The REACH Enforcement Regulations 2008

• “premises” means any land, vehicle, vessel or plant which is designed to move or be moved whether on roads or otherwise.

SECTION 2 — Warrants, evidence and compensation

11

If it is shown to the satisfaction, in England and Wales of a justice of the peace, in Scotland of the sheriff or a justice of the peace, or in Northern Ireland of a lay magistrate, on sworn information in writing—

• (a) that there are relevant grounds for the exercise in relation to any premises of the powers under paragraph 1; and

• (b) that one or more of the conditions specified in paragraph 12 is fulfilled in relation to those premises,

the justice, sheriff or lay magistrate may by warrant authorise an enforcing authority to designate a person who is 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—

• (a) that the exercise of the power in relation to the premises has been refused;

• (b) that such a refusal is reasonably apprehended;

• (c) that the premises are unoccupied;

• (d) that the occupier is temporarily absent from the premises and the case is one of urgency; or

• (e) that an application for admission to the premises would defeat the object of the proposed entry.

13

In a case where paragraph 12 applies, a justice of the peace, sheriff or lay magistrate must 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 the justice of the peace, sheriff or lay magistrate 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 continues in force until the purposes for which the warrant was issued have been fulfilled.

15

An authorised person must produce evidence of that person’s authorisation or designation and other authority before exercising the power.

16

Information obtained in consequence of the exercise of the powers in paragraph 1, with or without the consent of any person is 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, is 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 must leave the premises as effectively secured against trespassers as that person found them.

19

Where any person exercises any power conferred by paragraph 1(a) or (b), it is the duty of the enforcing authority under whose authorisation that person acts to make full compensation to any person who has sustained loss or damage by reason of—

• (a) the exercise of a power under paragraph 1 by the authorised person; or

• (b) the performance of, or failure of the authorised person to perform, the duty imposed under paragraph 18.

20

Compensation is not payable by virtue of paragraph 19 in respect of any loss or damage if—

• (a) it is attributable to the default of the person who sustained it; or

• (b) it is loss or damage in respect of which compensation is payable by virtue of any other enactment.

21

Any dispute as to a person’s entitlement to compensation under paragraph 19, or as to the amount of any such compensation—

• (a) in England and Wales, must be referred to the arbitration of a single arbitrator appointed by agreement between the enforcing authority in question and the person who claims to have sustained the loss or damage or, in default of agreement, appointed by the Secretary of State;

• (b) in Scotland, must be referred to the arbitration of an arbiter, appointed by agreement between the enforcing authority in question and the person who claims to have sustained the loss or damage or, in default of agreement, appointed by the Scottish Ministers; or

• (c) in Northern Ireland, must be referred to and determined by the Lands Tribunal for Northern Ireland.

22

An authorised person is not to 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.

SECTION 3 — Seizure in cases of imminent danger of serious pollution

23

If an authorised person has entered any premises and has reasonable cause to believe that any thing there is a cause of imminent danger of serious pollution of the environment, the authorised person may seize it and cause it to be rendered harmless (whether by destruction or otherwise).

24

An authorised person who exercises the power in paragraph 23 must as soon as possible prepare and sign a written report giving particulars of the circumstances in which the thing was seized and so dealt with and must—

• (a) give a signed copy of the report to a responsible person at the premises where the thing was found; and

• (b) unless the person is the owner of the thing, also serve a signed copy of the report on the owner.

25

If the authorised person cannot after reasonable inquiry ascertain the name or address of the owner, the copy may be served on the owner 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 is entitled to recover the costs it reasonably incurs from the person who knowingly caused or permitted the thing to become a cause of imminent danger of serious pollution of the environment.

SECTION 4 — Notices

27

An authorised person may, by a notice served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.

28

If an authorised person is of the opinion that a person has contravened, is contravening or is likely to contravene a listed REACH provision, the authorised person may serve on that person an enforcement notice.

29

An enforcement notice must—

• (a) state that the authorised person is of the opinion referred to in the preceding paragraph;

• (b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

• (c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and

• (d) specify the period within which those steps must be taken.

30

An enforcement notice may be withdrawn at any time.

31

If an authorised person is of the opinion that the activities of a person, in relation to a contravention or likely contravention of a listed REACH provision, are such that they involve an imminent danger of serious pollution of the environment, the authorised person may serve on that person a prohibition notice.

32

A prohibition notice must—

• (a) state that the authorised person is of the opinion referred to in the preceding paragraph;

• (b) specify the danger involved in the activity; and

• (c) specify the steps that must be taken to remove it and the period within which they must be taken.

33

A prohibition notice may be withdrawn at any time.

34

If a person fails to comply with an enforcement notice or prohibition notice, the enforcing authority may do what that person was required to do and may recover from that person any expenses reasonably incurred in doing so.

35

References in this Part to an “enforcement notice” or a “prohibition notice” have effect only for the purposes of this Part.

Part 2 — The Health and Safety Executive, the Health and Safety Executive for Northern Ireland , the Office of Rail Regulation the Office of Rail and Road , the Office for Nuclear Regulation and local (health and safety) authorities

SECTION 1 — Powers of entry

1

The powers of an authorised person are—

• (a) at any reasonable time (or, in a situation which the authorised person believes is or may be dangerous, at any time) to enter any premises which that person has reason to believe it is necessary to enter;

• (b) to be accompanied by a constable if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of that person’s duty;

• (c) without prejudice to the preceding sub-paragraph, on entering any premises by virtue of sub-paragraph (a) to—

• (i) be accompanied by any other person duly authorised by the authorised person’s enforcing authority; and

• (ii) take any equipment or materials required for any purpose for which the power of entry is being exercised.

• (d) to make such examination and investigation as may in any circumstances be necessary for the purpose for which the power is being exercised;

• (e) as regards any premises which the authorised person has power to enter, to direct that those premises or any part of them, or anything therein, must 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 (d);

• (f) to take such measurements and photographs and make such recordings as the authorised person considers necessary for the purpose of any examination or investigation under sub-paragraph (d);

• (g) to take samples of any thing found in any premises which the authorised person has power to enter and of the atmosphere in or in the vicinity of any such premises;

• (h) in the case of any thing found in any premises which the authorised person has power to enter and which appears to be in contravention of a listed REACH provision, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary);

• (i) in the case of any such thing as is mentioned in sub-paragraph (h), to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

• (i) to examine it and do to it anything which the authorised person has power to do under that sub-paragraph;

• (ii) to ensure that it is not tampered with before the authorised person’s examination of it is completed;

• (iii) to ensure that it is available for use as evidence in any proceedings for an offence under regulation 11 or 13.

