Made | 11th December 2006 | ||
Laid before Parliament | 15th December 2006 | ||
Coming into force | 7th January 2007 |
1. | Citation and commencement |
2. | Interpretation |
3. | Restriction on the placing on the market or use of dangerous substances and preparations |
4. | Matters outside the scope of the restriction in regulation 3 |
5. | Leaded paint |
6. | PCP |
7. | Nonylphenol and nonylphenol ethoxylate |
8. | Enforcement |
9. | Powers of the enforcing authority and authorisation |
10. | Proceedings before a civil court |
11. | Offences |
12. | Penalties |
13. | Offences |
14. | Penalties |
15. | Bodies corporate and Scottish partnerships |
16. | Power of court to order cause of offence to be remedied |
17. | Appeals against enforcement and prohibition notices |
18. | Revocations and savings |
SCHEDULE 1— | Table of substances, preparations and restrictions |
SCHEDULE 2— | Leaded paints |
PART 1— | Contents of a relevant declaration |
PART 2— | Contents of a notification |
SCHEDULE 3— | Powers of entry, warrants, additional powers and notices |
PART 1— | Powers of entry and inspection |
PART 2— | Warrants, evidence and compensation |
PART 3— | Seizure in cases of imminent danger of serious pollution |
PART 4— | Notices |
SCHEDULE 4— | Revocations |
PART 1— | Regulations that extend to the United Kingdom |
PART 2— | Regulations that extend to England and Wales and Scotland |
PART 3— | Statutory Rules of Northern Ireland |
(2) Other expressions used in these Regulations which are used in the Dangerous Substances Directive have the meaning they bear in that Directive.
Restriction on the placing on the market or use of dangerous substances and preparations
3.
—(1) No person shall place on the market or use any of the dangerous substances and preparations listed in Schedule 1 except in accordance with the restrictions set out in column 4 of that Schedule.
(2) Paragraph (1) is subject to regulations 4 to 7.
Leaded paint
5.
—(1) A person may market leaded paint if it is marketed with a view to its use as set out in paragraph (2).
(2) Subject to paragraph (3), a person may use leaded paint if the paint is used in the restoration or maintenance of—
where it is required to restore or maintain historic textures or finishes.
(3) A person who intends to use leaded paint shall—
(4) A person may supply leaded paint if he complies with paragraph (5).
(5) A person who receives a relevant declaration pursuant to paragraph (3)(a) and agrees to supply leaded paint to the intended user stated in the declaration—
(6) A person who provides a relevant declaration under paragraph (3)(b) shall not use the paint—
(7) If a competent body is not satisfied with the content of a relevant declaration or notification, it shall—
(8) For the purposes of this regulation—
PCP
6.
—(1) PCP may be—
(2) The placing on the market of PCP intended for use alone or as a component of preparations is permitted if it is approved—
and takes place in accordance with such approval.
(3) Until 31st December 2008, any substance that contains PCP may be placed on the market if it has a total H6CDD content below 2 parts per million and that substance—
(4) The use of PCP alone or as a component of preparations is permitted if that use is approved—
and takes place in accordance with such approval.
(5) Until 31st December 2008, any substance or preparation that contains PCP may be used in industrial installations—
or
(b) for the impregnation of fibres or heavy duty textiles if such material—
(6) For the purposes of this regulation—
Nonylphenol and nonylphenol ethoxylate
7.
—(1) Nonylphenol and nonylphenol ethoxylate may be placed on the market or used as part of a pesticide or biocide product if, and to the extent which, the placing on the market or use of the pesticide or biocide is authorised by a relevant approval.
(2) In this regulation—
is an authorisation for the purposes of paragraph (2).
Proceedings before a civil court
10.
If the enforcing authority is of the opinion that proceedings against a person for an offence under Part 4 would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purpose of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.
.
or cause or permit another person to do so.
Penalties
12.
Any person guilty of an offence under regulation 11 shall be liable—
(2) It is an offence for a person, without reasonable excuse—
(b) to fail or refuse to provide facilities or assistance or to permit any inspection reasonably required by an authorised person under or by virtue of those powers; or
(c) to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer, pursuant to the powers in Part 1 or 2 of Schedule 3.
(3) It is an offence for a person falsely to pretend to be an authorised person.
(4) In this regulation, "powers or duties" includes powers or duties exercisable by virtue of a warrant under paragraph 11 of Schedule 3.
