person who—

(a)fails to comply with—

(i)a provision of the 2014 Regulation specified in Schedule 2;

(ii)a provision of the Commission Regulations specified in Schedule 3, read in association with Part 3 of these Regulations;

(b)causes or permits another person to do any of the following—

(i)breach any of the prohibitions mentioned in the following provisions of the 2014 Regulation—

(aa)Article 3(1) (prohibition on intentional release of fluorinated greenhouse gas);

(bb)Article 11(1) (read in association with Article 11(2) and (3)) (prohibition on placing specified products and equipment on the market);

(cc)Article 14(1) (prohibition on placing equipment not accounted for within quota system on the market);

(ii)breach Article 14(2) of the 2014 Regulation (requirements to document placing on the market and to draw up declaration of conformity);

(iii)breach the second paragraph of Article 15(1) (read in association with Article 15(2) and (3)) of the 2014 Regulation (requirement to ensure quantities placed on market do not exceed quota);

(c)submits a report under Article 19 of the 2014 Regulation which is not in accordance with Commission Regulation 1191/2014;

(d)fails, where labelling for products and equipment is required under Article 12 of the 2014 Regulation, to comply with Article 2 of Commission Regulation 2015/2068 (labelling format);

(e)fails to comply with a requirement under regulation 18;

(f)fails to comply with a requirement under regulation 19;

(g)fails to comply with an information notice served under regulation 24;

(h)fails, or causes or permits another person to fail, to—

(i)comply with a requirement under regulation 28(2), (3) or (4);

(ii)comply with an enforcement notice;

(i)intentionally obstructs any person acting in the execution or enforcement of these Regulations;

(j)fails, without reasonable cause, to give to any such person any assistance or information which that person may reasonably require for those purposes;

(k)furnishes to any such person any information knowing it to be false or misleading;

(l)fails to produce a document or record to any such person when required to do so.

(3) A civil penalty may be imposed by a relevant enforcing authority on a person qualified in relation to fire protection systems who fails to comply with any of the following requirements of Commission Regulation 1497/2007—

(a)Article 3 (checking system records);

(b)Article 4(1) (visual checks by certified personnel);

(c)Article 4(2) (checks in cases of presumed leakage);

(d)Article 6 (follow-up check).

(4) A civil penalty may be imposed by a relevant enforcing authority on an operator of a fire protection system who fails to ensure that the following requirements of Commission Regulation 1497/2007 are carried out by a person qualified in relation to fire protection systems—

(a)Article 4(4) (checking of pressure gauges and weight-monitoring devices);

(b)Article 5 (repair of leakage);

(c)Article 7 (requirements for newly commissioned systems).

(5) Subject to paragraph (7), a civil penalty may be imposed by a relevant enforcing authority on a person qualified in relation to stationary equipment who fails to comply with any of the following requirements of Commission Regulation 1516/2007—

(a)Article 3 (checking equipment records);

(b)Article 4 (systematic checks);

(c)Article 5 (choice of measuring method);

(d)Article 6 (direct measuring methods);

(e)Article 7(1) (indirect measuring methods);

(f)Article 7(2) (examination using a direct method);

(g)Article 9 (follow-up check).

(6) Subject to paragraph (7), a civil penalty may be imposed by a relevant enforcing authority on an operator of stationary equipment who—

(a)fails to comply with any of the following requirements of Commission Regulation 1516/2007—

(i)Article 2(1) (equipment records);

(ii)Article 2(3) (determination of gas charge by certified personnel);

(b)fails to ensure that the following requirements of Commission Regulation 1516/2007 are complied with—

(i)Article 2(2) (indication of gas charge);

(ii)Article 2(4) (indication of leakage cause);

(c)fails to ensure that the following requirements of Commission Regulation 1516/2007 are carried out by a person qualified in relation to stationary equipment—

(i)Article 8 (repair of leakage);

(ii)Article 10 (requirements for newly commissioned equipment).

(7) Paragraphs (5) and (6) do not apply in respect of equipment with a hermetically sealed system which—

(a)is labelled as having such a system, and

(b)contains less than 6 kilograms of fluorinated greenhouse gases.

(8) Schedule 4 (which provides for civil penalties) has effect.]

