The Environmental Protection (Microbeads) (Wales) Regulations 2018
PART 1
Introduction
1
Citation, commencement, extent and application
2
Interpretation
PART 2
Offences
3
Offences
4
Defence of due diligence for suppliers
5
Time limit for the prosecution of offences
PART 3
Enforcement and Civil Sanctions
6
Enforcement
7
Civil sanctions
8
Enforcement Officer Powers
9
Powers of entry and examination etc.
10
Offences
11
Publication of enforcement action
PART 4
Guidance
12
Guidance
13
Additional guidance
PART 5
Review
14
Review
THE SCHEDULE
Civil Sanctions
PART 1
Variable Monetary Penalties and Compliance Notices
1
Imposition of a variable monetary penalty or compliance notice
2
Notice of intent
3
Third party undertakings
4
Final notice
5
Contents of final notice: variable monetary penalty
6
Contents of final notice: compliance notice
7
Appeals against final notice
8
Criminal proceedings
PART 2
Stop Notices
9
Stop notices
10
Contents of a stop notice
11
Appeals against stop notices
12
Completion certificates
13
Appeals against decision not to issue a completion certificate
14
Compensation
15
Appeal against compensation decision
16
Offence
PART 3
Enforcement Undertakings
17
Enforcement undertakings
18
Contents of an enforcement undertaking
19
Acceptance of an enforcement undertaking
20
Discharge of an enforcement undertaking
21
Appeals against decision not to issue a certificate
22
Inaccurate, misleading or incomplete information
23
Non-compliance with an enforcement undertaking
PART 4
Non-compliance penalties
24
Non-compliance penalties
25
Appeals against non-compliance penalties
PART 5
Administration and Appeals
26
Withdrawing or amending a notice
27
Enforcement cost recovery notices
28
Appeals against enforcement cost recovery notices
29
Power to recover payments
30
Appeals: general provisions
2018 No. 760 (W. 151)

Environmental Protection, Wales

The Environmental Protection (Microbeads) (Wales) Regulations 2018
Made
19 June 2018
Coming into force
30 June 2018
The Welsh Ministers—
a
have published a notice in the London Gazette and the Western Mail as required by section 140(6)(b) of the Environmental Protection Act 1990 (“the 1990 Act”) and have considered the representations made in accordance with that notice;
b
have consulted in accordance with sections 59 and 60 of the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”) and are satisfied (in accordance with section 66 of that Act) that local authorities (who are the regulator for the purpose of these Regulations) will act in accordance with the principles referred to in section 5(2) of that Act in exercising a power conferred by these Regulations;
c
consider it appropriate to make these Regulations for the purpose of preventing the substance or articles specified in them from causing pollution of the environment and harm to the health of animals.
In accordance with section 62(3) of the 2008 Act, a draft of these Regulations has been laid before, and approved by resolution of, the National Assembly for Wales.
The Welsh Ministers make these Regulations in exercise of the powers conferred by section 140(1)(b) and (c), (3)(c) and (d), and (9) of the 1990 Act and sections 36, 42, 46, 48, 49, 50, 52 to 55 and 62(2) of the 2008 Act .
1990 c .43.
2008 c. 13. For the purposes of these Regulations, “the regulator” has the meaning given by regulation 2, rather than the meaning given by section 37 of the 2008 Act.
Section 140(3)(c) was amended by S.I. 1999/1108. By virtue of S.I. 1999/672, article 2 and Schedule 1, and section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006, subject to certain exceptions, the powers under section 140 are now exercisable by the Welsh Ministers in relation to Wales.
Section 36(2) was amended by the Enterprise Act 2016, section 21(1), (2)(f); section 42(6) was amended by S.I. 2015/664; section 49(1) was amended by S.I. 2015/664.