PART 4

Enforcement

Powers of the Secretary of State, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs
28
1
This regulation applies where, in contravention of Article 11 of the 2014 Regulation, a person has imported into Great Britain a product or equipment containing, or whose functioning relies upon, fluorinated greenhouse gases.
2
The Secretary of State may require the person to, within a reasonable period of time—
a
dispose of the product or equipment without causing pollution of the environment or harm to human health or the health of animals or plants;
b
otherwise render it harmless; or
c
remove it from—
i
the United Kingdom;
ii
an offshore installation; or
iii
a Northern Ireland offshore installation used in connection with any of the activities described in regulation 4(4)(a) to (g).
3
The Scottish Ministers may require the person to, within a reasonable period of time, remove the product or equipment from a Scottish offshore installation.
4
The Department of Agriculture, Environment and Rural Affairs may require the person to, within a reasonable period of time, remove the product or equipment from a Northern Ireland offshore installation used in connection with any of the activities described in regulation 4(4)(h) and (i).

Powers of the Secretary of State, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs
28
1
This regulation applies where, in contravention of Article 11 of the 2014 Regulation, a person has imported into Northern Ireland from outside the customs territory of the EU a product or equipment containing, or whose functioning relies upon, fluorinated greenhouse gases.
2
The Secretary of State may require the person to, within a reasonable period of time—
a
dispose of the product or equipment without causing pollution of the environment or harm to human health or the health of animals or plants;
b
otherwise render it harmless; or
c
remove it from—
i
the United Kingdom;
ii
an offshore installation; or
iii
a Northern Ireland offshore installation used in connection with any of the activities described in regulation 4(4)(a) to (g).
3
The Scottish Ministers may require the person to, within a reasonable period of time, remove the product or equipment from a Scottish offshore installation.
4
The Department of Agriculture, Environment and Rural Affairs may require the person to, within a reasonable period of time, remove the product or equipment from a Northern Ireland offshore installation used in connection with any of the activities described in regulation 4(4)(h) and (i).
Words in reg. 28 heading substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 23(2)
Words in reg. 28(2)(c)(iii) inserted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 23(3)
Words in reg. 28(4) substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 23(4)
Words in reg. 28 heading substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 23(2)
Words in reg. 28(2)(c)(iii) inserted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 23(3)
Words in reg. 28(4) substituted (22.2.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 23(4)
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Words in reg. 28(1) substituted (E.W.S.) (31.12.2020) by S.I. 2019/583, regs. 1(1), 35(1)(5) (as amended by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1616), regs. 1(2), 2(2)(18)(a)(e)); 2020 c. 1, Sch. 5 para. 1(1)
Words in reg. 28(1) substituted (N.I.) (31.12.2020) by S.I. 2019/583, regs. 1(1), 35A(1)(5) (as amended by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1616), regs. 1(2), 2(2)(19)); 2020 c. 1, Sch. 5 para. 1(1)