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Statutory Instruments

2008 No. 2852

Consumer Protection

Environmental Protection

Health And Safety

The REACH Enforcement Regulations 2008

Made

1st November 2008

Laid before Parliament

10th November 2008

Coming into force

1st December 2008

Contents

Go to Preamble

  1. PART 1

    Introduction

    1. 1. Citation and commencement

    2. 2. Interpretation

  2. PART 2

    Enforcement

    1. 3. Enforcement

    2. 4. Co-operation and information sharing

    3. 5. Enforcement agreements

    4. 6. Health and safety enforcement

  3. PART 3

    Exemptions

    1. 7. Defence

    2. 8. Marketing and use of leaded paint

  4. PART 4

    Enforcement powers and civil proceedings

    1. 9. Enforcement powers

    2. 10. Authorised persons

  5. PART 5

    Offences and penalties

    1. CHAPTER 1

      Offences and penalties in relation to a listed REACH provision and Schedules 4 and 5

      1. 11. Offences

      2. 12. Penalties

    2. CHAPTER 2

      Other offences and penalties

      1. 13. Offences

      2. 14. Penalties

    3. CHAPTER 3

      Bodies corporate, Scottish partnerships and remediation

      1. 15. Bodies corporate and Scottish partnerships

      2. 16. Power of court to order cause of offence to be remedied

    4. CHAPTER 4

      Matters in relation to criminal proceedings

      1. 17. Appearance of authorised persons before a court of summary jurisdiction

      2. 18. Criminal proceedings under regulation 11 or 13

      3. 19. Criminal proceedings against the Crown

    5. CHAPTER 5

      Civil Proceedings

      1. 20. Proceedings before a civil court

  6. PART 6

    Appeals against notices and service of documents

    1. 21. Appeals against notices

    2. 22. Service of documents

  7. PART 7

    Revocations and amendments

    1. 23. Revocations and amendments

    1. SCHEDULE 1

      Table of REACH provisions

    2. SCHEDULE 2

      Functions of enforcing authorities

    3. SCHEDULE 3

      Health and safety enforcement

      1. PART 1

        Definitions

      2. PART 2

        Local (health and safety) authorities

      3. PART 3

        The Executive

      4. PART 4

        Local (health and safety) authorities and the Executive

    4. SCHEDULE 4

      Defence exemption certificates

    5. SCHEDULE 5

      Marketing and use of leaded paints

      1. PART 1

        Permitted marketing and use

      2. PART 2

        Contents of a relevant declaration

      3. PART 3

        Contents of a notification

    6. SCHEDULE 6

      Powers of enforcement

      1. PART 1

        The Environment Agency, the Scottish Environment Protection Agency and the Department of the Environment

      2. Part 2

        The Health and Safety Executive, the Health and Safety Executive for Northern Ireland and local (health and safety) authorities

      3. PART 3

        Local (consumer safety) authorities

      4. PART 4

        The Secretary of State

    7. SCHEDULE 7

      Authorisations

    8. SCHEDULE 8

      Appeals

      1. PART 1

        Notices served by the Environment Agency, the Scottish Environment Protection Agency or the Department of the Environment

      2. PART 2

        Notices served by the Health and Safety Executive, the Health and Safety Executive for Northern Ireland or local (health and safety) authorities

      3. PART 3

        Notices served by local (consumer safety) authorities

      4. PART 4

        Notices served by the Secretary of State

    9. SCHEDULE 9

      Service of documents

    10. SCHEDULE 10

      Revocations and amendments

      1. PART 1

        Revocations to Regulations that extend to the United Kingdom

      2. PART 2

        Revocations to Regulations that extend to Great Britain

      3. PART 3

        Amendments to Regulations that extend to Great Britain

      4. PART 4

        Revocations to Statutory Rules of Northern Ireland

      5. PART 5

        Amendments to Statutory Rules of Northern Ireland

Go to Explanatory Note

The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to persistent organic pollutants, dangerous substances, preparations and chemicals, makes the following Regulations in exercise of the powers conferred by that section:

(1)

S.I. 2006/608. Back [1]

(2)

1972 c. 68. The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46). Back [2]

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