Statutory Instrument 2001 No. 3142

The Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001

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© Crown Copyright 2001

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"the Refrigerators and Freezers Regulations" means the Energy Information (Refrigerators and Freezers) Regulations 1994 [4];

"the Washing Machines Regulations" means the Energy Information (Washing Machines) Regulations 1996[5];

"the Tumble Driers Regulations" means the Energy Information (Tumble Driers) Regulations 1996[6];

"the Combined Washer-driers Regulations" means the Energy Information (Combined Washer-driers) Regulations 1997[7];

"the Dishwashers Regulations" means the Energy Information (Dishwashers) Regulations 1999[8]; and

"the Lamps Regulations" means the Energy Information (Lamps) Regulations 1999[9].

" which are technical specifications (European standards or harmonisation documents) adopted by the European Committee of Electrotechnical Standardisation ("CENELEC") on the basis of - 
(i) a mandate from the Commission in accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations[10], as last amended by Directive 98/48/EC of the European Parliament and the Council[11]; and

(ii) the general guidelines for co-operation between the Commission, CENELEC and the European Committee for Standardisation signed on 13 November 1984.".

    (3) For regulation 4(1) (suppliers' duty in respect of labels), substitute - 

    " (1) A supplier of an appliance shall supply free of charge to a dealer a label in respect of the applicance which complies with paragraph (2).".

    (4) For regulation 7 (suppliers to be responsible for accuracy of labels and information notices), substitute - 

    " 7. The supplier (and no other person) shall be responsible for the accuracy of the information given on a label or in an information notice.".

    (5) In regulation 9 (dealers' duty in respect of displayed appliances), for the words from "Subject" to "end-users", substitute "A dealer who displays or offers for sale an appliance".

    (6) Omit regulations 10 (dealers' duty in respect of information notices) and 11 (extent of dealers' duties under regulations 9 and 10).

Refrigerators and Freezers, Washing Machines, Tumble Driers and Combined Washer-driers - offences, enforcement, etc.
     4.  - (1) Schedule 6 to the Refrigerators and Freezers Regulations and Schedule 5 to the Washing Machines Regulations, the Tumble Driers Regulations and the Combined Washer-driers Regulations are amended as follows - 

    (2) Omit - 

(a) in paragraph 1(1), "regulation 10 (dealers' duty in respect of information notices);";

(b) sub-paragraphs (2) to (4) of paragraph 2;

(c) in paragraph 3(2), "Subject to sub-paragraphs (3) to (5)";

(d) sub-paragraphs (3) to (5) of paragraph 3;

(e) paragraphs 6, 7 and 8;

(f) the word "and" preceding, and the whole of, sub-paragraph (3)(j) of paragraph 15;

(g) sub-paragraph (5)(f) of paragraph 15; and

(h) paragraph 19.

Washing Machines, Tumble Driers and Combined Washer-driers
     5. The Washing Machines Regulations, the Tumble Driers Regulations and the Combined Washer-driers Regulations are amended in regulation 12 (printed communications), by omitting - 

"(but not an advertisement or short printed list of appliances),"

Refrigerators and Freezers and Tumble Driers
     6. Regulation 2 (interpretation) of the Refrigerators and Freezers Regulations and the Tumble Driers Regulations is amended by inserting, after the definition of "the Directives" - 

" "enforcement action" means the instituting of proceedings (whether criminal or otherwise) for failing to observe or comply with these Regulations;".

Refrigerators and Freezers and Combined Washer-driers
     7. For paragraph 1(3) of Schedule 6 to the Refrigerators and Freezers Regulations and Schedule 5 to the Combined Washer-driers Regulations, substitute - 

    " (3) A person guilty of any other offence specified in sub-paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.".

Dishwashers
     8.  - (1) The Dishwashers Regulations are amended as follows - 

    (2) In regulation 10 (information in respect of mail order and other distance sales), omit - 

"(but not an advertisement or short printed list of dishwashers)".

    (3) In Schedule 5 (offences, enforcement and other matters), there shall be omitted - 

(a) the words "Subject to sub-paragraphs (3) to (5)" in sub-paragraph (2) of paragraph 3;

(b) sub-paragraphs (3) to (5) of paragraph 3;

(c) paragraph 16.

Lamps
     9. Schedule 4 (offences, enforcement and other matters) to the Lamps Regulations is amended by omitting paragraph 16.

Refrigerators and Freezers
     10. Schedule 6 (offences, enforcement and other matters) to the Refrigerators and Freezers Regulations is amended by substituting, for paragraph 1(2) - 

    " (2) A person guilty of the offence of contravening paragraph 15(1) shall be liable, on summary conviction, to a fine not exceeding the statutory maximum, and on conviction on indictment, to a fine.".

    " (2) For the purposes of these Regulations compliance with an equivalent requirement of the legislation of another Member State constitutes sufficient compliance with the relevant requirement of these Regulations".

    (3) After regulation 9 (manufacturers' duties in respect of the manufacturing process), insert - 

" Breach of regulation 8 or 9
     9A. Breach of regulation 8 (suppliers' duties in respect of non-conforming appliances) or 9 (manufacturers' duties in respect of the manufacturing process) shall be actionable by civil proceedings.".

    (4) In regulation 10(4) (enforcement and offences) - 

(a) after "takes a decision" insert "to institute civil proceedings"; and

(b) for "amounts to or includes" substitute "may result in".

    (5) In Schedule 3 (offences, enforcement and other matters) - 

(a) for sub-paragraph (2) of paragraph 1 substitute - 

    " (2) A person guilty of the offence of contravening paragraph 15(1) shall be liable, on summary conviction, to a fine not exceeding the statutory maximum, and on conviction on indictment, to a fine.".

(b) Omit - 


(i) sub-paragraphs (2) to (4) of paragraph 2;

(ii) the words "Subject to sub-paragraphs (3) to (5)" in sub-paragraph (2) of paragraph 3;

(iii) sub-paragraphs (3) to (5) of paragraph 3;

(iv) paragraphs 6, 7 and 8;

(v) the word "and" preceding, and the whole of, sub-paragraph (3)(j) of paragraph 15;

(vi) sub-paragraph (5)(f) of paragraph 15; and

(vii) paragraph 19.

Signed by authority of the Secretary of State for Environment, Food and Rural Affairs


Michael Meacher
Minister of State, Department for Environment, Food and Rural Affairs

12th September 2001

[2] See S.I. 1992/1711.back

[3] See S.I. 2001/2555.back

[4] S.I. 1994/3076.back

[5] S.I. 1996/600; to which there are amendments not relevant to these Regulations.back

[6] S.I. 1996/601.back

[7] S.I. 1997/1624.back

[8] S.I. 1999/1676.back

[9] S.I. 1999/1517.back

[10] OJ No. L109.26.4.83, p. 8.back

[11] OJ No. L217 5.8.98. p. 18.back

[12] S.I. 1997/1941.back