Regulation 3 Enforcement

England, Wales and Scotland

(1)

An enforcing authority must enforce a listed REACH provision where it is named against that provision in the F1relevant REACH table.

(2)

The duty in paragraph (1) is subject to the following provisions of this regulation and F2regulations 3A and 6.

(3)

The enforcement duty commences—

(a)

except for Article 67 of REACH, on 1st December 2008;

(b)

for Article 67, on 1st June 2009.

(4)

Except in relation to—

(a)

an offshore installation; or

(b)

a local (consumer safety) authority or a local (health and safety) authority,

the enforcement duty applies to an enforcing authority in the relevant part or parts of the United Kingdom shown at the head of the column in which the enforcing authority is named in the relevant REACH table.

(5)

In relation to an offshore installation, the enforcement duty applies—

(a)

for an installation in relevant waters (except such waters F3within the seaward limits of the territorial sea adjacent to Northern Ireland)—

(i)

to the Health and Safety Executive; and

(ii)

except in Scottish controlled waters, to the Secretary of State,

where they are named under the column heading “Offshore Installations” in the relevant REACH table;

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

for an installation in Scottish controlled waters, to the Scottish Environment Protection Agency, where that Agency is named under the column heading “Scotland” in the relevant REACH table.

(6)

For a local (consumer safety) authority or a local (health and safety) authority, the enforcement duty applies to the area of that authority.

(7)

The enforcement duty applies to an enforcing authority where enforcement of the listed REACH provision is a function of that authority.

(8)

The functions of an enforcing authority for the purposes of these Regulations are set out in Schedule 2 (functions of enforcing authorities).

Annotations

Textual amendments

F1: Words in reg. 3 substituted (E.W.S.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 1(2)(a) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1), 10(3)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 3(2) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 133 (with Sch. 4)
F3: Words in reg. 3(5)(a) substituted (E.W.S.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 1(2)(c)(i) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1), 10(3)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Reg. 3(5)(b) omitted (E.W.S.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 1(2)(c)(ii) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1), 10(4)); 2020 c. 1, Sch. 5 para. 1(1)