Penalties
14.
—(1) A person guilty of an offence under regulation 13 shall be liable—
and
(b) in any other case, on summary conviction, to a fine not exceeding level 5 on the standard scale.
(2) A person guilty of an offence under regulation 13(2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2) "Officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) Where an offence under this Part committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
(5) In paragraph (4) "partner" includes a person purporting to act as a partner.
Power of court to order cause of offence to be remedied
16.
—(1) Where a person is convicted of an offence under this Part in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.
(2) The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or extended under this paragraph, as the case may be.
(3) Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be liable under regulation 12 or 14 in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2).
(3) An appeal shall be received by the appeal body no later than two months from the date of the notice.
(4) The appeal body may allow an appeal received after the date referred to in paragraph (3).
(5) Where an appeal is brought, this shall not have the effect of suspending the operation of the notice.
(6) On the determination of an appeal, the appeal body may either quash or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the appeal body sees fit.
(7) In relation to the making and determination of appeals under this regulation, the appeal body may adopt such procedures as it sees fit.
Jeff Rooker
Minister of State Department for Environment, Food and Rural Affairs
11th December 2006
Point number in Annex I to Council Directive 76/769/EEC | Substance or preparation | Directives amending Council Directive 76/769/EEC relevant to the substance or preparation | Restrictions |
17. |
Lead carbons: - neutral anhydrous carbonate Pb CO3 (CAS Number 598-63-0) - trilead-bis(carbonate)-dihydroxide 2 PB CO3-Pb(OH)2 (CAS Number 1319-46-6) |
Council Directive 89/677/EEC (OJ L398, 30.12.1989, p.19) |
May not be used as substances or constituents of preparations intended for use as paints except as provided under regulation 5. |
18. |
Lead sulphates: PbSO4 (1:1) (CAS No 7446-14-2) Pbx SO4 (CAS Number 15739-80-7) |
Council Directive 89/677/EEC (OJ L398, 30.12.1989, p.19) |
May not be used as substances or constituents of preparations intended for use as paints except as provided under regulation 5. |
19. | Mercury compound |
Council Directive 89/677/EEC (OJ L398, 30.12.1989, p.19) |
May not be used as substances and constituents of preparations intended for use: (a) to prevent the fouling by micro-organisms, plants or animals of: - the hulls of boats, - cages, floats, nets and any other appliances or equipment used for fish or shellfish farming, - any totally or partly submerged appliances or equipment; (b) in the preservation of wood; (c) in the impregnation of heavy-duty industrial textiles and yarn intended for their manufacture; (d) in the treatment of industrial waters, irrespective of their use. |
20. | Arsenic compounds |
Commission Directive 2003/2/EC (OJ L4, 9.1.2003, p.9) |
1. May not be used as substances and constituents of preparations intended for use: (a) to prevent the fouling by micro-organisms, plants or animals of: - the hulls of boats, - cages, floats, nets and any other appliances or equipment used for fish or shellfish farming, - any totally or partly submerged appliances or equipment; (b) in the preservation of wood. Furthermore, wood so treated may not be placed on the market; (c) however, by way of derogation: (i) relating to the substances and preparations in the preservation of wood: these may only be used in industrial installations using vacuum or pressure to impregnate wood if they are solutions of inorganic compounds of copper, chromium, arsenic (CCA) type C. Wood so treated may not be placed on the market before fixation of the preservative is completed. (ii) relating to wood treated with CCA solutions in industrial installations according to point (i): this may be placed on the market for professional and industrial use provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely: - as structural timber in public and agricultural buildings, office buildings, and industrial premises, - in bridges and bridgework, - as constructional timber in freshwater areas and brackish waters, e.g. jetties and bridges, - as noise barriers, - in avalanche control, - in highway safety fencing and barriers, - as debarked round conifer livestock fence posts, - in earth retaining structures, - as electric power transmission and telecommunications poles, - as underground railway sleepers. All treated wood placed on the market shall be individually labelled "For professional and industrial installation and use only, contains arsenic." In addition, all wood placed on the market in packs shall also bear a label stating "Wear gloves when handling this wood. Wear a dust mask and eye protection when cutting or otherwise crafting this wood. Waste from this wood shall be treated as hazardous by an authorised undertaking." (iii) treated wood referred to under points (i) and (ii) may not be used: - in residential or domestic constructions, whatever the purpose, - in any application where there is a risk of repeated skin contact, - in marine waters, - for agricultural purposes other than for livestock fence posts and structural uses in accordance with point (ii), - in any application where the treated wood may come into contact with intermediate or finished products intended for human and/or animal consumption. 