The REACH Enforcement Regulations 2008

Enforcement

3.—(1) An enforcing authority must enforce a listed REACH provision where it is named against that provision in the REACH table.

(2) The duty in paragraph (1) is subject to the following provisions of this regulation and regulation 6.

(3) The enforcement duty commences—

(a) except for Article 67 of REACH, on 1st December 2008;

(b) for Article 67, on 1st June 2009.

(4) Except in relation to—

(a) an offshore installation; or

(b) a local (consumer safety) authority or a local (health and safety) authority,

the enforcement duty applies to an enforcing authority in the relevant part or parts of the United Kingdom shown at the head of the column in which the enforcing authority is named in the REACH table.

(5) In relation to an offshore installation, the enforcement duty applies—

(a) for an installation in relevant waters (except such waters adjacent to Northern Ireland)—

(i) to the Health and Safety Executive; and

(ii) except in Scottish controlled waters, to the Secretary of State,

where they are named under the column heading “Offshore Installations” in the REACH table;

(b) for an installation in relevant waters adjacent to Northern Ireland—

(i) to the Health and Safety Executive for Northern Ireland; and

(ii) to the Secretary of State,

where they are named under the column heading “Offshore Installations” in the REACH table;

(c) for an installation in Scottish controlled waters, to the Scottish Environment Protection Agency, where that Agency is named under the column heading “Scotland” in the REACH table.

(6) For a local (consumer safety) authority or a local (health and safety) authority, the enforcement duty applies to the area of that authority.

(7) The enforcement duty applies to an enforcing authority where enforcement of the listed REACH provision is a function of that authority.

(8) The functions of an enforcing authority for the purposes of these Regulations are set out in Schedule 2 (functions of enforcing authorities).