• (j) to require any person whom the authorised person has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (d) 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 that person’s answers;

• (k) to require the production of, inspect, and take copies of or of any entry in—

• (i) any books or documents which by virtue of any of the listed REACH provisions are required to be kept; and

• (ii) any other books or documents which it is necessary for the authorised person to see for the purposes of any examination or investigation under sub-paragraph (d);

• (l) to require any person to afford the authorised person 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 upon the authorised person by this Part;

• (m) to seize and cause to be rendered harmless (whether by destruction or otherwise) any thing which is found by the authorised person in any premises and which the authorised person has reasonable cause to believe that, in the circumstances in which it is found is a cause of imminent danger of serious personal injury.

• (n) any other power which is necessary for the purpose of carrying out the enforcement duty.

2

Where an authorised person proposes to exercise the power conferred by paragraph 1(h) and if requested by a person who at the time is present in and has responsibilities in relation to those premises, the authorised person must cause anything which is to be done by virtue of that power to be done in the presence of that other person unless the authorised person considers that would be prejudicial to the safety of any person.

3

Before exercising the power conferred by paragraph 1(h), an authorised person must consult such persons as appear to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which it is proposed to do under that power.

4

Where under the power conferred by paragraph 1(i) an authorised person takes possession of any thing found in any premises, the authorised person must leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that thing sufficient to identify it and stating that the authorised person has taken possession of it under that power; and before taking possession of any such thing under that power an authorised person must, if it is practicable to do so, take a sample and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.

5

No answer given by a person in pursuance of a requirement imposed under paragraph 1(j) is admissible in evidence against that person or the spouse or civil partner of that person in any proceedings.

6

Before the power in paragraph 1(m) to render harmless any thing is exercised, an authorised person must, if it is practicable to do so, take a sample of it and give it to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.

7

As soon as may be after any thing has been seized and rendered harmless under paragraph 1(m), the authorised person must prepare and sign a written report giving particulars of the circumstances in which it was seized and so dealt with by the authorised person, and must—

• (a) give a signed copy of the report to a responsible person at the premises where the thing was found; and

• (b) unless that person is the owner of it, also serve a signed copy of the report on the owner,

and if, where sub-paragraph (b) applies, the authorised person cannot after reasonable enquiry ascertain the name or address of the owner, the copy may be served on the owner by giving it to the person to whom a copy was given under paragraph 4.

8

Nothing in this Part compels the production by any person of a document which—

• (a) except in relation to Scotland, that person would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the County Court or High Court; or

• (b) in relation to Scotland, contains confidential information made by or to an advocate or solicitor in that capacity and which that person would be entitled to withhold production on an order for the production of documents in an action in the Court of Session.

9

Where—

• (a) an action has been brought against an authorised person in respect of an act done in the execution or purported enforcement of a listed REACH provision;

• (b) the circumstances are such that the authorised person is not legally entitled to require an indemnity from theappropriate authority; and

• (c) the appropriate authority; is satisfied that the authorised person honestly believed that the act complained of was within that person’s powers and that the duty of an authorised person required or entitled that act,

the appropriate authority; may indemnify the authorised person against the whole or part of any damages and costs which that person may be ordered to pay or may have incurred.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION 2 — Notices

11

If an authorised person is of the opinion that—

• (a) activities are being carried on or are likely to be carried on by or under the control of a person; and

• (b) the activity involves or as the case may be, will involve a risk of serious personal injury,

the authorised person may serve on that person a prohibition notice.

12

A prohibition notice must—

• (a) state that the authorised person is of the opinion referred to in the preceding paragraph;

• (b) specify the matters which in the authorised person’s opinion give or, as the case may be, will give rise to the said risk;

• (c) where in the opinion of the authorised person any of those matters involves or, as the case may be, will involve a contravention of a listed REACH provision, the authorised person must—

• (i) state that opinion;

• (ii) specify the provision or provisions which relate to that opinion; and

• (iii) give particulars of the reasons supporting that opinion;

• (d) direct that the activities to which the notice relates must not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of sub-paragraph (b) and any associated contraventions of provisions so specified in pursuance of sub-paragraph (c) above have been remedied.

13

A direction contained in a prohibition notice in pursuance of paragraph 12(d) takes effect—

• (a) at the end of the period specified in the notice; or

• (b) if the notice so declares, immediately.

14

If an authorised person is of the opinion that a person—

• (a) is contravening one or more of the listed REACH provisions; or

• (b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,

the authorised person may serve on that person an improvement notice.

15

An improvement notice must—

• (a) state that the authorised person is of the opinion referred to in the preceding paragraph;

• (b) specify the provision or provisions as to which the authorised person is of that opinion, giving particulars of the reasons supporting that opinion;

• (c) require that the person to whom the improvement notice is addressed remedies the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against the notice can be brought as provided by regulation 21) as may be specified in the notice.

16

If an authorised person is of the opinion that a person has contravened, is contravening or is likely to contravene a listed REACH provision, the authorised person may serve on that person an enforcement notice.

17

An enforcement notice must—

• (a) state that the authorised person is of the opinion referred to in the preceding paragraph;

• (b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

• (c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and

• (d) specify the period within which those steps must be taken.

18

Where a prohibition notice, an improvement notice or an enforcement notice has been served but is not to take immediate effect—

• (a) the notice may be withdrawn by an authorised person at any time before the end of the period specified therein;

• (b) the period so specified may be extended or further extended by an authorised person at any time when an appeal against the notice is not pending.

19

References in this Part to a “prohibition notice”, an “improvement notice” or an “enforcement notice” have effect only for the purposes of this Part and Part 2 of Schedule 8.

PART 3 — Local (consumer safety) authorities

SECTION 1 — Powers of entry

1

An authorised person may at any reasonable hour and on production, if required, of that person’s credentials exercise any of the powers conferred by the following provisions of this section.

2

An authorised person may, for the purposes of ascertaining whether there has been any contravention of a listed REACH provision, inspect any goods and enter any premises other than premises occupied only as a person’s residence.