2. May not be used as substances and constituents of preparations intended for use in the treatment of industrial waters, irrespective of their use. |
21. | Organostannic compounds |
Commission Directive 2002/62/EC (OJ L183, 12.7.2002, p.58) |
1. May not be placed on the market for use as substances and constituents of preparations when acting as biocides in free association paint. 2. May not be placed on the market or used as substances and constituents of preparations which act as biocides to prevent the fouling by microorganisms, plants or animals of: (a) all craft irrespective of their length intended for use in marine, coastal, estuarine and inland waterways and lakes; (b) cages,floats, nets and any other appliances or equipment used for fish or shellfish farming; (c) any totally or partly submerged appliance or equipment. 3. May not be used as substances and constituents of preparations intended for use in the treatment of industrial waters. |
22. |
di-µ-oxo-di-n-butylstanniohydroxyborane (C8H18BO3S n) (CAS Number 75113-37-0)(DBB) |
Council Directive 89/677/EEC (OJ L398, 30.12.1989, p.19) |
Shall be prohibited in a concentration equal to or greater than 0.1% in substances and constituents of preparations placed on the market. However, this provision shall not apply to this substance (DBB) or preparations containing it if these are intended solely for conversion into finished products, among which this substance will no longer feature in a concentration equal to or greater than 0.1% . |
23. |
Pentachlorophenol (CAS Number 87-86-5) and its salts and esters |
Commission Directive 1999/51/EC (OJ L142, 5.6.1999, p.22) |
Shall not be used in a concentration equal to or greater than 0.1% by mass in substances or preparations placed on the market except as provided under regulation 6. |
24. |
Cadmium (CAS Number 7440-43-9) and its compounds |
Council Directive 91/338/EEC (OJ L186, 12.7.1991, p.59) |
1.1. May not be used to give colour to finished products manufactured from the substances and preparations listed below(¹): - polyvinyl chloride (PVC)[390410][390421] [390422] - polyurethane (PUR)[390950] - low density polyethylene (ld PE), with the exception of low density polyethylene used for the production of coloured masterbatch [390110] - cellulose acetate (CA) [391211][391212] - cellulose acetate butyrate (CAB) [391211][391212] - epoxy resins [390730]. In any case, whatever their use or intended final purpose, finished products or components of products manufactured from the substances and preparations listed above coloured with cadmium may not be placed on the market if their cadmium content (expressed as Cd metal) exceeds 0.01% by mass of the plastic material. 1.2. Section 1.1 also applies for: (a) finished products manufactured from the following substances and preparations: - melamine – formaldehyde (MF) [390920] - urea – formaldehyde (UF) [390910] - unsaturated polyesters (UP) [390791] - polyethylene terephthalate (PET) [390760] - polybutylene terephthalate (PBT) - transparent/general purpose polystyrene [390311][390319] - acrylonitrile methylmethacrylate (AMMA) - cross-linked polyethylene (VPE) - high-impact polystyrene - polypropylene (PP) [390210] (b) paints [3208][3209] However, if the paints have a high zinc content, their residual concentration of cadmium must be as low as possible and at all events not exceed 0.1% by mass. 1.3. However, sections 1.1 and 1.2 do not apply to products to be coloured for safety reasons. 2.1. May not be used to stabilize the finished products listed below manufactured from polymers or copolymers of vinyl chloride: - packaging materials (bags, containers, bottles, lids) [3923 29 10][392041][392042] - office or school supplies [392610] - fittings for furniture, coachwork or the like [392630] - articles of apparel and clothing accessories (including gloves) [392620] - floor and wall coverings [391810] - impregnated, coated, covered or laminated textile fabrics [590310] - imitation leather [4202] - gramophone records [852410] - tubes and pipes and their fittings [391723] - swing doors - vehicles for road transport (interior, exterior, underbody) - coating of steel sheet used in construction or in industry - insulation for electrical wiring. In any case, whatever their use or intended final purpose, the placing on the market of the above finished products or components of products manufactured from polymers or copolymers of vinyl chloride, stabilized by substances containing cadmium is prohibited, if their cadmium content (expressed as Cd metal) exceeds 0.01% by mass of the polymer. 