SCHEDULE 9 continued PART 4
1. An authorised person may purchase any article or substance to determine whether or not the provisions referred to in regulation 18(1) have been complied with and may carry out such tests and examinations on the article or substance in order to do so.
2. An enforcing authority must comply with paragraph 3 if—
(a) it has acquired any article or substance under the provisions of this Schedule; and
(b) it commences, or causes to be commenced, any proceedings under these Regulations by reason of tests and examinations on such article or substance.
3. Where paragraph 2 applies, an enforcing authority must if requested to do so, and if it is practicable in the circumstances, allow—
(a) a person who is a party to the proceedings; and
(b) any other person with an interest in the article or substance,
to have that article or substance tested.
4. An article or substance includes a listed product or any part of it.
1. The enforcing authority may, by 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.
2. If the enforcing authority is of the opinion that a person has contravened, is contravening or is likely to contravene the provisions referred to in regulation 18(1), the enforcing authority may serve on him a notice (an “enforcement notice”).
3. An enforcement notice must—
(a) state that the enforcing authority is of that opinion;
(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.
4. An enforcement notice may require that a listed product, or elements of it, is withdrawn from the market or from service.
5. The enforcing authority may withdraw an enforcement notice at any time.
6. If a person fails to comply with an enforcement notice, the enforcing authority may do what that person was required to do and may recover from him any expenses reasonably incurred in doing so.
Regulation 28
| Statutory Instrument Number | Citation | Extent of revocation |
|---|---|---|
| S.I. 1993/3083 | The Boiler (Efficiency) Regulations 1993 | All |
| S.I. 1994/3083 | The Boiler (Efficiency) (Amendment) Regulations 1994 | All |
| S.I. 1997/1941 | The Energy Efficiency (Refrigerators and Freezers) Regulations 1997 | All |
| S.I. 2001/3142 | The Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001 | Regulation 11 |
| S.I. 2001/3316 | The Energy Efficiency (Ballasts for Fluorescent Lighting) Regulations 2001 | All |
| S.I. 2006/170 | The Boiler (Efficiency) (Amendment) Regulations 2006 | All |
(This note is not part of the Regulations)
These Regulations implement requirements of Directive 2005/32/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-using products (O.J. No. L191, 22.7.2005, p. 29).
Regulation 3 provides that a product listed in Schedule 1 to these Regulations may not be put on the market unless it conforms to the product requirements set out in Schedule 2.
Regulation 4 requires a manufacturer of a listed product to assess that the product conforms to the product requirements, provides for the conformity assessment procedures in Schedules 4 to 6 and provides for affixing the CE conformity marking. Regulation 5 imposes similar requirements on authorised representatives and on importers of listed products.
Regulation 6 provides that the restriction in regulation 3 does not apply to certain displays of listed products.
Regulation 7 sets out presumptions in relation to a listed product.
Regulation 8 sets out requirements on a manufacturer, authorised representative or importer of a listed product if they become aware that a listed product they have put on the market does not conform to the product requirements.
Regulation 9 prohibits affixing markings on listed products that may mislead a person to believe they conform to the product requirements.
Regulation 10 provides for the documentation that a manufacturer, authorised representative or importer of a listed product must keep.
Regulation 11 provides for the criteria to be met by, and the approval of, notified bodies. Regulation 12 sets out the function of notified bodies and regulation 13 their obligations and powers in performing that function. Regulation 14 provides for notified bodies to charge fees.
Regulation 15 provides for appeals against non-conformity notices given by notified bodies and regulation 16 for procedures after such notices are given.
Regulation 17 sets out the information to be shared between notified bodies.
Regulation 18 provides for the enforcement of provisions of these Regulations by enforcing authorities. These are defined in regulation 2 as local weights and measures authorities in England and Wales and Scotland and the Department of Enterprise, Trade and Investment in Northern Ireland.
Regulation 19 provides for enforcing authorities to take civil proceedings and regulation 20 provides for the powers of enforcement of enforcing authorities as set out in Schedule 9.
Regulation 21 provides for appeals against enforcement notices and regulation 22 for procedures after such notices are given.
Regulations 23 and 24 set out offences and penalties, regulation 25 provides for the commencement of summary proceedings, regulation 26 sets out matters in relation to offences by persons involved with corporate bodies and regulation 27 allows a court to make a remediation order in respect of a person convicted of an offence under these Regulations.
Regulation 28 provides for revocation of existing instruments as listed in Schedule 10.
Schedule 1 defines listed products.
Schedule 2 sets out the product requirements for listed products, Schedule 3 sets out the various conformity assessment procedures that apply to listed products and Schedule 4 sets out the modules of conformity assessment.
Schedule 5 sets out matters relating to the declaration of conformity and Schedule 6 provides for the affixing of the CE conformity marking.
Schedule 7 sets out the criteria to be met by notified bodies.
Schedule 8 provides for matters in relation to appeals against non-conformity notices and enforcement notices.
Schedule 9 provides for the powers of enforcing authorities.
Schedule 10 lists the instruments revoked.
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 Environment, Business and Consumers Division, Department for Environment, Food and Rural Affairs, 5th Floor, Ergon House, Horseferry Road, London SW1P 2AL and at www.defra.gov.uk/environment/consumerprod/pdf/energy-products-regs-guide.pdf. Copies have been placed in the library of each House of Parliament.