PART 6U.K.Review, amendments and revocation

ReviewU.K.

32.—(1) This regulation does not apply in respect of the application of these Regulations in Scotland.

(2) The Secretary of State must from time to time—

(a)carry out a review of these Regulations;

(b)set out the conclusions in a report; and

(c)publish the report.

(3) The report must in particular—

(a)set out the objectives intended to be achieved by these Regulations;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the date on which these Regulations come into force.

(5) Reports under this regulation are, after the first report, to be published at intervals not exceeding five years.

AmendmentsU.K.

33.—(1) In the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 M32, omit article 11.

(2) In the Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 M33, omit article 29.

(3) In the English and Welsh texts of the Natural Resources Body for Wales (Functions) Order 2013 M34, in Schedule 4, omit paragraphs 315 to 317.

Marginal Citations

M32S.I. 2010/1513, to which there are amendments not relevant to this instrument.

M34S.I. 2013/755 (W. 90), to which there are amendments not relevant to this instrument.

RevocationU.K.

34.  The Fluorinated Greenhouse Gases Regulations 2009 M35 are revoked.

Marginal Citations

M35S.I. 2009/261, amended by S.I. 2010/1513, 2011/1043, 2012/2897 and 2013/755.

Dan Rogerson

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Regulation 12

F78SCHEDULE 1U.K.Certification and evaluation bodies (high voltage switchgear)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 25(1)(a)(i)