2.2. However, section 2.1 does not apply to finished products using cadmium-based stabilizers for safety reasons. 3. "Cadmium plating" means any deposit or coating of metallic cadmium on a metallic surface. 3.1. May not be used for cadmium plating metallic products or components of the products used in the sectors/applications listed below, (a) equipment and machinery for: - food production [8210][841720][841981][842111][842112][8422][8435][8437][8438][847611] - agriculture [841931][842481][8432][8433][8434][8436] - cooling and freezing [8418] - printing and book-binding [8440][8442][8443], (b) equipment and machinery for the production of: - household goods [7321][842112][8450][8509][8516] - furniture [8465][8466][9401][9402][9403][9404] - sanitary ware [7324] - central heating and air conditioning plant [7322][8403][8404][8415]. In any case, whatever their use or intended final purpose, the placing on the market of cadmium-plated products or components of such products used in the sectors/applications listed in (a) and (b) above and of products manufactured in the sectors listed in (b) above is prohibited. The provisions referred to in Section 3.1 are also applicable to cadmium-plated products or components of such products when used in the sectors/applications listed in (a) and (b) below and to products manufactured in the sectors listed in (b) below: (a) equipment and machinery for the production of: - paper and board [841932][8439][8441] - textiles and clothing [8444](1) [8445][8447][8448][8449][8451][8452], (b) equipment and machinery for the production of: - industrial handling equipment and machinery [8425][8426][8427][8428] [8429][8430][8431] - road and agricultural vehicles [chapter 87] - rolling stock [chapter 86] - vessels [chapter 89]. 3.3. However, Sections 3.1 and 3.2 do not apply to: - products and components of the products used in the aeronautical, aerospace, mining, offshore and nuclear sectors whose applications require high safety standards and in safety devices in road and agricultural vehicles, rolling stock and vessels, - electrical contacts in any sector of use, on account of the reliability required of the apparatus on which they are installed. |
25. |
Monomethyl – tetrachlorodiphenyl methane Trade name: Ugilec 141 (CAS Number 76253-60-6) |
Council Directive 91/339/EEC (OJ L186, 12.7.1991, p.64) |
The marketing and use of this substance and of preparations and products containing it shall be prohibited. By way of exception this provision shall not apply: 1) in the case of plant and machinery already in service on 18 June 1994 until such plant and machinery is disposed of (²); 2) in the case of the maintenance of plant and machinery already in service on 18 June 1994. The placing on the secondhand market of this substance , preparations containing this substance and plant/machinery containing this substance shall be prohibited. |
26. |
Monomethyl-dichloro-diphenyl methane. Trade name: Ugilec 121, Ugilec 21. (CAS Number unknown) |
Council Directive 91/339/EEC (OJ L186, 12.7.1991, p.64) |
The marketing and use of this substance and of preparations and products containing it shall be prohibited. |
27. |
Monomethyl-dibromo-diphenyl methane. Trade name: DBBT (CAS Number 99688-47-8) |
Council Directive 91/339/EEC (OJ L186, 12.7.1991, p.64) |
The marketing and use of this substance and of preparations and products containing it shall be prohibited. |
41. |
Hexachloroethane (CAS Number 67-72-1) (EINECS Number 2006664) |
Commission Directive 2001/91/EC (OJ L286, 30.10.2001, p.27) |
May not be used in the manufacturing or processing of non-ferrous metals. |
42. | Alkanes, C10 –C13, chloro (short-chain chlorinated paraffins) |
Directive 2002/45/EC of the European Parliament and of the Council (OJ L177, 6.7.2002, p.21) |
May not be placed on the market for use as substances or as constituents of other substances or preparations in concentrations higher than 1% : - in metalworking; - for fat liquoring of leather. |
44. | Diphenylether, pentabromo derivative C12 H5 Br5 O. |
Directive 2003/11/EC of the European Parliament and of the Council (OJ L42, 15.2.2003, p.45) as amended by Commission Directive 2004/98/EC (OJ L305, 1.10.2004, p.63) |
1. May not be placed on the market or used as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass. 2. Articles may not be placed on the market if they, or flame-retardant parts thereof, contain this substance in concentrations higher than 0.1% by mass. |
45. | Diphenylether, octabromo derivative C12 H2 Br8 O. |
Directive 2003/11/EC of the European Parliament and of the Council (OJ L42, 15.2.2003, p.45) |
