The Control of Mercury (Enforcement) Regulations 2017

1. Introductory Text

2. PART 1 Introductory

   1. 1. Citation and application

   2. 2. Commencement

   3. 3. Interpretation

   4. 4. Definitions relating to offshore installations

   5. 5. “Enforcing authority”

   6. 6. Designation of competent authority

3. PART 2 Civil enforcement in England and Wales

   1. 7. Application of this Part

   2. 8. Enforcement notices

   3. 9. Action by authority to ensure compliance with enforcement notices

   4. 10. Civil penalties

   5. 11. Further provision about civil penalties

   6. 12. Civil penalties: late payment interest

   7. 13. Recovery of enforcement costs

   8. 14. Enforcement costs: late payment interest

   9. 15. Further provision about appeals

   10. 16. Multiple enforcement

   11. 17. Publication of civil enforcement

   12. 18. Civil proceedings

4. PART 3 Enforcement specific to Northern Ireland

   1. 19. Application of this Part and interpretation

   2. 20. Enforcement notices

   3. 21. Action by DAERA to ensure compliance with enforcement notices

   4. 22. Recovery of enforcement costs

   5. 23. Late payment interest

   6. 24. Further provision about appeals

5. PART 4 Enforcement specific to Scotland

   1. 25. Application of this Part

   2. 26. Enforcement notices

   3. 27. Action by SEPA to ensure compliance with enforcement notices

   4. 28. Recovery of enforcement costs

   5. 29. Late payment interest

   6. 30. Further provision about appeals

   7. 31. Enforcement by the courts

   8. 32. Monetary penalties, costs recovery and enforcement undertakings

6. PART 5 Further provision about enforcement

   1. 33. Imports and exports: assistance by customs officials

   2. 34. Information sharing

   3. 35. Information notices

   4. 36. Further provision about giving notices

   5. 37. Authorising imports

   6. 38. Notification of new mercury-added products and manufacturing processes

7. PART 6 Offshore installations: assistance by Secretary of State

   1. 39. Offshore installations: assistance by Secretary of State

   2. 40. Admissibility etc.

8. PART 7 Criminal enforcement

   1. 41. Offences in respect of laws relating to mercury, enforcement notices and information

   2. 42. Limitation of regulation 41 offences in England and Wales only

   3. 43. Offences relating to customs officials

   4. 44. Offences relating to inspections of offshore installations

   5. 45. Proceedings: partnerships etc.

   6. 46. Offences by bodies corporate etc.

   7. 47. Offences: penalties

9. PART 8 Amendments and revocation

   1. 48. Amendment to section 41 of the Environment Act 1995

   2. 49. Amendment to the Control of Major Accident Hazards Regulations 2015

   3. 50. Amendment to the Environment (Northern Ireland) Order 2002

   4. 51. Revocation of the Mercury Export and Data (Enforcement) Regulations 2010

10. Signature

11. 1. SCHEDULE 1

       Laws relating to mercury

       1. 1. The provisions of the Mercury Regulation are— Provision Subject matter...

       2. 2. The reference to an authorised waste management establishment in the...

    2. SCHEDULE 2

       Definitions relating to offshore installations

       1. 1. “Offshore installation”

       2. 2. “Offshore area”

       3. 3. “English offshore area”

       4. 4. “Scottish offshore area”

    3. SCHEDULE 3

       Provisions relating to appeals in Scotland

       1. PART 1 Appeals procedure

          1. 1. A person (the “appellant”) who wishes to appeal under regulation...

          2. 2. The relevant documents are— (a) a written statement of the...

          3. 3. The notice of appeal must be given in accordance with...

          4. 4. The appellant may withdraw a notice of appeal by—

          5. 5. The Scottish Ministers may, in a particular case, allow a...

          6. 6. SEPA must, within 14 days of receipt of the notice...

          7. 7. Notice given under paragraph 6 must— (a) describe the subject...

          8. 8. SEPA must, within 14 days of giving notice under paragraph...

          9. 9. If an appeal is withdrawn, SEPA must give notice of...

          10. 10. SEPA may make written representations about the appeal to the...

          11. 11. Any representations by SEPA must be given to the Scottish...

          12. 12. The Scottish Ministers may, in a particular case, allow SEPA’s...

          13. 13. SEPA must, at the same time as giving the representations...

          14. 14. The appellant may make further written representations relating to SEPA’s...

          15. 15. The Scottish Ministers may, in a particular case, allow the...

          16. 16. The appellant must, at the same time as giving the...

          17. 17. The Scottish Ministers must— (a) give to the appellant and...

          18. 18. The Scottish Ministers may require exchanges of written representations between...

       2. PART 2 Public hearings

          1. 19. Before determining an appeal under regulation 26(8) or 28(11), the...

          2. 20. A hearing must be held wholly or partly in private...

          3. 21. Where the Scottish Ministers cause a hearing to be held,...

          4. 22. If the Scottish Ministers, the appellant and SEPA agree, the...

          5. 23. Where any part of a hearing is to be held...

          6. 24. The Scottish Ministers may vary the date fixed for the...

          7. 25. If the Scottish Ministers vary the date under 24, they...

          8. 26. The persons entitled to be heard at a hearing are—...

          9. 27. Nothing in paragraph 26 prevents the appointed person from allowing...

          10. 28. The appointed person must cause notice of the time and...

          11. 29. The appointed person may do one or any combination of...

          12. 30. But the appointed person must not require any person to...

          13. 31. A person who is required to give evidence at a...

          14. 32. The expenses are to be treated as part of the...

          15. 33. The Scottish Ministers or the appointed person may make an...

          16. 34. The order may specify the person or persons by whom...

          17. 35. The Scottish Ministers or the appointed person may treat as...

          18. 36. In paragraph 35(a), “the standard amount” means an amount, if...

          19. 37. Where the Scottish Ministers or the appointed person make an...

          20. 38. The amount certified is a debt due by that person...

          21. 39. After the conclusion of a hearing of an appointed person,...

          22. 40. The report must include the conclusions and recommendations of the...

       3. PART 3 Determination of appeals

          1. 41. The Scottish Ministers must— (a) give written notice to the...

          2. 42. At the same time as giving notice under paragraph 41,...

12. Explanatory Note