SCHEDULE 2U.K.2014 Regulation provisions

Provision of 2014 RegulationSummary of subject matter
Article 3(1)Prohibition on the intentional release of fluorinated greenhouse gases into the atmosphere where not technically necessary for intended use.
Article 3(2)Requirement on operators of equipment to take precautions to prevent leakage of fluorinated greenhouse gases.
Requirement on operators of equipment to take measures to minimise leakage of fluorinated greenhouse gases.
Article 3(3)Requirement on operators of equipment to ensure that equipment is repaired without undue delay where a leakage of fluorinated greenhouse gases is detected.
Requirement on operators of equipment to ensure equipment is checked where the equipment is subject to leak checks under Article 4(1) (leak checks) and has been repaired.
Article 3(4)Requirement on natural persons carrying out tasks referred to in Article 10(1)(a) to (c) (training and certification) to be certified and to take precautionary measures to prevent leakage of fluorinated greenhouse gases.
Requirement on undertakings carrying out the installation, servicing, maintenance, repair or decommissioning of equipment referred to in Article 4(2)(a) to (d) to be certified and to take precautionary measures to prevent leakage of fluorinated greenhouse gases.
Article 4(1) (read in association with Article 4(2) to (4))Requirement on operators of equipment to ensure that specified types of equipment are checked for leaks.
Article 5(1)Requirement on operators of equipment listed in Article 4(2)(a) to (d) containing fluorinated greenhouse gases in quantities of 500 tonnes of CO2 equivalent or more to ensure that the equipment is provided with a leakage detection system.
Article 5(2)Requirement on operators of equipment listed in Article 4(2)(f) and (g) containing fluorinated greenhouse gases in quantities of 500 tonnes of CO2 equivalent or more and installed from 1st January 2017 to ensure that the equipment is provided with a leakage detection system.
Article 5(3)Requirement on operators of equipment listed in Article 4(2)(a) to (d) and (g) to ensure that leakage detection systems are checked at least once every 12 months.
Article 5(4)Requirement on operators of equipment listed in Article 4(2)(f) (electrical switchgear) to ensure that leakage detection systems are checked at least once every six years.
Article 6(1)Requirement on operators of equipment required to be checked for leaks under Article 4(1) to establish and maintain records for each piece of equipment specifying prescribed information.
Article 6(2)Requirement on operators required to keep records under Article 6(1) to keep them for at least five years except where those records are stored in a database set up by [F79the competent authorities] [F79the appropriate regulator].
Requirement on undertakings carrying out the activities referred to in Article 6(1)(e) (record keeping) for operators to keep copies of the records for at least five years except where those records are stored in a database set up by [F79the competent authorities] [F79the appropriate regulator].
Requirement on operators of equipment and undertakings to make the records available on request to [F79a competent authority or to the European Commission] [F79the appropriate regulator].
Article 6(3) (read in association with Article 11(4))Requirement on undertakings supplying fluorinated greenhouse gases to establish records of relevant information on the purchasers including prescribed details.
Requirement on undertakings to maintain the records for at least five years.
Requirement on undertakings to make the records available on request to [F80a competent authority or to the European Commission] [F80the appropriate regulator].
Article 7(1)Requirement on producers of fluorinated compounds to take all necessary precautions to limit emissions of fluorinated greenhouse gases during production, transport and storage.
Article 7(2)Prohibition, from 11th June 2015, on the placing on the market of fluorinated greenhouse gases and gases listed in Annex II, except, where relevant, the producer or importer provides evidence at the time of placing that trifluoromethane produced as a by-product during the manufacturing process, has been destroyed or recovered for subsequent use.
Article 8(1)Requirement on operators of specified stationary equipment or refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases not contained in foams to ensure that the recovery of the gases is carried out by natural persons certified under Article 10.
Article 8(2)Requirement on undertakings that use a fluorinated greenhouse gases container immediately prior to disposal to arrange for the recovery of any residual gases to make sure they are recycled, reclaimed or destroyed.
Article 8(3)Requirement on operators of products and equipment not listed in Article 8(1) that contain fluorinated greenhouse gases to arrange for the recovery of the gases by appropriately qualified natural persons or to arrange for their destruction.
[F81Article 10(11) Requirement on undertakings assigning tasks referred to in Article 10(1) to another undertaking to take reasonable steps to ascertain that the latter holds the necessary certificates for the required tasks.]
Article 11(1) (read in association with Article 11(2) and (3))Prohibition on the placing on the market of products and equipment listed in Annex III, with the exception of military equipment, from the date specified in the Annex.
Article 11(4)Prohibition on the sale and purchase of fluorinated greenhouse gases for the purposes of carrying out the installation, servicing, maintenance or repair of equipment that contains fluorinated greenhouse gases or whose functioning relies upon those gases, except by undertakings who hold relevant certifications or attestations in accordance with Article 10.
Article 11(5)Prohibition on the sale of non-hermetically sealed equipment charged with fluorinated greenhouse gases to the end user without the provision of evidence that the installation is to be carried out by an undertaking certified in accordance with Article 10.
Article 12(1) (read in association with Article 12(3), (4) and (6) to (13))Prohibition on the placing on the market of specified products and equipment that contain or whose functioning relies upon fluorinated greenhouse gases unless they are labelled.
Article 12(5)Prohibition on the placing on the market of foams and pre-blended polyols that contain fluorinated greenhouse gases unless the fluorinated greenhouse gases are identified with an accepted industry designation or, if not available, its chemical name.
Article 13(1)Prohibition on the use of sulphur hexafluoride in magnesium die-casting and in the recycling of magnesium die-casting alloys (from 1st January 2018 in relation to installations using a quantity of sulphur hexafluoride below 850kg per year).
Article 13(2)Prohibition on the use of sulphur hexafluoride to fill vehicle tyres.
Article 13(3)Prohibition, from 1st January 2020 (1st January 2030 in relation to specified categories of fluorinated greenhouse gases), on the use of fluorinated greenhouse gases with a global warming potential of 2,500 or more, to service or maintain refrigeration equipment with a charge size of 40 tonnes of CO2 equivalent or more, except for military equipment or equipment intended for applications designed to cool products to temperatures below -50oC.
Article 14(1)Prohibition, from 1st January 2017, on the placing on the market of refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons unless the hydrofluorocarbons charged into the equipment are accounted for within the quota system referred to in Chapter IV.
Article 14(2) (read in association with Article 14(3))Requirement on manufacturers and importers of equipment placing pre-charged equipment on the market to ensure that compliance with Article 14(1) (pre-charging of equipment with hydrofluorocarbons) is fully documented and to draw up a declaration of conformity.
Requirement, from 1st January 2018, on importers of equipment containing hydrofluorocarbons not placed on the market prior to the charging of the equipment to ensure that by 31 March every year the accuracy of the documentation and declaration of conformity is verified, for the preceding calendar year, by an independent auditor.
Requirement on manufacturers and importers of equipment referred to in Article 14(1) to keep the documentation and declaration of conformity for a period of at least five years after the placing on the market of that equipment.
Article 15(1) (read in association with Article 15(2) and (3))Requirement on producers and importers to ensure that the quantity of hydrofluorocarbons calculated in accordance with Annex V that each of them places on the market does not exceed their quota allocated pursuant to Article 16 (allocation of quotas for placing hydrofluorocarbons on the market) or transferred pursuant to Article 18 (transfer of quotas and authorisation to use quotas for the placing on the market of hydrofluorocarbons in imported equipment).
Article 17(1)Requirement on prescribed persons to be registered in the electronic registry for quotas for placing hydrofluorocarbons on the market.
Article 19(1)Requirement on each producer, importer and exporter that produced, imported or exported one tonne or 100 tonnes of CO2 equivalent or more of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year, as well as undertakings receiving quotas pursuant to Article 18(1), to report to the [F82European Commission] [F82appropriate regulator] the data specified in Annex VII on each of those substances for that calendar year by 31st March 2015 and every year thereafter.
Article 19(2)Requirement on each undertaking that destroyed one metric tonne or 1,000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year to report to the [F83European Commission] [F83appropriate regulator] the data specified in Annex VII on each of those substances for that calendar year by 31st March 2015 and every year thereafter.
Article 19(3)Requirement on each undertaking that used 1,000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases as feedstock during the preceding calendar year to report to the [F84European Commission] [F84appropriate regulator] the data specified in Annex VII on each of those substances for that calendar year by 31st March 2015 and every year thereafter.
Article 19(4)Requirement on each undertaking that placed 500 tonnes of CO2 equivalent or more of fluorinated greenhouse gases and gases listed in Annex II contained in products or equipment on the market during the preceding calendar year to report to the [F85European Commission] [F85appropriate regulator] the data specified in Annex VII on each of those substances for that calendar year by 31st March 2015 and every year thereafter.
Article 19(5)Requirement on each importer that places on the market pre-charged equipment where hydrofluorocarbons contained in that equipment have not been placed on the market prior to the charging of the equipment to submit to the [F86European Commission] [F86appropriate regulator] a verification document issued pursuant to Article 14(2).
Article 19(6)Requirement on each undertaking which, under Article 19(1), reports on the placing on the market 10,000 tonnes of CO2 equivalent or more of hydrofluorocarbons during the preceding calendar year to ensure that the accuracy of the data is verified by an independent auditor by 30th June 2015 and every year thereafter.
Requirement on undertakings to keep the verification report for at least five years.
Requirement on undertakings to make the verification report available, on request, to [F87a competent authority and to the European Commission] [F87the appropriate regulator].