1. May not be placed on the market or used as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass. 2. Articles may not be placed on the market if they, or flame-retardant parts thereof, contain this substance in concentrations higher than 0.1% by mass. |
46. |
(1) Nonylphenol C6 H4 (OH)C9 H19 (2) Nonylphenol ethoxylate (C2 H4 O)n C15 H24 O |
Directive 2003/53/EC of the European Parliament and of the Council (OJ L178, 17.7.2003, p.24) |
May not be placed on the market or used as a substance constituent of preparations in concentrations equal or higher than 0.1% by mass for the following purposes: (1) industrial and institutional cleaning except: - controlled closed dry cleaning systems where the washing liquid is recycled or incinerated, - cleaning systems with special treatment where the washing liquid is recycled or incinerated; (2) domestic cleaning; (3) textiles and leather processing except: - processing with no release into waste water, - systems with special treatment where the process water is pre-treated to remove the organic fraction completely prior to biological waste water treatment (degreasing of sheepskin): (4) emulsifier in agricultural teat dips; (5) metal working except: - uses in controlled closed systems where the washing liquid is recycled or incinerated; (6) manufacturing of pulp and paper; (7) cosmetic products; (8) other personal care products except spermicides; (9) co-formulants in pesticides and biocides except as provided under regulation 7. |
49. |
Trichlorobenzene CAS Number 120-82-1 |
Directive 2005/59/EC of the European Parliament and of the Council (OJ L309, 25.11.2005, p.13) |
On or after 15th June 2007, may not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0.1% by mass for all uses except - as an intermediate of synthesis; - as a process solvent in closed chemical applications for chlorination reactions; or - in the manufacture of 1,3,5 – trinitro – 2,4,6 – triaminobenzene (TATB). |
50. |
Polycyclic-aromatic hydrocarbons (PAH) 1. Benzo(a)pyrene (BaP) CAS Number 50-32-8 2. Benzo(c)pyren (BcP) CAS Number 192-97-2 3. Benzo(a)anthracene (BaA) CAS Number 56-55-3 4. Chrysen (CHR) CAS Number 218-01-9 5. Benzo(b)fluoranthene (BbFA) CAS Number 205-99-2 6. Benzo(j)fluoranthene (BjFA) CAS Number 207-08-9 7. Benzo(k)fluoranthene (BkFA) CAS Number 207-08-9 8. Dibenzo(a, h)anthracene (DBAhA) CAS Number 53-70-3 |
Directive 2005/69/EC of the European Parliament and of the Council (OJ L323, 9.12.2005, p.51) |
1. On or after 1st January 2010, extender oils may not be placed on the market and used for the production of tyres or parts of tyres, if they contain: - more than 1mg/kg BaP; or - more than 10mg/kg of the sum of all listed PAHs. These limits are regarded as kept, if the polycyclic aromatics (PCA) extract is less than 3% by mass, as measured by the Institute of Petroleum standard IP346:1998 (Determination of PCA in unused lubricating base oils and asphaltene free petroleum fractions – Dimethyl sulphoxide extraction refractive index method), provided that compliance with the limit values of BaP and of the listed PAHs, as well as the correlation of the measured values with the PCA extract, is controlled by the manufacturer or importer every six months or after each major operational change, whichever is earlier. 2. Furthermore, the tyres and treads for retreading manufactured on or after 1st January 2010 may not be placed on the market if they contain extender oils exceeding the limits indicated in paragraph 1. These limits are regarded as kept, if the vulcanised rubber compounds do not exceed the limit of 0.35% Bay protons as measured and calculated by ISO 21461 (Rubber vulcanised – Determination of aromaticity of oil in vulcanised rubber compounds). 3. By way of derogation, paragraph 2 shall not apply to retreaded tyres if their tread does not contain extender oils exceeding the limits indicated in paragraph 1. |
(c) to make such examination and investigation as may in any circumstances be necessary;
(d) as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c);
(e) to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c);
(f) to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;
(g) in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to be or contain a substance or preparation restricted under regulation 3, to cause it to be dismantled or subjected to any process or test (but not so as to destroy or damage it, unless that is necessary);
(h) in the case of any article or substance mentioned in sub-paragraph (g), to take possession of it and detain it for so long as is necessary for all or any of the following purposes—
(i) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers;
(j) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for him to see for the purposes of an examination or investigation under sub-paragraph (c) and to inspect, and take copies of, or of any entry in, the records; and
(k) to require any person to afford him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by Part 1 of this Schedule.
