Office of Public Sector Information
18.—(1) An enforcing authority must enforce—
(a) regulation 3 (restriction on listed products);
(b) regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);
(c) regulation 5 (authorised representatives and importers);
(d) regulation 8 (non-conformity);
(e) regulation 9 (misleading markings); and
(f) regulation 10 (documentation for inspection).
(2) In England and Wales and Scotland, the duty in paragraph (1) applies to the area of the enforcing authority.
(3) Proceedings for an offence shall be brought—
(a) in England and Wales and Northern Ireland, only by or on behalf of an enforcing authority;
(b) in Scotland, by the Procurator Fiscal.
19. If an enforcing authority is of the opinion that proceedings against a person for an offence under Part 6 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.
20.—(1) An enforcing authority and persons authorised for the purposes of paragraph (2) have the powers set out in Schedule 9.
(2) An enforcing authority may authorise in writing such persons who appear suitable to act on its behalf, subject to any limitations or conditions as the enforcing authority sees fit.
(3) Persons authorised by an enforcing authority in relation to the enforcement of local weights and measures or consumer protection are persons authorised under paragraph (2).
21.—(1) A person on whom an enforcement notice is served—
(a) may appeal against that notice to the appeal body; and
(b) must be informed of that right in the notice.
(2) The appeal body means—
(a) in England and Wales, the Secretary of State;
(b) in Scotland, the Scottish Ministers;
(c) in Northern Ireland, the Planning Appeals Commission.
(3) Schedule 8 has effect.
22.—(1) Paragraph (2) applies if an enforcing authority—
(a) serves an enforcement notice which has, or will have, the effect of restricting or prohibiting a listed product from being placed on the market; or
(b) intends to bring civil proceedings which, if the remedy sought by the enforcing authority is granted by the court, would have that effect.
(2) Where paragraph (1) applies, the enforcing authority must as soon as possible provide to the Secretary of State—
(a) a copy of the enforcement notice; or
(b) details of the civil proceedings it intends to bring.
(3) The Secretary of State must—
(a) inform the Commission; and
(b) the appropriate authorities in other member States,
of a notice or details of intended proceedings received under paragraph (2).
23.—(1) It is an offence—
(a) for a person to contravene—
(i) regulation 3 (restriction on listed products); or
(ii) regulation 9 (misleading markings);
(b) for a manufacturer to contravene regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);
(c) for an authorised representative or an importer of a listed product to contravene regulation 5 (authorised representatives and importers); or
(d) for a manufacturer, authorised representative or an importer of a listed product to contravene regulation 8 (non-conformity) or 10 (documentation for inspection),
or to cause or permit another person to do so.
(2) Any person guilty of an offence under paragraph (1) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
24.—(1) It is an offence for a person—
(a) intentionally to obstruct an authorised person in the exercise or performance of his powers or duties; or
(b) knowingly or recklessly to make a statement which is false or misleading in a material particular, where the statement is made in purported compliance with—
(i) any requirement imposed under the powers in Part 3 to Schedule 9; or
(ii) any notice given under Part 5 to Schedule 9.
(2) It is an offence for a person, without reasonable excuse, to fail to—
(a) comply with any requirement imposed under the powers in Part 3 to Schedule 9;
(b) provide facilities or assistance reasonably required by an authorised person under those powers; or
(c) comply with any notice given under Part 5 to Schedule 9;
(3) It is an offence for a person falsely to pretend to be an authorised person.
(4) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under Part 2 to Schedule 9.
25. An offence under these Regulations may be tried by summary proceedings if—
(a) in England and Wales, the information is laid;
(b) in Northern Ireland, the complaint is made;
(c) in Scotland, the proceedings are begun,
within twelve months from the date the offence is committed.
26.—(1) Where a body corporate commits an offence under these Regulations and it is proved that the offence—
(a) is committed with the consent or connivance of a relevant person, or
(b) is attributable to any neglect on his part,
that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
(2) In paragraph (1), “relevant person” means—
(a) a director, manager, secretary or other similar officer of the corporate body;
(b) in relation to a body corporate managed by its members, a member of that body performing managerial functions;
(c) in relation to a Scottish partnership, a partner;
(d) a person purporting to act as a person described within (a), (b) or (c).
27.—(1) This regulation applies to a person convicted of an offence under these Regulations.
(2) The court may specify in an order (“a remediation order”)—
(a) the steps that the convicted person must take to remedy any of the matters for which he has been convicted; and
(b) the period within which those steps must be taken.
(3) A period specified in a remediation order may be extended if an application is made to the court within that period.
(4) A convicted person does not continue to be liable under regulation 23 or 24 in respect of the matters covered by a remediation order.
(5) A remediation order may be made in addition to, or instead of, any other punishment.
The Ecodesign for Energy-using Products Regulations 2007