Textual Amendments

Regulation 25(1)(a)(ii)

SCHEDULE 3U.K.Commission Regulation provisions

[F88Table 1

Certification for stationary refrigeration, air conditioning and heat pump equipment

Provision of Commission Regulation 2015/2067Summary of subject matter
Article 3(1) (read in association with Articles 2 and 3(3) and (4))Requirement on natural persons carrying out activities referred to in Article 2(1) (scope) to hold a certificate as referred to in Article 4 (certificates for natural persons) for the corresponding category as set out in Article 3(2) (certification of natural persons).
Article 5Requirement on companies referred to in Article 2(2) to hold a certificate as referred to in Article 6 (company certificates).]

Textual Amendments

Table 2

Certification for stationary fire protection systems and fire extinguishers

Provision of Commission Regulation 304/2008Summary of subject matter
Article 4(1) (read in association with Articles 2 and 4(2))Requirement on personnel carrying out activities referred to in Article 2(1) (scope) to hold a certificate as referred to in Article 5 (personnel certificates).
Article 7(1)Requirement on companies carrying out activities referred to in Article 2(2) to hold a certificate as referred to in Article 8 (company certificates).

[F89Table 3

Certification for electrical switchgear

Provision of Commission Regulation 2015/2066Summary of subject matter
Article 2(1) (read in association with Articles 2(2) and (3) and 9)Requirement on natural persons carrying out the activities referred to in Article 1 (subject matter and scope) to hold a certificate as referred to in Article 3 (issuance of certificates to natural persons).]

