Regulation 6 Enforcer’s legislation

The duties and powers of an enforcer are those arising under any of the following provisions—

(a)

section 40(1)(b) of the Trade Descriptions Act 1968^f1 (including as applied by—

(i)

regulation 8(3) of the Crystal Glass (Descriptions) Regulations 1973^f2 and

(ii)

regulation 10(2) of the Footwear (Indication of Composition) Labelling Regulations 1995^f3);

(b)

Article 39 of the Weights and Measures (Northern Ireland) Order 1981^f4;

(c)

section 27(1) of the 1987 Act;

(d)

regulation 5C of the Motor Fuel (Composition and Content) Regulations 1999^f5;

(e)

paragraph 1 of Schedule 13 to the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001^f6;

(f)

regulation 61 of the Medical Devices Regulations 2002^f7;

(g)

regulation 11(1) of the EC Fertilisers Regulations (Northern Ireland) 2006^f8;

(h)

regulation 3(1)(b) of the Persistent Organic Pollutants Regulations 2007^f9;

(i)

regulation 3(1) of, and the table at Schedule 1 to, the REACH Enforcement Regulations 2008 as they apply in Northern Ireland^f10;

(j)

paragraphs 4 and 5 of Schedule 5 to the Supply of Machinery (Safety) Regulations 2008^f11;

(k)

regulation 8 of the Batteries and Accumulators (Placing on the Market) Regulations 2008^f12;

(l)

regulation 4(4) and 5 of the Detergents Regulations 2010^f13;

(m)

regulations 10 and 12 of the Ecodesign for Energy-Related Products Regulations 2010^f14;

(n)

regulation 28 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010^f15;

(o)

regulation 4 of the Energy Information Regulations 2011^f16;

(p)

regulation 7 of the Ozone-Depleting Substances (Qualifications) Regulations (Northern Ireland) 2011^f17;

(q)

regulation 10(1) of the 2011 Regulations;

(r)

regulation 11 of the Textile Products (Labelling and Fibre Composition) Regulations 2012^f18;

(s)

regulation 6(1)(c) of, and Schedule 4 to, the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012^f19;

(t)

regulation 36 of the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012^f20;

(u)

regulations 8 and 17 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013^f21;

(v)

regulation 6(1) of the Cosmetic Products Enforcement Regulations 2013^f22;

(w)

regulation 53 of the Pyrotechnic Articles (Safety) Regulations 2015^f23;

(x)

regulation 6 of the Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015^f24;

(y)

regulation 18 of the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015^f25;

(z)

regulation 7(1)(b) of the Packaging (Essential Requirements) Regulations 2015^f26;

(aa)

regulation 52 of the Electromagnetic Compatibility Regulations 2016^f27;

(bb)

regulation 55 of the Simple Pressure Vessels (Safety) Regulations 2016^f28;

(cc)

regulation 61 of the Lifts Regulations 2016^f29;

(dd)

regulation 41 of the Electrical Equipment (Safety) Regulations 2016)^f30;

(ee)

regulation 67 of the Pressure Equipment (Safety) Regulations 2016^f31;

(ff)

regulation 62 of the Non-automatic Weighing Instruments Regulations 2016^f32;

(gg)

regulation 67 of the Measuring Instruments Regulations 2016^f33;

(hh)

regulation 44 of, and Schedule 2 to, the Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016^f34;

(ii)

regulation 66 of the Recreational Craft Regulations 2017^f35;

(jj)

regulation 5 and Part 3 (enforcement specific to Northern Ireland) of the Control of Mercury (Enforcement) Regulations 2017^f36;

(kk)

regulation 56 of the Radio Equipment Regulations 2017^f37;

(ll)

regulation 52 of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017^f38;

(mm)

regulation 4 of the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018^f39;

(nn)

regulation 4 of the Personal Protective Equipment (Enforcement) Regulations 2018^f40;

(oo)

regulation 22 of the Cableway Installation Regulations 2018^f41;

(pp)

paragraph 17 of Schedule 3 to the Construction Products (Amendment etc.) (EU Exit) Regulations 2020^f42;

(qq)

regulation 3 of the Motor Vehicle Tyres (Labelling) (Enforcement) (Amendment) (EU Exit) Regulations 2020^f43.