3

An authorised person may, for the purpose of ascertaining whether there has been any contravention of a listed REACH provision, examine any procedure (including any arrangements for carrying out a test) connected with the production of any goods.

4

If an authorised person has reasonable grounds for suspecting that there has been a contravention of a listed REACH provisions, the authorised person may—

• (a) require any person carrying on a business, or employed in connection with a business, to produce any records relating to the business;

• (b) for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain the goods;

• (c) take copies of, or of any entry in, any records produced by virtue of sub-paragraph (a).

5

An authorised person may seize and detain any goods or records which the authorised person has reasonable grounds for believing may be required as evidence in proceedings for any offence in respect of a contravention of a listed REACH provision.

6

If and to the extent that it is reasonably necessary to prevent a contravention of a listed REACH provision, the authorised person may—

• (a) require any person having authority to do so to open any container or to open any vending machine; and

• (b) open or break open any such container or machine where a requirement made under sub-paragraph (a) in relation to the container or machine has not been complied with.

7

An authorised person seizing any goods or records under this Part must inform the following persons that the goods or records have been so seized, that is to say—

• (a) the person from whom they are seized; and

• (b) in the case of imported goods seized on any premises under the control of the Commissioners for Revenue and Customs, the importer of those goods (within the meaning of the Customs and Excise Management Act 1979[^f00061]).

8

If a justice of the peace—

• (a) is satisfied by any written information on oath that there are reasonable grounds for believing either—

• (i) that any goods or records which any authorised person has power to inspect under this Part are on any premises and that their inspection is likely to disclose evidence that there has been a contravention of a listed REACH provision; or

• (ii) that such a contravention has taken place, is taking place or is about to take place on any premises; and

• (b) is also satisfied by any such information either—

• (i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this section has been given to the occupier; or

• (ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await the occupier’s return,

the justice may by warrant, which shall continue in force for a period of one month, authorise any authorised person to enter the premises, if need be by force.

9

An authorised person entering any premises by virtue of this section may be accompanied by such other persons and may take such equipment as may appear to the authorised person to be necessary.

10

On leaving any premises which an authorised person is authorised to enter by a warrant under this section, that person must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as the authorised person found them.

11

Where any goods seized by an authorised person under this Part are submitted to a test, the authorised person must inform the persons mentioned in paragraph 7 of the result of the test and, if—

• (a) proceedings are brought for an offence in respect of a contravention of a listed REACH provision; and

• (b) the authorised person is requested to do so and it is practicable to comply with the request,

the authorised person must allow any person who is a party to the proceedings or, as the case may be, has an interest in the goods to which the notice relates, to have the goods tested.

12

In the application of this section to Scotland, the reference in paragraph 8 to a justice of the peace includes a reference to a sheriff and the references to written information on oath include references to evidence on oath.

13

In the application of this section to Northern Ireland, the reference in paragraph 8 to a justice of the peace includes a reference to a lay magistrate and references to any information on oath include references to any complaint on oath.

SECTION 2 — Notices

14

Where an authorised person has reasonable grounds for suspecting that a listed REACH provision has been contravened in relation to any goods, the authorised person may serve a notice (“ a suspension notice”).

15

A suspension notice may prohibit the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified in the notice, from doing any of the following without the consent of an authorised person—

• (a) supplying the goods;

• (b) offering to supply them;

• (c) agreeing to supply them or exposing them for supply.

16

A suspension notice served by an authorised person in respect of any goods must—

• (a) describe the goods in a manner sufficient to identify them;

• (b) set out the grounds on which the authorised person suspects that a listed REACH provision has been contravened in relation to the goods; and

• (c) state that, and the manner in which, the person on whom the notice is served may appeal against the notice.

17

A suspension notice may require a person to keep the enforcing authority informed of the whereabouts throughout the period of the notice of any of those goods in which that person has an interest.

18

Where a suspension notice has been served on any person in respect of any goods, no further such notice must be served on that person in respect of the same goods unless—

• (a) proceedings against that person for an offence in respect of a contravention, in relation to the goods, of a listed REACH provision; or

• (b) proceedings for the forfeiture of the goods,

are pending at the end of the period specified in the notice.

19

A consent given by an authorised person for the purposes of paragraph 15 may impose such conditions on the doing of anything for which the consent is required as the authorised person considers appropriate.

20

Where an authorised person serves a suspension notice in respect of any goods, the authorised person is liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the service of the notice if—

• (a) there has been no contravention in relation to the goods of a listed REACH provision; and

• (b) the exercise of the power is not attributable to any neglect or default by that person having an interest in the goods.

21

Any disputed question as to the right to or the amount of any compensation payable under this section must be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

SECTION 3 — Forfeiture

22

An authorised person in England and Wales or Northern Ireland may apply under this section for an order for the forfeiture of any goods on the grounds that there has been a contravention in relation to the goods of a listed REACH provision.

23

An application under this section may be made—

• (a) where proceedings have been brought in a magistrates’ court for an offence in respect of a contravention of a listed REACH provision in relation to some or all of the goods, to that court;

• (b) where no application for the forfeiture of the goods has been made under sub-paragraph (a) by way of complaint to a magistrates’ court.

24

On an application under this section the court may make an order for the forfeiture of any goods only if it is satisfied that there has been a contravention of a listed REACH provision in relation to the goods.

25

A court may infer for the purposes of this section that there has been a contravention of a listed REACH provision in relation to any goods if it is satisfied that any such provision has been contravened in relation to goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

26

Any person aggrieved by an order made under this section by a magistrates’ court, or by a decision of such a court not to make such an order, may appeal against that order or decision—

• (a) in England and Wales, to the Crown Court;

• (b) in Northern Ireland, to the county court,

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980[^f00062] or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981^f00063.

27

Subject to paragraph 28, where any goods are forfeited under this section they must be destroyed in accordance with such directions as the court may give.

28

On making an order under this section a magistrates’ court may, if it considers it appropriate to do so, direct that the goods to which the order relates may (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—

• (a) does not supply those goods to any person otherwise than as specified;

• (b) complies with any order to pay costs or expenses which has been made against that person in the proceedings for the order for forfeiture.

29

In Scotland a sheriff may make an order for forfeiture of any goods in relation to which there has been a contravention of a listed REACH provision—

• (a) on an application by the procurator-fiscal; or

• (b) where a person is convicted of any offence in respect of any such contravention, in addition to any other penalty which the sheriff may impose.