Textual Amendments

Table 4

Certification for recovery of fluorinated greenhouse gas-based solvents from equipment

Provision of Commission Regulation 306/2008Summary of subject matter
Article 2(1) (read in association with Article 2(2))Requirement on personnel carrying out the activity referred to in Article 1 (subject matter and scope) to hold a certificate as referred to in Article 3 (issuance of certificates to personnel).

Table 5

Attestation for air conditioning systems in motor vehicles

Provision of Commission Regulation 307/2008Summary of subject matter
Article 2(1) (read in association with Article 2(2))Requirement on personnel carrying out the activity referred to in Article 1 (subject matter) hold a training attestation as referred to in Article 3 (issuance of training attestations to personnel).

[F90Table 6

Declaration of conformity and verification document for equipment charged with hydrofluorocarbons

Provision of Commission Regulation 2016/879Summary of subject matter
Article 1(2)Requirement for importers of equipment charged with hydrofluorocarbons to ensure that a copy of the declaration of conformity is available to the customs authorities when the customs declaration is submitted.
Article 4Requirement for importers of equipment to submit the verification document using the reporting tool made available by the [F91Commission] [F91appropriate regulator] under Article 1 of Commission Regulation 1191/2014 by 31st March every year for the preceding calendar year.]

Textual Amendments

Regulation 31A(8)

[F92SCHEDULE 4U.K.Civil penalties

Textual Amendments

Imposition of a civil penaltyU.K.

1.—(1) A relevant enforcing authority may by notice impose on any person, in relation to a failure to comply with any provision referred to in regulation 31A, a requirement to pay a civil penalty to the relevant enforcing authority of such an amount as the notice may specify or determine, subject to sub-paragraph (4).

(2) The standard of proof to be applied by a relevant enforcing authority imposing a civil penalty under these Regulations is on a balance of probabilities.

(3) A civil penalty may not be imposed—

(a)on more than one occasion in relation to the same act or omission;

(b)in relation to an act or omission that resulted in a criminal conviction.

(4) The maximum civil penalty is £200,000, except as provided in the following table—

Column 1Column 2
Maximum civil penaltyProvision subject to civil penalty
£100,000 in relation to the entries in column 2Regulation 18
Article 3(2), (3) (except in relation to the failure of operators of equipment to ensure that equipment is repaired without undue delay where a leakage of fluorinated greenhouse gases is detected) and (4) of the 2014 Regulation
Article 4(1) of the 2014 Regulation
Article 5(1), (2), (3) and (4) of the 2014 Regulation
Article 7(1) of the 2014 Regulation
Article 8(1), (2) and (3) of the 2014 Regulation
Article 13(1), (2) and (3) of the 2014 Regulation
Article 17(1) of the 2014 Regulation
Article 19(5) and (6) of the 2014 Regulation
Article 3 of Commission Regulation 1497/2007
Article 4(1), (2) and (4) of Commission Regulation 1497/2007
Article 5 of Commission Regulation 1497/2007
Article 6 of Commission Regulation 1497/2007
Article 7 of Commission Regulation 1497/2007
Article 2(1), (2), (3) and (4) of Commission Regulation 1516/2007
Article 3 of Commission Regulation 1516/2007
Article 4 of Commission Regulation 1516/2007
Article 5 of Commission Regulation 1516/2007
Article 6 of Commission Regulation 1516/2007
Article 7(1) and (2) of Commission Regulation 1516/2007
Article 8 of Commission Regulation 1516/2007
Article 9 of Commission Regulation 1516/2007
Article 10 of Commission Regulation 1516/2007
Article 4(1) of Commission Regulation 304/2008
Article 7(1) of Commission Regulation 304/2008
Article 2(1) of Commission Regulation 307/2008
Article 2(1) of Commission Regulation 2015/2066
Article 3(1) of Commission Regulation 2015/2067
Article 5 of Commission Regulation 2015/2067
£50,000 in relation to the entries in column 2Regulation 19
Article 6(1), (2) and (3) of the 2014 Regulation
Article 12(1) of the 2014 Regulation
Article 12(5) of the 2014 Regulation
Article 14(2) of the 2014 Regulation
Article 2 of Commission Regulation 2015/2068
£10,000 in relation to the entries in column 2Regulation 31A(2)(c)
Article 19(1), (2), (3) and (4) of the 2014 Regulation
Article 1(2) of Commission Regulation 2016/879
Article 4 of Commission Regulation 2016/879

(5) The Secretary of State or the Environment Agency may recover any civil penalty imposed by them under this Schedule as if payable under order of the court.