2.
Except in an emergency, in any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of paragraph 1 shall only be effected—
3.
Except in an emergency, where an authorised person proposes to enter any premises and—
any entry on to those premises by virtue of paragraph 1 shall only be effected under the authority of a warrant by virtue of Part 2 of this Schedule.
4.
In relation to any premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, the powers under paragraph 1 shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954[22] (which restricts entry to such premises where they have been declared to be prohibited places for the purposes of the Official Secrets Act 1911[23]).
5.
Where an authorised person proposes to exercise the power conferred by paragraph 1(g) in the case of an article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
6.
Before exercising the power conferred by paragraph 1(g) in the case of any article or substance, an authorised person shall consult—
as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do or cause to be done under the power.
7.
No answer given by a person in pursuance of a requirement imposed under paragraph 1(i) shall be admissible in evidence in England and Wales or Northern Ireland against that person in any proceedings, or in Scotland against that person in any criminal proceedings.
8.
Nothing in paragraph 1 shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the County Court, High Court or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
9.
Part 2 of this Schedule shall have effect with respect to the powers of entry and related powers conferred by paragraph 1.
10.
In this Part—
and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy;
the justice, sheriff or lay magistrate may by warrant authorise an enforcing authority to designate a person who shall be authorised to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.
12.
The conditions mentioned in paragraph 11 are—
13.
In a case where paragraph 12 applies, a justice of the peace, sheriff or lay magistrate shall not issue a warrant under paragraph 11 by virtue only of being satisfied that the exercise of the power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied that the notice required by that paragraph has been given and that the period of that notice has expired.
14.
Every warrant under paragraph 11 shall continue in force until the purposes for which the warrant was issued have been fulfilled.
15.
An authorised person shall produce evidence of his authorisation or designation and other authority before he exercises the power.
16.
Information obtained in consequence of the exercise of the powers in paragraph 1, with or without the consent of any person, shall be admissible in evidence against that or any other person.
17.
Without prejudice to the generality of paragraph 16, information obtained by means of monitoring or other apparatus installed on any premises in the exercise of the powers in paragraph 1, with or without the consent of any person in occupation of the premises, shall be admissible in evidence in any proceedings against that or any other person.
18.
A person who, in exercise of the powers in paragraph 1, enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them.
19.
Where any person exercises any power conferred by paragraph 1(a) or (b), it shall be the duty of the enforcing authority under whose authorisation he acts to make full compensation to any person who has sustained loss or damage by reason of—
20.
Compensation shall not be payable by virtue of paragraph 19 in respect of any loss or damage if—
21.
Any dispute as to a person's entitlement to compensation under paragraph 19, or as to the amount of any such compensation—
22.
An authorised person shall not be liable in any civil proceedings for anything done in the purported exercise of the powers under paragraph 1 if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
25.
If the authorised person cannot after reasonable inquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under paragraph 24(a).
26.
Where the powers under paragraph 23 are exercised, the enforcing authority shall be entitled to recover the costs it reasonably incurs from the person who knowingly caused or permitted the article to become a cause of imminent danger of serious pollution of the environment.
30.
The enforcing authority may withdraw an enforcement notice at any time.
33.
The enforcing authority may withdraw a prohibition notice at any time.