30

The procurator-fiscal making an application under paragraph 29 must serve on any person appearing to be the owner of, or otherwise to have an interest in, the goods to which the application relates a copy of the application, together with a notice giving the opportunity to appear at the hearing of the application to show cause why the goods should not be forfeited.

31

Service under paragraph 30 must be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings.

32

Any person upon whom notice is served under paragraph 30 and any other person claiming to be the owner of, or otherwise to have an interest in, goods to which an application under this section relates is entitled to appear at the hearing of the application to show cause why the goods should not be forfeited.

33

The sheriff must not make an order following an application under paragraph 29—

• (a) if any person on whom notice is served under paragraph 30 does not appear, unless service of the notice on that person is proved; or

• (b) if no notice under paragraph 30 has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person.

34

An order under this section may be made only if the sheriff is satisfied that there has been a contravention in relation to those goods of a listed REACH provision.

35

The sheriff may infer for the purposes of this section that there has been a contravention of a listed REACH provision in relation to any goods if the sheriff is satisfied that any such provision has been contravened in relation to any goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

36

Where an order for the forfeiture of any goods is made following an application by the procurator-fiscal under paragraph 29, any person who appeared, or was entitled to appear, to show cause why goods should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995[^f00064] applies to an appeal under this section as it applies to a stated case under Part X of that Act.

37

An order following an application under paragraph 29 does not take effect—

• (a) until the end of the period of twenty-one days beginning with the day after the day on which the order is made; or

• (b) if an appeal is made under paragraph 36 within that period, until the appeal is determined or abandoned.

38

An order under paragraph 29 does not take effect—

• (a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995; or

• (b) if an appeal is made within that period, until the appeal is determined or abandoned.

39

Subject to paragraph 40, goods forfeited under this section must be destroyed in accordance with such directions as the sheriff may give.

40

The sheriff may direct that the goods be released, to such person as may be specified, on condition that that person does not supply those goods to any other person otherwise than as mentioned in section 46(7)(a) or (b) of the Consumer Protection Act 1987[^f00065].

PART 4 — The Secretary of State

SECTION 1 — Powers of entry

1

An authorised person may on producing evidence of that person’s appointment—

• (a) at any reasonable time (or, in a situation which in that person’s opinion may give rise to a risk of significant pollution to the environment as a result of the use or discharge from an offshore installation of an article or substance, at any time) board any offshore installation;

• (b) on boarding an offshore installation be accompanied by any other person authorised for those purposes by the Secretary of State and take any equipment or materials that the authorised person thinks may be required;

• (c) make such examination or investigation as the authorised person considers necessary (including any examination or investigation of an offshore installation, for which purpose the authorised person may install or maintain monitoring or other apparatus on the offshore installation);

• (d) give a direction requiring that any part of the offshore installation be left undisturbed (whether generally or in particular respects) for so long as reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c);

• (e) take such measurements and photographs and make such recordings as the authorised person considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

• (f) take samples of any thing found on the offshore installation or in the atmosphere or any land, seabed (including the subsoil thereof) or water in the vicinity of the offshore installation;

• (g) in the case of any thing which the authorised person finds on the offshore installation, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that in the circumstances of the case is necessary);

• (h) in the case of any such thing mentioned in sub-paragraph (g), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

• (i) to examine it and do to it anything which the authorised person has power to do under that sub-paragraph;

• (ii) to ensure that it is not tampered with before an examination of it is completed; and

• (iii) to ensure that it is available for use as evidence in any proceedings for an offence under regulation 11 or 13;

• (i) require any person who the authorised person has reasonable cause to believe is able to give any information relevant to any examination or investigation under sub-paragraph (c)—

• (i) to attend at a place and time specified by the authorised person;

• (ii) to answer (in the absence of any person other than persons whom the authorised person may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the authorised person thinks fit to ask; and

• (iii) to sign a declaration of truth of that person’s answers;

• (j) require the production of, and inspect and take copies of or of any entry in—

• (i) any records which by virtue of any provision of any permit granted under the Offshore Chemicals Regulations 2002[^f00066] are required to be kept;

• (ii) any records which the authorised person considers it necessary to see for the purposes of any examination or investigation under sub-paragraph (c);

• (k) require any person to afford the authorised person 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 the authorised person considers are necessary to enable the authorised person to exercise any of the powers conferred on the authorised person by this Part.

SECTION 2 — Notices

2

An authorised person may serve on a person a notice in writing (“an enforcement notice”) if the authorised person is of the opinion that the person has contravened, is contravening or is likely to contravene a listed REACH provision.

3

An enforcement notice must—

• (a) state that the authorised person is of the opinion referred to in the preceding paragraph;

• (b) specify the matters that constitute, constituted or, as the case may be, are likely to constitute the contravention;

• (c) specify the steps that must be taken to remedy or, as the case may be, prevent the contravention; and

• (d) specify the period within which those steps must be taken.

4

The steps mentioned in paragraph 3(c) include steps that must be taken to remedy any pollution caused by the contravention.

5

Where a person to whom an enforcement notice is addressed has failed to take the action required by it within such time as may be specified by it and such a notice has not been revoked, the Secretary of State may undertake any action so required and the reasonable costs and expenses of the Secretary of State’s so doing are recoverable as a debt from that person.

6

A person to whom an enforcement notice is addressed must afford such assistance as the Secretary of State may reasonably require for the purpose of facilitating the exercise of any powers conferred on the Secretary of State by paragraph 5.

7

An authorised person may revoke an enforcement notice.

8

An authorised person may serve on a person a notice in writing (“a prohibition notice”) if the authorised person is of the opinion that where the person has contravened, is contravening or is likely to contravene a listed REACH provision, that contravention involves an imminent risk of pollution.

9

A prohibition notice must—

• (a) state that the authorised person is of the opinion referred to in the preceding paragraph;

• (b) specify the risk involved;

• (c) specify the steps that must be taken to remove it and the period within which they must be taken.

10

An authorised person may by notice withdraw a prohibition notice wholly or in part at any time and must withdraw a notice when the authorised person is satisfied that the steps required by the notice have been taken.

11

It is the duty of the person to whom the prohibition notice is addressed to comply with its terms save to the extent that it is withdrawn wholly or in part.