(6) The Scottish Ministers or SEPA may recover any civil penalty imposed by them under this Schedule as if it were payable under an extract registered decree arbitral bearing a warrant for execution by a sheriff of any sheriffdom.

(7) A relevant enforcing authority must, as soon as is reasonably practicable, pay the amount of any civil penalty that has been paid to it—

(a)to the Secretary of State, in the case of the Environment Agency;

(b)to the Scottish Ministers, in the case of SEPA.

Notice of intentU.K.

2.—(1) If a relevant enforcing authority proposes to impose a civil penalty on a person under this Schedule, the relevant enforcing authority must serve on that person a notice of what is proposed (“a notice of intent”).

(2) The notice of intent must include—

(a)the grounds for the proposed penalty,

(b)the maximum amount of the penalty, and

(c)information as to the right to make written representations and objections within 28 days beginning with the day on which the notice of intent was received.

Making representations and objectionsU.K.

3.  A person on whom a notice of intent is served by a relevant enforcing authority may, within 28 days beginning with the day on which the notice was received, make written representations and objections to the relevant enforcing authority in relation to the proposed imposition of a civil penalty.

Civil penalty noticeU.K.

4.—(1) After the end of the period for making representations and objections under paragraph 3, the relevant enforcing authority which served the notice of intent must decide whether to impose the civil penalty set out in the notice of intent, with or without modifications.

(2) Where the relevant enforcing authority decides to impose a civil penalty, the notice imposing it must include information as to—

(a)the grounds for imposing the penalty,

(b)the amount to be paid,

(c)how payment may be made,

(d)the period within which payment must be made, which must be not less than 28 days,

(e)rights of appeal, and

(f)the consequences of failing to comply with the notice.

Withdrawing or amending a noticeU.K.

5.  The relevant enforcing authority may in writing, at any time before payment is made to it in accordance with a civil penalty notice, withdraw the notice or amend the amount specified in the notice.

Enforcement cost recovery noticeU.K.

6.—(1) A relevant enforcing authority may by notice require a person on whom it has served a civil penalty notice to pay the costs incurred by the relevant enforcing authority in relation to the service of that civil penalty notice up to the time of its service.

(2) Examples of costs include—

(a)costs of detaining goods;

(b)investigation costs;

(c)administration costs;

(d)costs of obtaining expert advice (including legal advice).

(3) The enforcement cost recovery notice must specify—

(a)the grounds for serving the notice,

(b)the amount to be paid,

(c)how payment may be made,

(d)the period within which payment must be made, which must not be less than 28 days, and

(e)the right of appeal.

Publication of enforcement actionU.K.

7.—(1) Each relevant enforcing authority must from time to time publish the following information about cases in which civil penalties have been imposed—

(a)the name of the person on whom the penalty was imposed;

(b)the nature of the breach to which the penalty relates;

(c)the amount of the penalty.

(2) Information must not be published until after the expiry of the period for making an appeal or, where an appeal has been made, until after the appeal has been determined.

(3) The requirement to publish information does not include cases where a civil penalty notice has been served but is subsequently withdrawn or quashed.

Regulation 26(2A)

SCHEDULE 5E+SAppeals

Appeals against notices served by the Environment Agency or the Secretary of StateE+S

1.—(1) A person on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by the Environment Agency or the Secretary of State may appeal against it to the First-tier Tribunal.

(2) An appeal must be made within 28 days beginning with the day on which the notice subject to the appeal is served.

(3) A person bringing an appeal under sub-paragraph (1) may withdraw the appeal at any time before the appeal is determined.

(4) Where an appeal is made under sub-paragraph (1), the notice is suspended until the appeal is withdrawn or determined by the First-tier Tribunal in accordance with sub-paragraph (5).

