The Control of Mercury (Enforcement) Regulations 2017

Regulation 3

SCHEDULE 1 U.K. Laws relating to mercury

1.  The provisions of the Mercury Regulation are— U.K.

Provision	Subject matter
Article 3(1)	Prohibits the export of mercury
Article 3(2)	Prohibits the export of listed mercury compounds
Article 3(4)	Prohibits the export of mercury compounds not listed under Article 3(2) for the purposes of reclaiming mercury)
Article 4(1)	Prohibits the import of mercury and listed mixtures of mercury including mercury waste for purposes other than disposal as waste
Article 4(2)	Prohibits the import of other mixtures of mercury and mercury compounds for purposes of reclaiming mercury
Article 4(3)	Prohibits the import of mercury for use in artisanal and small-scale gold mining and processing
[F1 Article 4(5)	Applies the prohibitions in Article 4(1) to (3) to the transport of mercury etc., except mercury waste, from Northern Ireland into Great Britain, subject to modifications]
[F1 Article 4(9)	Applies the prohibitions in Article 4(1) to (4) to the transport of mercury etc. from Great Britain into Northern Ireland, subject to modifications]
Article 5(1)	Prohibits the export, import and manufacturing of listed mercury-added products
[F2 Article 5(3)	Applies the prohibition in Article 5(1) and (2) to the transport of mercury-added products from Northern Ireland into Great Britain, and from Great Britain into Northern Ireland, subject to a modification]
Article 7(1)	Prohibits the use of mercury compounds in listed manufacturing processes
Article 7(2)	Makes the use of mercury compounds in other listed manufacturing processes subject to certain requirements
Article 8(1)	Prohibits manufacturing new mercury-added products or placing them on the market
Article 8(2)	Prohibits new manufacturing processes involving the use of mercury or mercury compounds
Article 9(1)	Prohibits the use of mercury in artisanal and small-scale gold mining
Article 10(4)	Requires the operators of certain dental facilities to have amalgam separators
Article 10(6) first subparagraph (but see paragraph 2 of this Schedule which contains the definition of “authorised waste management establishment”)	Requires dental practitioners to ensure that amalgam waste is handled and collected by authorised waste management establishment
Article 10(6) second subparagraph	Requires dental practitioners not to release amalgam waste into the environment under any circumstances
Article 12(1)	Requires operators in listed industries to report on large sources of mercury
Article 13(3) first subparagraph	Requires operators to convert mercury before its permanent disposal
Article 13(3) second subparagraph	Requires operators to use one of a list of facilities to permanently dispose of mercury
Article 13(3) third subparagraph	Requires operators of permanent storage facilities to store converted mercury separately
Article 14(1) first subparagraph	Requires operators of facilities for the temporary storage of mercury to establish a register
Article 14(1) second subparagraph	Requires operators of facilities for the temporary storage of mercury to issue a certificate for mercury waste leaving temporary storage
Article 14(1) third subparagraph	Requires operators of facilities for the temporary storage of mercury to transmit the certificate about mercury waste leaving temporary storage
Article 14(2) first subparagraph	Requires operators of facilities for the conversion of mercury to establish a register
Article 14(2) second subparagraph	Requires operators of facilities for the conversion of mercury to issue a certificate for mercury waste after the conversion
Article 14(2) third subparagraph	Requires operators of facilities for the conversion of mercury to transmit the certificate about conversion
Article 14(3) first subparagraph	Requires operators of facilities for the permanent storage of converted mercury to issue a certificate relating to its permanent disposal
Article 14(3) second subparagraph	Requires operators of facilities for the permanent storage of converted mercury to transmit the certificate about the mercury's permanent disposal

Textual Amendments

F1 Words in Sch. 1 para. 1 inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 9(a)

F2 Words in Sch. 1 para. 1 inserted (31.12.2020) by The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(2), 9(b)

2.  The reference to an authorised waste management establishment in the first subparagraph of Article 10(6) of the Mercury Regulation is— U.K.

(a) in England and Wales, a reference to a person (or authority) listed in section 34(3) of the Environmental Protection Act 1990 (as it applies to England and Wales);

(b) in Scotland, a reference to a person (or authority) listed in section 34(3) of the Environmental Protection Act 1990 (as it applies to Scotland).

Regulation 4

SCHEDULE 2 U.K. Definitions relating to offshore installations

“Offshore installation” U.K.

1.—(1) “ Offshore installation” means an installation or structure, other than a ship, situated in waters or on or under the seabed and used for carrying on any of the following activities—

(a) the exploitation, or the exploration with a view to exploitation, of mineral resources in or under the shore or bed of waters in the offshore area;

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

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

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

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

(f) 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;

(g) the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity in this paragraph.

(2) In paragraph (1)—

(a) “gas” means—

(i) gas as defined in section 2(4) of the Energy Act 2008 M1 , or

(ii) carbon dioxide;

(b) “installation” includes an installation as defined in section 16 of the Energy Act 2008;

(c) “ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which—

(i) permanently rests on or is permanently attached to the seabed, or

(ii) is an installation as defined in section 16 of the Energy Act 2008;

(d) references to storing gas include storing gas with a view to its permanent disposal.

