PART 4

Enforcement

Enforcement notices
25
1
An enforcing authority may serve an enforcement notice on any person who—
a
in the opinion of the enforcing 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 Article 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 enforcing 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 enforcing 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 enforcing 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 enforcing 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
e
state that it is an offence under regulation 29(1)(e) to fail to comply with the enforcement notice.
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 enforcing 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 which 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 Article 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 Article 3(3)(b) or (4) of Commission Regulation 2015/2067; or
iii
is exempt from holding such a certificate by virtue of Article 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.
Words in reg. 25(11)(c)(iii) substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 20(7)(c)
Words in reg. 25(1)(a) substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 20(2)(a)
Words in reg. 25(1) substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 20(2)(a)
Words in reg. 25(1)(c) substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 20(2)(b)
Words in reg. 25(8) substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 20(5)
Words in reg. 25(10) inserted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 20(6)
Words in reg. 25(11)(c)(i) substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 20(7)(a)
Words in reg. 25(11)(c)(ii) substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 20(7)(b)
Words in reg. 25(2)-(5) substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 20(3)
Reg. 25(7)(e) substituted (E.S.) (1.4.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 20(4)