(5) The First-tier Tribunal may—

(a)affirm the notice;

(b)direct the Environment Agency or Secretary of State to vary or withdraw the notice;

(c)impose such other enforcement notice, civil penalty notice or enforcement cost recovery notice as the First-tier Tribunal thinks fit.

Appeals against notices served by the Scottish MinistersE+S

2.—(1) A person on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by the Scottish Ministers may appeal against it to the sheriff.

(2) The appeal must be made within 28 days beginning with the day on which the notice is served.

(3) A person bringing an appeal under sub-paragraph (1) may withdraw the appeal at any time before the appeal is determined.

(4) Where an appeal is made under sub-paragraph (1), the notice is suspended until the appeal is withdrawn or determined by the sheriff in accordance with sub-paragraph (5).

(5) The sheriff may, without prejudice to any other powers the sheriff may exercise—

(a)affirm the notice;

(b)direct the Scottish Ministers to vary or withdraw the notice;

(c)impose such other enforcement notice, civil penalty notice or, as the case may be, enforcement cost recovery notice as the sheriff thinks fit.

Appeals against notices served by SEPAE+S

3.—(1) A person, other than the Scottish Ministers, on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by SEPA may appeal against it to the Scottish Ministers.

(2) Subject to sub-paragraph (3), an appeal under sub-paragraph (1) must be made by notice in writing (“appeal notice”) within a period of 28 days beginning with the day on which the notice which is the subject of the appeal is served.

(3) The Scottish Ministers may at any time allow an appeal to be made after the expiry of the period mentioned in sub-paragraph (2).

(4) The appeal notice must be accompanied by—

(a)a statement of the grounds of appeal,

(b)a copy of any correspondence or document relevant to the appeal, and

(c)a statement indicating whether the person making an appeal under sub-paragraph (1) (“the appellant”) wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations.

(5) The appellant must also serve on SEPA a copy of the appeal notice together with copies of any documents referred to in sub-paragraph (4) which accompanied it.

(6) The appellant may, by further notice in writing to SEPA, withdraw the appeal made under sub-paragraph (1) at any time before the appeal is determined.

(7) Where an appeal under sub-paragraph (1) is made under this paragraph, the notice is suspended until the appeal is either withdrawn under sub-paragraph (6) or determined in accordance with sub-paragraph (11).

(8) The Scottish Ministers may—

(a)appoint any person to exercise on their behalf, with or without payment, the function of determining the appeal in accordance with sub-paragraph (11), or

(b)refer for determination any matter involved in the appeal to such person as the Scottish Ministers may appoint for the purpose, with or without payment.

(9) If the appellant requests that an appeal under sub-paragraph (1) is in the form of a hearing, or the Scottish Ministers so decide—

(a)the appeal must be in the form of a hearing;

(b)the appeal must continue in the form of a hearing, despite previously being considered on the basis of written representations.

(10) Except in a case where an appeal is withdrawn under sub-paragraph (6), the Scottish Ministers or, with the agreement of the Scottish Ministers, any person appointed to determine an appeal (“the appointed person”), must notify the appellant and SEPA in writing of the decision and the reasons for the decision.

(11) The Scottish Ministers may—

(a)affirm the notice which is subject to the appeal under sub-paragraph (1);

(b)vary or withdraw the notice;

(c)impose such other enforcement notice, civil penalty notice or, as the case may be, enforcement cost recovery notice as the Scottish Ministers think fit, or as the case may be, the appointed person thinks fit.

(12) Where the determination is that the notice subject to the appeal under sub-paragraph (1) is to be varied or withdrawn, SEPA must give effect to the determination.

(13) Where an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by SEPA on the Scottish Ministers (“the relevant notice”), the Scottish Ministers may appeal against it to the sheriff.

(14) An appeal under sub-paragraph (13) must be made within 28 days beginning with the day on which the relevant notice is served.

(15) The Scottish Ministers bringing an appeal under sub-paragraph (13) may withdraw the appeal at any time before the appeal is determined.

(16) Where an appeal is made under sub-paragraph (13), the relevant notice is suspended until the appeal is withdrawn or determined by the sheriff in accordance with sub-paragraph (17).

(17) The sheriff may, without prejudice to any other powers the sheriff may exercise—

(a)affirm the relevant notice;

(b)direct SEPA to vary or withdraw the relevant notice;

(c)impose such other enforcement notice, civil penalty notice or, as the case may be, enforcement cost recovery notice as the sheriff thinks fit.