Marginal Citations

M1 2008 c.32.

“Offshore area” U.K.

2.  “ Offshore area” means—

(a) the seabed and the subsoil within any area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf) M2 , and

(b) waters superjacent to the seabed and the seabed and its subsoil within any area designated under subsection (4) of section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production) M3 .

Marginal Citations

M2 1964 c.29. Relevant amending enactments are 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), paragraph 1 of Schedule 3. Areas have been designated under section 1(7) by S.I. [1974/1489, 1976/1153, 1977/1871, 1978/178, 1978/1029, 1979/1447, 1982/1072, 1987/1265, 1993/1782, 1993/599, 1997/268, 1999/2031, 2000/3062, 2001/3670 and 2013/3162].

M3 2004 c.20.

“English offshore area” U.K.

3.  “ English offshore area” means that part of the offshore area which is not the Scottish offshore area.

“Scottish offshore area” U.K.

4.—(1) “ Scottish offshore area” means such of the offshore area adjacent to Scotland which lies to the north of the Scottish border.

(2) The Scottish border is—

(a) in the North Sea, a line beginning with the co-ordinate 55º 50' 00” N; 1º 27' 31” W and then following, in an easterly direction, the parallel of latitude 55º 50' 00” N until its intersection with the line dividing the United Kingdom and Germany;

(b) in the Irish Sea, a line between the following co-ordinates—

(i) 54° 30' 22” N; 4° 04' 50” W;

(ii) 54° 30' 00” N; 4° 05' 29” W;

(iii) 54° 30' 00” N; 5° 00' 00” W.

(3) In this paragraph—

“co-ordinate” means a co-ordinate of latitude and longitude on the World Geodetic System 1984;

“line dividing the United Kingdom and Germany” means the dividing line as defined in Article 1 of the Agreement between the United Kingdom and the Federal Republic of Germany relating to the Delimitation of the Continental Shelf under the North Sea between the two countries, signed in London on 25th November 1971 M4 ;

“line” means a loxodromic line.

Marginal Citations

M4 Treaty Series No. 7 (1973) Cmnd. 5192.

Regulation 30(6)

SCHEDULE 3 U.K. Provisions relating to appeals in Scotland

PART 1 U.K. Appeals procedure

1.  A person (the “appellant”) who wishes to appeal under regulation 26(8) or 28(11) must— U.K.

(a) give the Scottish Ministers written notice of the appeal together with the relevant documents (together these are referred to as the “notice of appeal”), and

(a) at the same time, give SEPA a copy of the notice of appeal.

2.  The relevant documents are— U.K.

(a) a written statement of the grounds of appeal;

(b) a copy of any relevant correspondence between the appellant and SEPA; and

(c) a copy of any enforcement notice which is the subject of the appeal.

3.  The notice of appeal must be given in accordance with paragraph 31 before the expiry of the period of 28 days beginning with the day on which the enforcement notice was given. U.K.

4.  The appellant may withdraw a notice of appeal by— U.K.

(a) giving the Scottish Ministers written notice stating that the appeal is withdrawn, and

(b) giving a copy of the written notice to SEPA.

5.  The Scottish Ministers may, in a particular case, allow a notice of appeal to be given after the expiry of the period mentioned in paragraph 3. U.K.

6.  SEPA must, within 14 days of receipt of the notice of appeal given in accordance with paragraph 1, give notice of it to any person SEPA considers it appropriate to notify. U.K.

7.  Notice given under paragraph 6 must— U.K.

(a) describe the subject of the appeal;

(b) include a statement that representations about the appeal may be made to the Scottish Ministers in writing within a period of 21 days beginning with the date of the notice;

(c) explain that if a hearing is to be held wholly or partly in public (see Part 2), a person who makes representations about the appeal will be notified of the date of the hearing.

8.  SEPA must, within 14 days of giving notice under paragraph 6, notify the Scottish Ministers of the persons to whom and the date on which the notice was given. U.K.

9.  If an appeal is withdrawn, SEPA must give notice of the withdrawal to every person to whom notice was given under paragraph 6. U.K.

10.  SEPA may make written representations about the appeal to the Scottish Ministers. U.K.

11.  Any representations by SEPA must be given to the Scottish Ministers within the period of 28 days beginning with the day on which SEPA receives the copy of the notice of appeal. U.K.

12.  The Scottish Ministers may, in a particular case, allow SEPA's representations to be given after the expiry of the period mentioned in paragraph 10. U.K.

13.  SEPA must, at the same time as giving the representations to the Scottish Ministers, give a copy of the representations to the appellant. U.K.

14.  The appellant may make further written representations relating to SEPA's representations within the period of 28 days beginning with the day on which the appellant receives a copy of SEPA's representations. U.K.

15.  The Scottish Ministers may, in a particular case, allow the appellant's further representations to be given after the expiry of the period mentioned in paragraph 14. U.K.

16.  The appellant must, at the same time as giving the further representations to the Scottish Ministers, give a copy of the representations to SEPA. U.K.

