The Ozone-Depleting Substances (Qualifications) Regulations 2009

Made: 4th February 2009

Laid before Parliament: 11th February 2009

Coming into force: 9th March 2009

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Citation, commencement and extent

1

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Interpretation

2

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Meaning of “competent”

3

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Meaning of “relevant work”

4

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Qualification and supervision

5

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Training

6

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Enforcement and authorised persons

7

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Powers of an authorised person

8

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Miscellaneous offences

9

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Corporate offences

10

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Penalties

11

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Revocations

12

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SCHEDULE 1 — Table of Minimum Qualifications

SCHEDULE 2 — British Pest Control Association Modules

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Signed

Phil Hunt — Minister of State — Department for Environment, Food and Rural Affairs — 2009-02-04

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations revoke and replace, with amendments, the Ozone Depleting Substances (Qualifications) Regulations 2006 (S.I. 2006/1510), as amended by the Ozone Depleting Substances (Qualifications) (Amendment) Regulations 2008 (S.I. 2008/97). The main changes are to extend the range of bodies responsible for enforcing the Regulations to include local authorities and port health authorities, and to amend the list of qualifications contained in Schedule 1.

These Regulations, which extend to England and Wales and Scotland, continue to give effect to the provisions in Articles 16.5 and 17.1, first paragraph, of Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer (OJ No L 244, 29.9.00, p 1).

These Regulations relate to minimum qualifications for those working on the recovery, recycling, reclamation or destruction of controlled substances and the prevention and minimising of leakages of controlled substances. The terms “controlled substances”, “recovery”, “recycling” and “reclamation” are defined in Article 2 of Regulation (EC) No 2037/2000.

Under regulation 5, it is an offence for a person to carry out relevant work involving controlled substances or work with methyl bromide unless that person is competent to do so. The terms “competent” and “relevant work” are defined in regulations 3 and 4 respectively. The term “work with methyl bromide” is defined in regulation 2. Details of the qualifications which a person needs in order to carry out certain types of relevant work are contained in the Table in Schedule 1.

Regulation 5 also contains provisions making it an offence for an employer to employ a person to carry out relevant work or work with methyl bromide unless that person is competent to do so. Provisions about training are contained in regulation 6.

Regulations 7 and 8 deal with the enforcement of these Regulations by authorised persons. Regulations 9 to 11 contain provisions relating to offences and penalties, and regulation 12 contains revocations.

A full regulatory impact assessment of the effect of the Ozone Depleting Substances (Qualifications) Regulations 2006 on the costs of business was prepared at the time those Regulations were made and is still considered to be accurate. No impact assessment has been produced for this instrument as no new impact on the costs of business is foreseen. Copies of the 2006 assessment can be obtained from the Department for Environment, Food and Rural Affairs, Atmospheric Quality and Industrial Pollution, Area 3F Ergon House c/o Nobel House, 17 Smith Square, London, SW1P 3JR. A copy of that assessment has been placed in the library of each House of Parliament.

Footnotes

[^f00001]: S.I. 2008/301. The power of the Secretary of State, as a Minister designated in relation to the environment, to make regulations which extend to Scotland remains exercisable by virtue of section 57(1) of the Scotland Act 1998 (c. 46).

[^f00002]: 1972 c. 68.

[^f00004]: Details can be obtained from the British Pest Control Association, 1 Gleneagles House, Vernon Gate, Derby DE1 1UP; telephone number: 0870 6092687; email: enquiry@bpca.org.uk; website: www.bpca.org.uk.

[^f00005]: 1995 c. 25.

[^f00006]: 1994 c. 39.

[^f00007]: 1984 c. 22.

[^f00008]: 1995 c. 46. Section 70 was amended by section 28 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (2007 asp 6).

[^f00009]: 1925 c. 86. Subsections (1) and (2) of section 33 were repealed by the Magistrates’ Courts Act 1952 (c. 55), section 132 and Schedule 6; subsection (3) was amended by the Courts Act 1971 (c. 23), section 56(1) and Schedule 8, part II, paragraph 19; subsection (4) was amended by the Courts Act 2003 (c. 39), section 109(1) and (3), Schedule 8, paragraph 71 and Schedule 10, and by the Magistrates’ Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 5; subsection (5) was repealed by the Magistrates’ Court Act 1952, section 132 and Schedule 6.

[^f00010]: 1980 c. 43. Sub-paragraph 2(a) was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 47, Schedule 1, paragraph 13, and was repealed by the Criminal Justice Act 2003 (c. 44), sections 41 and 332, Schedule 3, part 2, paragraph 51, sub-paragraphs (1), (13)(a), and Schedule 37, part 4 (with effect from a date to be appointed); paragraph 5 was repealed by the Criminal Justice Act 1991 (c. 53), sections 25(2) and 101(2) and Schedule 13; paragraph 6 was amended by the Criminal Justice Act 2003, section 41, Schedule 3, part 2, paragraph 51, sub-paragraphs (1) and (13)(b) (with effect from a date to be appointed).

[^f00011]: 1945 c. 15 (N.I.).

[^f00012]: S.I. 1981/1675 (N.I. 26).

[^f00013]: S.I. 2006/1510, amended by S.I. 2008/97.

[^f00014]: S.I. 2008/97.

[^f00015]: Details can be obtained from City & Guilds, 1 Giltspur Street, London, EC1A 9DD; telephone number: 020 7294 2800; email: automotiver@city and guilds.com; website: www.cityandguilds.com.

[^f00016]: Details can be obtained from CITB, Bircham Newton, Kings Lynn, Norfolk PE31 6RH; telephone number: 01485 577577; email: bes.enquiry@cskills.org; website: www.cskills.org.

[^f00017]: Details can be obtained from Fire Industry Association, Thames House, 29 Thames Street, Kingston Upon Thames, Surrey, KT1 1PH; telephone number: 020 8549 5855; email: info@fia.uk.com; website: www.fia.uk.com.

Editorial notes

[^key-ff520cc58b96fe94470868a6205bbc0c]: Regulations revoked (7.3.2015) by The Ozone-Depleting Substances Regulations 2015 (S.I. 2015/168), regs 1(2), 21(1)(a) (with regs. 1(3), 12(7))

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