Statutory Instrument Number | Citation |
S.I. 1987/783 | The Control of Pollution (Anti-Fouling Paints and Treatments) Regulations 1987 |
Statutory Instrument Number | Citation |
S.I. 1992/31 | The Environmental Protection (Controls on Injurious Substances) Regulations 1992 |
S.I. 1992/1583 | The Environmental Protection (Controls on Injurious Substances) (No.2) Regulations 1992 |
S.I. 1993/1 | The Environmental Protection (Controls on Injurious Substances) Regulations 1993 |
S.I. 1993/1643 | The Environmental Protection (Controls on Injurious Substances) (No.2) Regulations 1993 |
S.I. 2001/3141 | The Environmental Protection (Controls on Injurious Substances) (Amendment) Regulations 2001 |
S.I. 2003/3274 | The Environmental Protection (Controls on Dangerous Substances) Regulations 2003 |
S.I. 2004/1816 | The Controls on Nonylphenol and Nonylphenol Ethoxylate Regulations 2004 |
S.I. 2004/3278 | The Controls on Pentabromodiphenyl Ether and Octobromophenyl Ether (No.2) Regulations 2004 |
Statutory Rule Number | Citation |
S.R. 1994 No.223 | The Marketing and Use of Dangerous Substances (No.2) Regulations (Northern Ireland) 1994 |
S.R. 1994 No.224 | The Marketing and Use of Dangerous Substances (No.3) Regulations (Northern Ireland) 1994 |
S.R. 2003 No.105 | The Marketing and Use of Dangerous Substances Regulations (Northern Ireland) 2003 |
S.R. 2003 No.106 | The Marketing and Use of Dangerous Substances (No.2) Regulations (Northern Ireland) 2003 |
S.R. 2003 No.165 | The Marketing and Use of Dangerous Substances (No.3) Regulations (Northern Ireland) 2003 |
S.R. 2003 No.548 | The Marketing and Use of Dangerous Substances (No.4) Regulations (Northern Ireland) 2003 |
S.R. 2004 No.302 | The Marketing and Use of Dangerous Substances (No.3) Regulations (Northern Ireland) 2004 |
S.R. 2004 No.509 | The Marketing and Use of Dangerous Substances (No.4) Regulations (Northern Ireland) 2004 |
Regulation 9 provides that the enforcement authorities shall have the powers in Schedule 3 and may appoint persons to act on their behalf in respect of enforcement.
Regulation 10 provides for the enforcement authorities to bring civil proceedings instead of proceedings for offences where the latter would afford an ineffectual remedy.
Regulation 11 sets out offences in relation to the contravention of regulation 3 and regulation 12 sets out the penalties in respect of those offences.
Regulation 13 sets out offences in relation to regulation 9 (powers of the enforcing authority and authorisation) and Schedule 3 (powers of entry, warrants, additional powers and notices) and regulation 14 sets out the penalties in respect of those offences.
Regulation 16 provides for powers of a court to order a person to remedy matters where that person has been convicted of an offence under these Regulations.
Under regulation 17, a person may appeal against an enforcement notice or prohibition notice served under Schedule 3.
Regulation 18 and Schedule 4 provide for revocations and savings.
Schedule 1 sets out a list of substances and preparations restricted under these Regulations.
Schedule 2 sets out information that must be provided in relation to the use of leaded paint where this use is permitted under regulation 5.
Schedule 3 sets out the powers of enforcement authorities.
A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector, and a transposition note, are available from the Chemicals and Nanotechnology Division, Department for Environment, Food and Rural Affairs, 123 Victoria Street, London SW1E 6DE. Copies have been placed in the library of each House of Parliament.
[2] 1972 c. 68. The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).back
[3] The CAS Registry Handbook, ISSN 0093-058X, is published by the Chemical Abstracts Service, American Chemical Society, Columbus, Ohio, USA.back
[4] OJ L262, 27.9.1976, p.201.back
[5] As at the date that these Regulations are made, Council Directive 76/769/EEC has been amended 28 times, the last published amendment is Directive 2005/69/EC (OJ L323, 9.12.2005, p.51).back
[6] OJ C146A, 15.6.1990, p.1. For each substance listed in the European Inventory of Existing Commercial Chemical Substance (EINECS) there is an identification code, starting at 200-001-8.back
[9] S.I.1999/1220 (N.I.11).back
[11] S.I.1995/1625 (N.I.9).back
[12] S.I. 1986/1510 as amended by S.I. 1997/188 and S.I. 2001/880.back
[13] S.R.1987 No.414 as amended by article 21(3) of the Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991 (S.R. 1991 No.203), the Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997 (S.R. 1997 No.469) and regulation 42 of the Biocidal Products Regulations (Northern Ireland) 2001 (S.R. 2001 No.422).back
[14] OJ L114, 27.4.2006, p.9.back
[15] OJ L377, 31.12.1991, p.20. Council Directive 91/689/EEC has been amended by Council Directive 94/31/EC (OJ L168, 2.7.1994, p.28) and Regulation (EC) 166/2006 of the European Parliament and of the Council (OJ L33, 4.2.2006, p.1).back
[19] S.I. 1997/2778 (N.I.19).back