SECTION 3 — Miscellaneous

12

An answer given by a person in compliance with a requirement imposed under paragraph 1(i) is admissible in evidence in England and Wales or Northern Ireland against that person in any proceedings or, in Scotland, against that person in criminal proceedings.

13

In criminal proceedings in which such person as is mentioned in paragraph 12 is charged with an offence to which this paragraph applies, no evidence relating to that person’s answer may be adduced and no question relating to it may be asked by or on behalf of the prosecution unless evidence relating to it is adduced by or on behalf of that person.

14

Paragraph 13 applies to any offence other than one under—

• (a) regulation 18(1)(e)(ii) of the Offshore Chemicals Regulations 2002^f00067;

• (b) section 5 of the Perjury Act 1911^f00068;

• (c) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995^f00069; or

• (d) article 10 of the Perjury (Northern Ireland) Order 1979^f00070.

15

Nothing in this Part compels the production by any person of a document which—

• (a) except in relation to Scotland, that person would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the County Court or High Court; or

• (b) in relation to Scotland, contains confidential information made by or to an advocate or solicitor in that capacity and which that person would be entitled to withhold production on an order for the production of documents in an action in the Court of Session.

16

References in this Part to an “information notice” or a “prohibition notice” have effect only for the purposes of this Part.

SCHEDULE 7 — Authorisations

SECTION 1 — The Environment Agency , the Natural Resources Body for Wales and the Scottish Environment Protection Agency

1

In respect of the Environment Agency , the Natural Resources Body for Wales or the Scottish Environment Protection Agency, an authorisation made under section 108 of the Environment Act 1995^f00071.

SECTION 2 — The Department of the Environment

2

In respect of the Department of the Environment, an authorisation made under—

• (a) article 72 of the Waste and Contaminated Land (Northern Ireland) Order 1997^f00072;

• (b) article 25 of the Water (Northern Ireland) Order 1999^f00073; or

• (c) regulation 8 of the Pollution, Prevention and Control Regulations (Northern Ireland) 2003^f00074.

SECTION 3 — The Health and Safety Executive , the Office of Rail Regulation the Office of Rail and Road , the Office for Nuclear Regulation and local (health and safety) authorities in Great Britain

3

In respect of—

• (a) the Health and Safety Executive;...

• (b) a local (health and safety) authority in Great Britain, ...

• (c) the Office of Rail Regulation the Office of Rail and Road ,or

• (d) the Office for Nuclear Regulation.

an authorisation made under section 19 of the Health and Safety at Work etc. Act 1974^f00075.

SECTION 4 — The Health and Safety Executive for Northern Ireland and local (health and safety) authorities in Northern Ireland

4

In respect of—

• (a) the Health and Safety Executive for Northern Ireland; or

• (b) a local (health and safety) authority in Northern Ireland,

an authorisation made under article 21 of the Health and Safety at Work (Northern Ireland) Order 1978^f00076.

SECTION 5 — Local (consumer safety) authorities

5

In respect of—

• (a) a local (consumer safety) authority in Great Britain, an authorisation made under section 72 of the Weights and Measures Act 1985^f00077;

• (b) a local (consumer safety) authority in Northern Ireland, an authorisation made for the purposes of section 27(2) of the Consumer Protection Act 1987^f00078.

SECTION 6 — The Secretary of State

6

In respect of the Secretary of State, an authorisation made under regulation 16 of the Offshore Chemicals Regulations 2002^f00079.

SCHEDULE 8 — Appeals

PART 1 — Notices served by the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency or the Department of the Environment

1

The appeal body means, where the notice is served by—

• (a) the Environment Agency, the Secretary of State;

• (aa) the Natural Resources Body for Wales, the Welsh Ministers;

• (b) the Scottish Environment Protection Agency, the Scottish Ministers;

• (c) the Department of the Environment, the Planning Appeals Commission.

2

An appeal must be received by the appeal body no later than two months from the date of the notice.

3

The appeal body may consider an appeal received after the date referred to in paragraph 2.

4

Where an appeal is brought, this does not have the effect of suspending the operation of the notice.

5

On the determination of an appeal, the appeal body may either cancel 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.

6

In relation to the making and determination of appeals under this section, the appeal body may adopt such procedures as it sees fit.

PART 2 — Notices served by the Health and Safety Executive, the Health and Safety Executive for Northern Ireland , the Office for Nuclear Regulation or local (health and safety) authorities

1

An appeal may be made to a tribunal.

2

The Employment Tribunal Procedure Rules 2024 apply to a notice served in Great Britain by—

• (a) the Health and Safety Executive;

• (aa) the Office for Nuclear Regulation;

• (b) a local (health and safety) authority.

3

Under paragraph 2, an enforcement notice is to be treated in the same way as an improvement notice for the purposes of the 2024 Rules referred to.

4

Rule 102 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 applies to a notice served in Northern Ireland by—

• (a) the Health and Safety Executive for Northern Ireland;

• (b) a local (health and safety) authority.

5

Under paragraph 4, an enforcement notice is to be treated in the same way as an improvement notice for the purposes of Schedule 1 referred to.

6

The tribunal may cancel or affirm the notice and, if it affirms it, may do so in its original form or with such modifications as the tribunal may in the circumstances see fit.

7

In the case of an improvement notice, the bringing of the appeal has the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.

8

In the case of a prohibition notice or an enforcement notice, the bringing of the appeal has the same effect as described in paragraph 7 if, on the application of the appellant, the tribunal so directs and only from the giving of that direction.

9

One or more assessors may be appointed in respect of proceedings brought before a tribunal under this Part.

10

In this Part—

• (a) “assessor” has the same meaning as it has—

• (i) in Great Britain, under section 24 of the Health and Safety at Work etc. Act 1974[^f00082];

• (ii) in Northern Ireland, under article 26 of the Health and Safety at Work (Northern Ireland) Order 1978[^f00083];

• (b) “tribunal” means—

• (i) in Great Britain, an employment tribunal;

• (ii) in Northern Ireland, an industrial tribunal.

PART 3 — Notices served by local (consumer safety) authorities

1

An appeal may be brought by a person having an interest in any goods in respect of which a suspension notice is in force.

2

In England and Wales or Northern Ireland, an appeal may be made to a magistrates’ court and where proceedings have not been brought—

• (a) for an offence under regulation 11 or 13; or

• (b) for forfeiture of the goods under section 3 of Part 3 of Schedule 6;

the appeal may be brought by way of complaint to the court.

