Environment Act 2021

76 Further provision about regulations under section 74

(1) Regulations under section 74(1) may impose a duty on a manufacturer or distributor of a relevant product to notify the Secretary of State if the person has reason to consider that the product does not meet a relevant environmental standard.

(2) The regulations may confer a power on the Secretary of State—

(a) to require the provision of information by a manufacturer or distributor of a relevant product for the purpose of enabling the Secretary of State to consider whether, or how, to exercise a power to give a compulsory recall notice or a supplementary notice;

(b) to require the provision of samples of relevant products by such a manufacturer or distributor for that purpose.

(3) The regulations may make provision for, about or connected with the enforcement of requirements imposed by or under the regulations including provision—

(a) for, about or connected with the designation of a person to exercise functions in connection with the enforcement of the requirements (“the enforcement authority”);

(b) for the functions of the enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations;

(c) requiring the provision of information by a manufacturer or distributor of a relevant product for purposes connected with the enforcement of the requirements;

(d) requiring the provision of samples of relevant products by such a manufacturer or distributor for those purposes;

(e) for, about or connected with the imposition of financial penalties by the enforcement authority;

(f) for the amount of financial penalties to be determined by the enforcement authority in accordance with the regulations;

(g) for such a determination to be made by reference to factors specified in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount of a financial penalty may exceed the amount of those costs);

(h) about appeals against the imposition of a financial penalty.

(4) The regulations may confer powers on the enforcement authority—

(a) to enter the premises of a manufacturer or distributor of a relevant product;

(b) to take documents or records from those premises (or make copies of such documents or records);

(c) to take samples of relevant products found on those premises,

where the authority has reasonable grounds for suspecting that the manufacturer or distributor has failed to comply with a requirement imposed by or under the regulations.

(5) The regulations may make provision about warrants in connection with any power conferred by virtue of subsection (4).