Annotations

Footnotes

f1: 1968 c. 29. There are amendments to section 40 but none are relevant.
f2: S.I. 1973/1952. Regulation 8(3) was substituted by paragraph 2 of Schedule 2 to the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015/1630. The substitution has effect subject to transitional and saving provisions specified in article 8 of SI 2015/1630.
f3: S.I. 1995/2489. Regulation 10(2) was substituted by paragraph 23 of Schedule 2 to the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015/1630. The substitution has effect subject to transitional and saving provisions specified in article 8 of SI 2015/1630.
f4: S.I. 1981/231 (NI 10). Article 39 was amended by paragraph 1(3) of the Schedule to the Consumer Rights (Enforcement and Amendments) Order 2016 (S.I. 2016/1259).
f5: S.I. 1999/3107; regulation 5C was inserted and regulations 5A-5C substituted for regulation 5A by regulation 7 of the Motor Fuel (Composition and Content) and Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010/3035.
f6: S.I. 2001/1701; paragraph 1 was amended by regulation 2(3) of the Noise Emission in the Environment by Equipment for use Outdoors (Amendment) Regulations 2015/98.
f7: S.I. 2002/618; regulation 61 was replaced by section 41 of the Medicines and Medical Devices Act 2021 (c. 3). There are other amending instruments but none is relevant.
f8: S.R. 2006 No. 503.
f9: S.I. 2007/3106; as amended by S.I. 2018/1405, S.I. 2019/1099 and S.I. 2020/1358.
f10: S.I. 2008/2852. Regulation 3(1) was amended in respect of Northern Ireland by regulations 4 and 15(5)(a) of of S.I. 2020/1577. Schedule 1 was amended in respect of Northern Ireland by S.I. 2013/2919, S.I. 2019/758 and S.I. 2020/1577.
f11: S.I. 2008/1597.
f12: S.I. 2008/2164.
f13: S.I. 2010/740, regulation 4 was amended by regulation 5(4) of S.I. 2020/1617 as it applies in Northern Ireland.
f14: S.I. 2010/2617, amended by S.I. 2019/539.
f15: S.R. 2010 No. 160; regulation 28 was amended by S.R. 2020 No. 222.
f16: S.I. 2011/1524; regulation 4 was amended by S.I. 2019/539 and S.I. 2018/255.
f17: S. R. 2011 No. 240.
f18: S.I. 2012/1102.
f19: S.I. 2012/1715.
f20: S.I. 2012/3032.
f21: S.R. 2013 No. 206.
f22: S.I. 2013/1478.
f23: S.I. 2015/1553.
f24: S.R. 2015 No. 236 as amended by S.R. 2021 No. 37.
f25: S.R. 2015 No. 425; regulation 18 was amended by the Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018 No. 206). There are other amending instruments but none is relevant.
f26: S.I. 2015/1640, regulation 7 is amended by S.I. 2020/1647; there are other amending instruments but none is relevant.
f27: S.I. 2016/1091. Amended by S.I. 2017/1206; there are other amending instruments but none is relevant.
f28: S.I. 2016/1092, to which there are amendments not relevant to these Regulations.
f29: S.I. 2016/1093, to which there are amendments not relevant to these Regulations.
f30: S.I. 2016/1101, to which there are amendments not relevant to these Regulations.
f31: S.I. 2016/1105, to which there are amendments not relevant to these Regulations.
f32: S.I. 2016/1152, to which there are amendments not relevant to these Regulations.
f33: S.I. 2016/1153, to which there are amendments not relevant to these Regulations.
f34: S.R. 2016 No. 366, to which there are amendments not relevant to these Regulations.
f35: S.I. 2017/737, to which there are amendments not relevant to these Regulations.
f36: S.I. 2017/1200, to which there are amendments not relevant to these Regulations.
f37: S.I. 2017/1206, to which there are amendments not relevant to these Regulations.
f38: S.R. 2017 No. 90, to which there are amendments not relevant to these Regulations.
f39: S.I. 2018/389, to which there are amendments not relevant to these Regulations.
f40: S.I. 2018/390, to which there are amendments not relevant to these Regulations.
f41: S.I. 2018/816, to which there are amendments not relevant to these Regulations.
f42: S.I. 2020/1359.
f43: S.I. 2020/1509.