3

In Scotland, an appeal may be made to the sheriff by way of summary application.

4

A magistrates’ court must not make an order setting aside a suspension notice unless it is satisfied that there has been no contravention in relation to the goods of a listed REACH provision.

5

A sheriff must not make an order setting aside a suspension notice unless the sheriff is satisfied at the date of the order that proceedings—

• (a) for an offence under regulation 11 or 13; or

• (b) for forfeiture of the goods under section 3 of Part 3 of Schedule 6,

have not been brought or, having been brought, have been concluded.

6

A person aggrieved by an order made by a magistrates’ court under this Part or a decision not to make such an order, may appeal that order or decision—

• (a) in England and Wales, to the Crown Court;

• (b) in Northern Ireland, to the county court.

7

An order made by a magistrates’ court under this Part may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal under paragraph 6.

PART 4 — Notices served by the Secretary of State

1

An appeal may be made to the court.

2

An appeal must be brought within 28 days of the date of the notice.

3

Unless the court otherwise directs, an appeal does not have the effect of suspending the operation of the notice.

4

In this section, “the court” means, in respect of a notice that relates to—

• (a) the English area, the High Court;

• (b) the Scottish area, (excluding Scottish controlled waters), the Court of Session;

• (c) the Northern Irish area, the High Court in Northern Ireland.

5

Where a notice relates to more than one area referred to in paragraph 4, an appeal may be made to any of the courts with jurisdiction for the area or areas in question.

6

Reference in paragraph 4 to—

• “the English area”;

• “the Scottish area”;

• “the Northern Irish area”,

has the same meaning as it has in the Civil Jurisdiction (Offshore Activities) Order 1987[^f00084].

SCHEDULE 9 — Service of documents

1

The provisions of this Schedule apply to the service of a document except where a contrary provision applies under Schedule 6 (powers of enforcement).

2

A document must be in writing.

3

A document may be served on or given to a person by—

• (a) delivering it to that person in person;

• (b) leaving it at that person’s proper address, or

• (c) sending it by post or electronic means to that person’s proper address.

4

In the case of a body corporate, a document may be served on or given to the secretary or clerk of that body.

5

In the case of a partnership, a document may be served on or given to a partner or a person having control or management of the partnership business.

6

If a person to be served with or given a document has specified an address in the United Kingdom (other than that person’s proper address) at which that person or someone on that person’s behalf will accept documents of that description, that address must instead be treated as that person’s proper address.

7

For the purposes of this Schedule, “proper address” means—

• (a) in the case of a body corporate or their secretary or clerk—

• (i) the registered or principal office of that body, or

• (ii) the email address of the secretary or clerk;

• (b) in the case of a partnership or a partner or person having control or management of the partnership business—

• (i) the principal office of the partnership, or

• (ii) the email address of a partner or a person having that control or management;

• (c) in any other case, a person’s last known address, which includes an email address.

8

For the purposes of paragraph 7, the principal office of a company registered outside the United Kingdom or of a partnership established outside the United Kingdom is their principal office in the United Kingdom.

9

Where an enforcing authority specifies an electronic address for submission of a document, it may be submitted electronically to that address.

SCHEDULE 10 — Revocations and amendments

PART 1 — Revocations to Regulations that extend to the United Kingdom

Statutory Instrument Number	Citation	Extent of revocation	Dateof revocation
S.I. 2003/1511	The Creosote (Prohibition on Use and Marketing)(No. 2) Regulations 2003	The whole instrument.	1st June 2009
S.I. 2003/2650	The Creosote (Prohibition on Use and Marketing)(No. 2) Amendment Regulations 2003	The whole instrument.	1st June 2009
S.I. 2005/2001	The Dangerous Substances and Preparations (Nickel) (Safety) Regulations 2005	The whole instrument.	1st June 2009
S.I. 2003/3310	The Controls on Certain Azo Dyes and “Blue Colourant” Regulations 2003	The whole instrument.	1st June 2009
S.I. 2004/2913	The Controls on Certain Azo Dyes and “Blue Colourant” (Amendment) Regulations 2004	The whole instrument.	1st June 2009
S.I. 2006/2916	The Dangerous Substances and Preparations (Safety) Regulations 2006	The whole instrument.	1st June 2009
S.I. 2006/3311	The Controls on Dangerous Substances and Preparations Regulations 2006	The whole instrument.	1st June 2009
S.I. 2007/386	The Dangerous Substances and Preparations (Safety)(Amendment) Regulations 2007	The whole instrument.	1st June 2009
S.I. 2007/1596	The Controls on Dangerous Substances and Preparations (Amendment) Regulations 2007	The whole instrument.	1st June 2009
S.I. 2007/3438	The Controls on Dangerous Substances and Preparations (Amendment)(No. 2) Regulations 2007	The whole instrument.	1st June 2009

PART 2 — Revocations to Regulations that extend to Great Britain

Statutory Instrument Number	Citation	Extent of revocation	Dateof revocation
S.I.1993/3050	The Notification of New Substances Regulations 1993	The whole instrument.	1st December 2008
S.I. 1994/1806	The Notification of Existing Substances (Enforcement) Regulations 1994	The whole instrument.	1st December 2008
S.I. 1996/1373	The Notification of Existing Substances (Enforcement) (Amendment) Regulations 1996	The whole instrument.	1st December 2008
S.I. 2001/1055	The Notification of New Substances (Amendment) Regulations 2001	The whole instrument.	1st December 2008
S.I. 2002/1689	The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002	In regulation 8, paragraphs (4), (5) and (6).	1st June 2009
S.I. 2002/1689	The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002	Regulation 12(1)(d).Schedule 4.	1st December 2008
S.I. 2002/2176	The Notification of New Substances (Amendment) Regulations 2002	The whole instrument.	1st December 2008
S.I. 2002/2677	The Control of Substances Hazardous to Health Regulations 2002	Regulation 4(4).In Schedule 2, entries numbered 11, 12 and 13.	1st June 2009
S.I. 2004/3386	The Control of Substances Hazardous to Health (Amendment) Regulations 2004	Regulation 2(g).	1st June 2009
S.I. 2005/2571	The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005	Regulation 2(3).	1st December 2008
S.I. 2006/2739	The Control of Asbestos Regulations 2006	Regulations 25(3), 27, 28, 29 and 32(2).	1st June 2009
S.I. 2008/736	The Health and Safety (Fees) Regulations 2008	Regulation 14 and Schedule 11.	1st December 2008

PART 3 — Amendments to Regulations that extend to Great Britain

The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Control of Substances Hazardous to Health Regulations 2002

5

The Control of Substances Hazardous to Health Regulations 2002[^f00087] are amended as follows on 1st June 2009.