17.  The Scottish Ministers must— U.K.

(a) give to the appellant and SEPA a copy of any representations made to them by persons to whom notice was given under paragraph 6, and

(b) allow the appellant and SEPA a period of 14 days beginning with the date on which the copy of the representations are given under paragraph (a) in which to make written representations on them.

18.  The Scottish Ministers may require exchanges of written representations between the parties in addition to those mentioned in paragraphs 10 and 14. U.K.

PART 2 U.K. Public hearings

19.  Before determining an appeal under regulation 26(8) or 28(11), the Scottish Ministers may give the appellant and SEPA an opportunity to appear before and be heard by a person appointed by the Scottish Ministers (the “appointed person”). U.K.

20.  A hearing must be held wholly or partly in private if the appointed person so decides. U.K.

21.  Where the Scottish Ministers cause a hearing to be held, they must give the appellant and SEPA at least 28 days' written notice of the date, time and place fixed for the holding of the hearing. U.K.

22.  If the Scottish Ministers, the appellant and SEPA agree, the period for notice under paragraph 21 may be less than 28 days. U.K.

23.  Where any part of a hearing is to be held in public, the Scottish Ministers must, at least 21 days before the date fixed for the holding of the hearing— U.K.

(a) publish notice of the date, time and place fixed for the holding of the hearing in a newspaper circulating in the locality in which the regulated activity which is the subject of the appeal is carried on or is to be carried on;

(b) give written notice of the date, time and place fixed for the holding of the hearing to every person who was given notice under paragraph 6 and who has made representations to the Scottish Ministers.

24.  The Scottish Ministers may vary the date fixed for the holding of any hearing. U.K.

25.  If the Scottish Ministers vary the date under 24, they must give such notice of the variation as appears to them to be reasonable. U.K.

26.  The persons entitled to be heard at a hearing are— U.K.

(a) the appellant;

(b) SEPA.

27.  Nothing in paragraph 26 prevents the appointed person from allowing any other persons to be heard at the hearing and such permission must not be unreasonably withheld. U.K.

28.  The appointed person must cause notice of the time and place of the hearing to be given to persons appearing to him or her to be interested. U.K.

29.  The appointed person may do one or any combination of the following— U.K.

(a) give a person written notice requiring that person to attend a hearing, at a time and place stated in the notice, to give evidence;

(b) give a person written notice requiring that person to produce any books or other documents in the custody or under the control of the person which relate to any matter in question at the hearing;

(c) take evidence on oath, and for that purpose administer oaths.

30.  But the appointed person must not require any person to produce any book or document or to answer any question which that person would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law. U.K.

31.  A person who is required to give evidence at a hearing or to produce any books or other documents is entitled to have the necessary expenses of attendance and production of books or other documents reimbursed. U.K.

32.  The expenses are to be treated as part of the expenses of the hearing. U.K.

33.  The Scottish Ministers or the appointed person may make an order as to the expenses incurred in relation to a hearing (including a hearing for which arrangements have been made and does not take place)— U.K.

(a) by the Scottish Ministers or the appointed person, and

(b) by the parties to the appeal.

34.  The order may specify the person or persons by whom any of the expenses must be paid. U.K.

35.  The Scottish Ministers or the appointed person may treat as expenses incurred— U.K.

(a) the standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the hearing sits or the appointed person is otherwise engaged on work connected with the hearing;

(b) expenses actually incurred in connection with the hearing on travelling or subsistence allowances or the provision of accommodation or other facilities for the hearing;

(c) any expenses attributable to the appointment of an assessor to assist the appointed person;

(d) any legal expenses or disbursements incurred or made by or on behalf of the Scottish Ministers in connection with the hearing;

(e) the entire administrative expense of the hearing, including an amount as appears to the Scottish Ministers or the appointed person to be reasonable in respect of general staff expenses and overheads.

36.  In paragraph 35(a), “ the standard amount” means an amount, if any, as the Scottish Ministers may from time to time determine and make details of publicly available. U.K.

37.  Where the Scottish Ministers or the appointed person make an order under paragraph 33 requiring a person to pay expenses, the Scottish Ministers or the appointed person must certify the amount of the expenses. U.K.

38.  The amount certified is a debt due by that person to the Scottish Ministers or the appointed person and is recoverable accordingly. U.K.

39.  After the conclusion of a hearing of an appointed person, the appointed person must give a written report to the Scottish Ministers. U.K.

40.  The report must include the conclusions and recommendations of the appointed person or the reasons for not making any recommendation. U.K.

PART 3 U.K. Determination of appeals

41.  The Scottish Ministers must— U.K.

(a) give written notice to the appellant setting out their determination of the appeal,

(b) set out in the notice the reasons for their determination, and

(c) provide the appellant with a copy of any report under paragraph 39.

42.  At the same time as giving notice under paragraph 41, the Scottish Ministers must give a copy of the documents listed in paragraph 41(a) to (c) to— U.K.

(a) SEPA,

(b) any person notified under paragraph 6, if that person subsequently made representations to the Scottish Ministers, and

(c) if a hearing was held, to any other person who made representations in relation to the appeal at the hearing.