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Regulation 15

SCHEDULE 1 Qualifications

PART 1

1.  City & Guilds Certificate in Handling Refrigerants Scheme 2078.

2.  Construction Industry Training Board Safe Handling of Refrigerants Reference 206710.

PART 2

3.  An in-house qualification.

4.  Automotive Technician Accreditation – Air Conditioning Refrigerant Handler.

5.  Automotive Technician Accreditation – Air Conditioning Service Technician.

6.  Automotive Technician Accreditation – Air Conditioning Diagnostic Technician.

7.  Automotive Technician Accreditation – Senior Mechanical Electrical Trim Technician.

8.  City & Guilds 5101–01 Certificate in Refrigerant Handling for Mobile Air Conditioning Systems.

9.  City & Guilds 5101–02 Certificate in Servicing Mobile Air Conditioning Systems.

10.  City & Guilds 5101–03 Certificate in Advanced Diagnostics for Mobile Air Conditioning Systems.

11.  City & Guilds 5101–04 level 3 Certificate in Mobile Air Conditioning Systems.

12.  City & Guilds 5101 unit 301 Refrigerant Handling for Mobile Air Conditioning Systems.

13.  City & Guilds 4101–55 Certificate in Vehicle Maintenance and Repair (Air Conditioning and Climate Control).

14.  City & Guilds 4101 unit V87 Air conditioning and climate control systems.

15.  City & Guilds 4100–03 Level 3 Progression Award in Automotive Vehicle Servicing and Repair (Air Conditioning and Climate Control).

16.  City & Guilds 4100 Unit 7.

17.  Institute of the Motor Industry (IMI) level 3 unit–Refrigerant handing AC1.

18.  City & Guilds 3791–10 Automotive Air Conditioning –Part One.

19.  City & Guilds 3791–10 Automotive Air Conditioning –Part Two.

20.  City & Guilds 3791–10 Automotive Air Conditioning –Part Three.

21.  City & Guilds 6048–01 Motor Vehicle Air Conditioning (Service and Repair).

22.  City & Guilds 7543-01 Level 3 Award in Basic Mobile Air Conditioning Systems (QCA trial only).

23.  City & Guilds 7543-02 Level 3 Award in Diagnosis and Repair of Mobile Air Conditioning/Climate Control Systems (QCA trial only).

24.  Institute of the Motor Industry (IMI) level 3 Diploma in Automotive Air Conditioning and Climate Control.

25.  Institute of the Motor Industry (IMI) level 2 Vehicle Air Conditioning Technician.

Regulation 30(7)

SCHEDULE 2 Form of fixed penalty notice

The Fluorinated Greenhouse Gases Regulations 2008

Notice number:

Name of alleged offender:

Address:

I,          (1), an authorised person acting on behalf of _____(2), have reason to believe that on or between _________(3) you contravened __________________________________(4).

This notice offers you the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

The circumstances alleged to constitute the offence are as follows:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

No proceedings will be taken for this offence before the expiration of 28 days from the date of this notice. You will not be liable to conviction for the offence if you pay the fixed penalty during that period of 28 days.

The amount of the fixed penalty is £100.

It may be paid to_______________________________________________________________(5)

at the following address: (6)

______________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________

Payment may be made by cash or by cheque, postal order or money order payable to ______________________________________________________________________________(5)

If you are sending cash, you are advised to send it by registered post. Payment made in this way will be regarded as having been made at the time at which the letter would be delivered in the ordinary course of post. Alternatively, payment may be made in person or by any other method.

Signature of authorised person:______________________________________________________

Date of notice:___________________________________________________________________

Notes:

(1) Insert name of authorised person.

(2) Insert the enforcing authority by whom the person is authorised.

(3) Insert date on or dates between which the offence is alleged to have taken place.

(4) Insert the regulation of the Fluorinated Greenhouse Gases Regulations 2008 that is alleged to have been contravened.

(5) Insert title or name of person to whom the fixed penalty is to be paid.

(6) Insert address at which payment is to be made.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations give effect to Regulation (EC) No 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases (OJ L 161, 14.6.2006, p. 1) (“the Council Regulation”). The term “fluorinated greenhouse gases” is defined in Article 2(1) of the Council Regulation.

The Regulations extend to England, Wales and Scotland. They also extend to Northern Ireland for the purposes of importation. The Regulations apply to offshore installations. (The term “offshore installations” is defined in regulation 2(6)).

The main provisions of the Regulations are as follows.

Regulation 3 appoints the Secretary of State as the competent authority for the purposes of the Council Regulation.

Part 2 of the Regulations (regulations 4 to 13) contains provisions which create offences for breaches of the provisions of the Council Regulation. Regulations 4 to 7 create a number of offences for failure to comply with the provisions of the Council Regulation relating to the operation of certain equipment containing fluorinated greenhouse gases and the recovery of such gases. Regulation 8 makes it an offence not to comply with the reporting requirements contained in Article 6 of the Council Regulation. Regulation 9 contains provisions about the information concerning fluorinated greenhouse gases which must be included in instruction manuals relating to certain equipment placed on the market. (The term “placing on the market” is defined in regulation 2(1)). Regulation 10 makes it an offence to use sulphur hexafluoride contrary to Article 8 of the Council Regulation. Regulations 11 to 13 are concerned with unlawful placing on the market and importation.

Part 3 of the Regulations (regulations 14 to 20) and Schedule 1 prescribe the qualifications which are required in order to carry out certain work involving equipment containing fluorinated greenhouse gases or the recovery of such gases. It is an offence to carry out such work without the requisite qualification. However, by virtue of regulation 20, a person can carry out such work without the requisite qualification if he does so under the supervision of a person who has the requisite qualification. Regulation 18 makes it an offence for an employer to fail to ensure that his employees are properly qualified. Regulation 19 contains provisions relating to the training of employees by their employers.

Part 4 of the Regulations (regulations 21 to 32) contains provisions relating to enforcement, offences and penalties. Regulations 21 and 22 relate to the appointment, and powers, of persons to enforce the Regulations. Such persons are appointed by the enforcing authority. (The term “enforcing authority” is defined in regulation 2(3).)

Regulations 24 and 25 are concerned with enforcement and prohibition notices and appeals against such notices. A number of miscellaneous offences are created by regulation 27. Regulation 29 sets out the penalties to which a person is liable if that person commits an offence.

Regulation 30 contains provisions enabling a penalty notice to be issued in respect of an offence under regulation 4 relating to certain equipment in a dwelling house. The payment of the penalty in accordance with the regulation will discharge the liability to conviction for the offence. The form of the penalty notice is set out in Schedule 2.

Regulation 31 confers a power on the Secretary of State to require the disposal of products or equipment containing fluorinated greenhouse gases unlawfully imported or their removal from the United Kingdom or an offshore installation.

Regulation 32 provides who is to enforce the Regulations.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Department for Environment, Food and Rural Affairs, Global Atmosphere Division, Area 3F, Ergon House c/o 17, Smith Square, London, SW1P 3JR. A copy has been placed in the library of each House of Parliament.