6

Omit paragraph (2)(a) of regulation 4 (prohibitions relating to certain substances).

The Control of Asbestos Regulations 2006

7

The Control of Asbestos Regulations 2006[^f00088] are amended as follows on 1st June 2009.

8

In paragraph (1) of regulation 25 (interpretation of prohibitions) omit the definitions of “asbestos cement” and “use”.

9

In paragraph (1) of regulation 32 (exemption certificates ) omit “to (7) and 27” and substitute “and (7)”.

10

In regulation 33 (exemptions relating to the Ministry of Defence) omit “all or any of the prohibitions” and substitute “the prohibition”.

11

In paragraph (2) of regulation 35 (existing licences and exemption certificates) omit the reference to regulation 32(2).

PART 4 — Revocations to Statutory Rules of Northern Ireland

Statutory Rule Number	Citation	Extent of revocation	Dateof revocation
S.R. (NI) 1994 No 6	The Notification of New Substances Regulations (Northern Ireland) 1994	The whole instrument.	1st December 2008
S.R. (NI) 2002 No 301	The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002	In regulation 8, paragraphs (4), (5) and (6).	1st June 2009
S.R. (NI) 2002 No 301	The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002	Regulation 12(1)(d).Schedule 4.	1st December 2008
S.R. (NI) 2003 No 34	The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003	Regulation 4(3).In Schedule 2, entries numbered 11, 12 and 13.	1st June 2009
S.R. (NI) 2003 No 36	The Notification of New Substances (Amendment) Regulations (Northern Ireland) 2003	The whole instrument.	1st December 2008
S.R. (NI) 2004 No 76	The Marketing and Use of Dangerous Substances Regulations (Northern Ireland) 2004	The whole instrument.	1st June 2009
S.R. (NI) 2005 No 165	The Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 2005	Regulation 3(g).	1st June 2009
S.R. (NI) 2005 No 463	The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2005	Regulation 2(3).	1st December 2008
S.R. (NI) 2007 No 31	The Control of Asbestos Regulations (Northern Ireland) 2007	Regulations 25(3), 27, 28 and 31(2).	1st June 2009
S.R. (NI) 2008 No 21	The Health and Safety (Fees) Regulations (Northern Ireland) 2008	Regulation 8 and Schedule 6.	1st December 2008

PART 5 — Amendments to Statutory Rules of Northern Ireland

The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

5

The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003[^f00091] are amended as follows on 1st June 2009.

6

Omit paragraph (2)(a) of regulation 4 (prohibitions relating to certain substances).

The Control of Asbestos Regulations (Northern Ireland) 2007

7

The Control of Asbestos Regulations (Northern Ireland) 2007[^f00092] are amended as follows on 1st June 2009.

8

In paragraph (1) of regulation 25 (interpretation of prohibitions) omit the definitions of “asbestos cement” and “use”.

9

In regulation 32 (exemptions relating to the Ministry of Defence) omit “all or any of the prohibitions” and substitute “the prohibition”.

10

In paragraph (2) of regulation 34 (existing licences and exemption certificates) omit the reference to regulation 31(2).

Signed

Huw Irranca-Davies — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 2008-11-01

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations apply to the United Kingdom and provide for the enforcement of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)(OJ No L 396, 30.12.2006, p1).

Under regulation 2, the enforcing authorities are: (a) the Department of the Environment (b) the Environment Agency (c) the Health and Safety Executive (d) the Health and Safety Executive for Northern Ireland (e) a local (consumer safety) authority (f) a local (health and safety) authority (g) the Scottish Environment Protection Agency and (h) the Secretary of State.

Regulation 3 imposes enforcement duties on enforcing authorities to enforce those provisions of REACH listed in Schedule 1.

Regulation 4 requires enforcing authorities to cooperate and share information with other bodies connected to REACH enforcement and provides for information sharing by the Commissioners for Revenue and Customs.

Regulation 5 provides for agreements between enforcing authorities under which one authority may act on behalf of another authority.

Regulation 6 provides for arrangements between enforcing authorities responsible for the enforcement of health and safety aspects of REACH.

Regulation 7 provides for defence exemption certificates.

Regulation 8 makes provision for an exemption from Article 67 of REACH for the marketing and use of leaded paint.

Regulation 9 provides for the powers of enforcing authorities as set out in Schedule 6 and regulation 10 provides for those persons authorised to act as authorised persons for those authorities.

Regulation 11 creates criminal offences and regulation 12 provides for penalties in respect of those offences. Further criminal offences are created under regulation 13 and penalties in respect of those offences are set out in regulation 14.

Regulation 15 provides for the liability of corporate bodies.

Under regulation 16 a court may require persons convicted of an offence under these Regulations to remedy those matters for which they were convicted.

Under regulation 17 persons authorised by the Health and Safety Executive or the Health and Safety Executive for Northern Ireland may, except in Scotland, prosecute an offence under these Regulations.

Regulation 18 provides that no criminal proceedings for an offence under these Regulations may be instituted in England and Wales except by an enforcing authority or by or with the consent of the Director of Public Prosecutions and in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Regulation 19 provides that the Crown will not be criminally liable for any contravention of these Regulations.

Under regulation 20 enforcing authorities may institute civil proceedings against a person where criminal proceedings are unlikely to result in an effective remedy.

Regulation 21 provides for appeals against notices issued by enforcing authorities.

Regulation 22 and Schedule 9 provide for service of documents.

Regulation 23 and Schedule 10, provide for revocations and amendments of enactments.

Schedule 1 contains a table listing provisions of REACH which enforcing authorities must enforce. Schedule 2 sets out the functions of enforcing authorities.

Schedule 3 provides for arrangements between enforcing authorities responsible for the enforcement of health and safety aspects of REACH.

Schedule 4 provides for matters in connection with defence exemption certificates.