Grounds for appealE+S

4.—(1) The grounds for an appeal against an enforcement notice under paragraph 1(1), 2(1), 3(1) or 3(13) of this Schedule are that the relevant enforcing authority’s decision to serve the enforcement notice was—

(a)based on an error of fact;

(b)wrong in law;

(c)wrong for any other reason;

(d)unreasonable.

(2) The grounds for an appeal against a civil penalty notice under paragraph 1(1), 2(1), 3(1) or 3(13) of this Schedule are—

(a)that the relevant enforcing authority’s decision to serve the civil penalty notice was—

(i)based on an error of fact;

(ii)wrong in law;

(iii)wrong for any other reason;

(iv)unreasonable;

(b)that the amount specified in, or determined by, the notice is unreasonable.

(3) The grounds for an appeal against an enforcement cost recovery notice under paragraph 1(1), 2(1), 3(1) or 3(13) of this Schedule are—

(a)that the relevant enforcing authority’s decision to serve the enforcement cost recovery notice was—

(i)based on an error of fact;

(ii)wrong in law;

(iii)wrong for any other reason;

(iv)unreasonable;

(b)that the amount specified in the notice is unreasonable.]

Explanatory Note

(This note is not part of the Regulations)

The Regulations revoke and remake with amendments the Fluorinated Greenhouse Gases Regulations 2009 (S.I. 2009/261).

These Regulations give effect to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases (OJ No L 150, 20.5.2014, p 195) (“the 2014 Regulation”). These Regulations also give effect to the following Commission Regulations relating to certain fluorinated greenhouse gases (“the Commission Regulations”)—

(a)

Commission Regulation (EC) No 1494/2007 (OJ No L 332, 18.12.07, p 25);

(b)

Commission Regulation (EC) No 1497/2007 (OJ No L 333, 19.12.07, p 4);

(c)

Commission Regulation (EC) No 1516/2007 (OJ No L 335, 20.12.07, p 10);

(d)

Commission Regulation (EC) No 303/2008 (OJ No L 92, 3.4.08, p 3);

(e)

Commission Regulation (EC) No 304/2008 (OJ No L 92, 3.4.08, p 12);

(f)

Commission Regulation (EC) No 305/2008 (OJ No L 92, 3.4.08, p 17);

(g)

Commission Regulation (EC) No 306/2008 (OJ No L 92, 3.4.2008, p 21);

(h)

Commission Regulation (EC) No 307/2008 (OJ No L 92, 3.4.2008, p 25);

(i)

Commission Regulation (EC) No 308/2008 (OJ No L 92, 3.4.2008, p 28); and

(j)

Commission Implementing Regulation (EU) No 1191/2014 (OJ No L 318, 5.11.2014, p 5).

The Regulations provide that references to Commission Regulation 1493/2007 and to Commission Regulation 1494/2007 are references to those Commission Regulations as amended from time to time.

The Regulations extend to Great Britain. They also extend to Northern Ireland for the purposes of import and export controls and trade with any place outside the United Kingdom. The Regulations apply to offshore installations, Scottish offshore installations and Northern Ireland offshore installations. (The terms “offshore installation”, “Scottish offshore installation” and “Northern Ireland offshore installation” are defined in regulation 4).

The Regulations designate the competent authority for the 2014 Regulation (regulation 5). They also provide for the designation of certification, evaluation and attestation bodies required by the Commission Regulations (Part 3).

Part 4 of the Regulations sets out powers given to enforcing authorities to enforce the 2014 Regulation and the Commission Regulations. This includes, in regulation 25, the power to issue enforcement notices for failing to comply with the 2014 Regulation or the Commission Regulations. Those provisions are listed in Schedules 2 and 3. Certain breaches of the 2014 Regulation, as well as a failure to comply with an enforcement notice, are among the criminal offences set out in regulation 29.

An assessment of the effects that this instrument will have on the costs of business is available from the Stratospheric Ozone and Fluorinated Greenhouse Gases Team, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is annexed to the Government's response to the consultation on www.gov.uk/government/consultations. The Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources