The Energy Information (Miscellaneous Amendments) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Energy Information (Washing Machines) Regulations 1996 (S.I. 600/1996), the Energy Information (Tumble Driers) Regulations 1996 (S.I. 601/1996), the Energy Information (Combined Washer-driers) Regulations 1997 (S.I. 1624/1997), the Energy Information (Lamps) Regulations 1999 (S.I. 1517/1999), the Energy Information (Dishwashers Regulations 1999 (S.I. 1676/1999), the Energy Information (Household Electric Ovens) Regulations 2003 (S.I. 2003/751), the Energy Information (Household Refrigerators and Freezers) Regulations 2004 (S.I. 1468/2004) and the Energy Information (Household Air Conditioners) (No.2) Regulations 2005 (S.I. 2005/1726).

The Regulations provide that the Secretary of State is the enforcement authority in respect of the enforcement of the duties of suppliers for products subject to the above regulations. In each of the amended Regulations, the Secretary of State may approve any person to act on the Secretary of State’s behalf to carry out this function. The Regulations provide that the Secretary of State must publish details of the person so appointed.

The Regulations provide for the local weights and measures authority to retain responsibility for the enforcement of the duties of dealers for products subject to the above regulations.

The Regulations provide that the enforcement regime under the above regulations will not be subject to the “6 month rule” that applies in proceedings before the Magistrates’ Court (England, Wales and Northern Ireland) and the Sheriff Court (Scotland), in the absence of any contrary legislative provision. The amendment will provide the enforcement authority a period of 12 months to bring a prosecution under the above regulations, applicable from the date that it considers it has sufficient evidence to bring proceedings.

Regulation 8(2)(b) updates the harmonised standards applicable to the Energy Information (Household Refrigerators and Freezers) Regulations 2004.

Regulation 9(2)(b) updates the harmonised standards applicable to the Energy Information (Household Air Conditioners) (No.2) Regulations 2005.

Copies of British Standards BS EN 153:2006 and BS 14511:2007 Parts 1-4, which transpose EN 153:2006 and EN14511:2007 Parts 1-4 referred to in these Regulations, may be obtained from any of the sales outlets operated by the British Standards Institution, by post from the British Standards Institution, Customer Services, 389 Chiswick High Road, London W4 4AJ, by telephone on 020 8996 9001, or by email to [e-mail].

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Sustainable Products and Consumers Division, Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London, SW1P 2AL and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).