Schedule 5 provides for matters in relation to leaded paint.

Schedule 6 sets out the powers of enforcing authorities.

Schedule 7 sets out those provisions under other enactments which enable a person to act as an authorised person of an enforcing authority under these Regulations.

Schedule 8 contains provisions relating to appeals against notices issued by enforcing authorities.

Schedule 9 contains provisions concerning service of documents.

Schedule 10 lists enactments amended or revoked under these Regulations.

A transposition note and an Impact Assessment of the effect of this instrument on the costs to business have been prepared. They may be obtained from the Chemicals and Nanotechnology team, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and at www.defra.gov.uk. Copies have been placed in the library of each House of Parliament.

Footnotes

[^f00001]: S.I. 2006/608.

[^f00002]: 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).

[^f00004]: The appointment of the competent authorities, except in relation to Scotland, was made under S.I. 2007/1742. By administrative arrangements, the competent authorities have delegated the Health and Safety Executive to act on their behalf.

[^f00005]: 1972 c.9 as amended by S.I. 1985/454.

[^f00006]: 1994 c.39.

[^f00009]: 1974 c. 37; section 25A was inserted by section 36 and Schedule 3, paragraph 3 of the Consumer Protection Act 1987 (c. 43).

[^f00016]: S.I. 2002/2665.

[^f00017]: 1986 c.44.

[^f00018]: 1996 No. 275 (N.I. 2).

[^f00019]: S.R. (NI) 1997 No 194.

[^f00020]: 1954 c.70.

[^f00024]: S.I. 1999/2024 to which there are amendments not relevant to these Regulations.

[^f00025]: S.R. (NI) 2006 No 205.

[^f00027]: 1984 c.54.

[^f00028]: 1966 c.36.

[^f00029]: S.I. 1998/2451.

[^f00030]: S.R. (NI) 1997 No 194.

[^f00031]: 1981 c.37.

[^f00032]: 1972 c.7 (N.I.); section 12(1) was amended by S.I. 1994/1891 (N.I. 6) article 14.

[^f00033]: 1984 c.24; relevant amending instruments are S.I. 1996/1496, 1998/811 and 2007/3101.

[^f00039]: S.I. 1996/825.

[^f00040]: S.R. (NI) 1997 No 193.

[^f00044]: 1994 c.39.

[^f00045]: Section 327 of the Greater London Authority Act 1999 (c. 29) provides for the abolition of the office of Receiver but an order to do so under that section has not yet been made.

[^f00046]: 2004 c.21.

[^f00048]: 1964 c.5 .

[^f00049]: 1952 c.67.

[^f00050]: 1972 c.9 as amended by S.I. 1985/454.

[^f00051]: 2000 c.32.

[^f00052]: 2006/1254 (N.I. 9).

[^f00053]: 1987 c.53.

[^f00054]: 1990 c.9.

[^f00055]: 1997 c.9.

[^f00056]: S.I.1991/1220 (N.I.11).

[^f00057]: 1979 c.46.

[^f00058]: S.I.1995/1625 (N.I.9).

[^f00059]: 1954 c.32.

[^f00061]: 1979 c.2.

[^f00062]: 1980 c.43.

[^f00063]: S.I. 1981/1675 (N.I. 26).

[^f00064]: 1995 c.46.

[^f00065]: 1987 c.43.

[^f00066]: S.I. 2002/1355.

[^f00067]: S.I. 2002/1355.

[^f00068]: 1911 c.6.

[^f00069]: 1995 c.39.

[^f00070]: S.I. 1979/1714 (N.I. 19).

[^f00071]: 1995 c.25.

[^f00072]: S.I. 1997/2778 (N.I. 19).

[^f00073]: S.I. 1999/662 (N.I. 6).

[^f00074]: S.R. (NI) 2003 No. 46.

[^f00075]: 1974 c.37.

[^f00076]: S.I. 1978/1039 (N.I. 9).

[^f00077]: 1985 c.72.

[^f00078]: 1987 c.43.

[^f00079]: S.I. 2002/1355.

[^f00082]: 1974 c.37.

[^f00083]: 1978 No.1039 (NI. 9).

[^f00084]: S.I. 1987/2197.

[^f00087]: S.I. 2002/2677.

[^f00088]: S.I. 2006/2739.

[^f00091]: S.R. (NI) 2003 No 34.

[^f00092]: S.R. (NI) 2007 No 31.

Editorial notes

[^key-e581e6b8e20c1b8c22750fbed220ff25]: Words in reg. 2(2) substituted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 10(a)

[^key-c8e5696753ec28e56cb8685d1cec38fd]: Words in reg. 2(2) inserted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 10(b)

[^key-75b2f5f11ff68d9dee0a2f57ae39ba34]: Words in reg. 2(2) inserted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 10(c)

[^key-b8e5ce9913bc5c78c8b4c23bb0c8480c]: Words in reg. 2(2) substituted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 10(d)

[^key-da8b9e24cb852e15ab38e1ad635c623b]: Words in Sch. 3 Pt. 3 para. 5(c) inserted (16.1.2012) by The Local Policing Bodies (Consequential Amendments) Regulations 2011 (S.I. 2011/3058), regs. 1(2), 24(2)

[^M_F_6c7319c9-6e3a-4946-ca5b-f039c704265d]: Words in Sch. 3 Pt 3 para. 2(b) substituted (06.04.2012) by The Control of Asbestos Regulations 2012 (S.I. 2012/632), Sch 3

[^key-1fe18afcc5c7051f2261215e3fa4c627]: Words in Sch. 1 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 305(2), (3)(a) (with Sch. 7)

[^key-d4aaa827f2334c5643019c52285302b9]: Words in Sch. 1 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 305(2), (3)(b) (with Sch. 7)

[^key-cc1a7f5d8b6c0994df08d01b4fdc02f8]: Words in Sch. 1 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 305(2), (3)(c) (with Sch. 7)

[^key-8bcd1a9196c4590b67f95f192af8ab34]: Words in Sch. 1 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 305(2), (3)(d) (with Sch. 7)

[^key-df2b3982485fce8c460dfabed23f32c9]: Words in Sch. 1 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 305(2), (3)(e) (with Sch. 7)

[^key-afeab6d1dda8d7f53da77f8d583a84e3]: Words in Sch. 1 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 305(2), (3)(f) (with Sch. 7)