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The Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001

S.I. 2001/3142 · Made 12 September 2001 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 11 August 2007.

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ENERGY CONSERVATION

Made 12th September 2001

Laid before Parliament 20th September 2001

Coming into force 19th October 2001

F1The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972f1 in relation to measures relating to energy labelling and standard product information for household productsf2 and in relation to measures relating to energy efficiency and performance requirements for products f3, in exercise of the powers conferred by section 2(2) of that Act and of all other powers enabling her in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Textual amendments

F1

Regulations revoked (in part) (1.7.2004) by The Energy Information (Household Refrigerators and Freezers) Regulations 2004 (S.I. 2004/1468), regs. 1, 17(1) (with regs. 16, 17(2))

Footnotes

f1

1972 c. 68.

f2

See S.I. 1992/1711.

f3

See S.I. 2001/2555.

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: AMENDMENTS TO ENERGY INFORMATION REGULATIONS
  5. 3Refrigerators and Freezers, Washing Machines, Tumble Driers and Combined Washer-driers—miscellaneous
  6. 4Refrigerators and Freezers, Washing Machines, Tumble Driers and Combined Washer-driers—offences, enforcement, etc.
  7. 5Washing Machines, Tumble Driers and Combined Washer-driers
  8. 6Refrigerators and Freezers and Tumble Driers
  9. 7Refrigerators and Freezers and Combined Washer-driers
  10. 8Dishwashers
  11. 9Lamps
  12. 10Refrigerators and Freezers
  13. Part 3: AMENDMENTS TO THE ENERGY EFFICIENCY (REFRIGERATORS AND FREEZERS) REGULATIONS 1997
  14. 11Regulation 11 Repealed
  15. Signature
  16. Explanatory note

1Citation and commencement

These Regulations may be cited as the Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001 and shall come into force on 19th October 2001.

2Interpretation

In these Regulations—

  • “the Refrigerators and Freezers Regulations” means the Energy Information (Refrigerators and Freezers) Regulations 1994 f1;

  • “the Washing Machines Regulations” means the Energy Information (Washing Machines) Regulations 1996f2;

  • “the Tumble Driers Regulations” means the Energy Information (Tumble Driers) Regulations 1996f3;

  • “the Combined Washer-driers Regulations” means the Energy Information (Combined Washer-driers) Regulations 1997f4;

  • “the Dishwashers Regulations” means the Energy Information (Dishwashers) Regulations 1999f5; and

  • “the Lamps Regulations” means the Energy Information (Lamps) Regulations 1999f6.

3Refrigerators and Freezers, Washing Machines, Tumble Driers and Combined Washer-driers—miscellaneous

(1)

The Refrigerators and Freezers Regulations, the Washing Machines Regulations, the Tumble Driers Regulations and the Combined Washer-driers Regulations are amended as follows—

(2)

In regulation 2 (interpretation)—

(a)

in the definition of “dealer”, for “sells or displays”, substitute “offers for sale, displays or sells”; and

(b)

at the end of the definition of “the harmonised standards”, add

  • “which are technical specifications (European standards or harmonisation documents) adopted by the European Committee of Electrotechnical Standardisation (“CENELEC”) on the basis of—

    1. (i)

      a mandate from the Commission in accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulationsf1, as last amended by Directive 98/48/EC of the European Parliament and the Councilf2; and

    2. (ii)

      the general guidelines for co-operation between the Commission, CENELEC and the European Committee for Standardisation signed on 13 November 1984.”.

(3)

For regulation 4(1) (suppliers' duty in respect of labels), substitute—

“(1)

A supplier of an appliance shall supply free of charge to a dealer a label in respect of the applicance which complies with paragraph (2).”.

(4)

For regulation 7 (suppliers to be responsible for accuracy of labels and information notices), substitute—

“7.

The supplier (and no other person) shall be responsible for the accuracy of the information given on a label or in an information notice.”.

(5)

In regulation 9 (dealers' duty in respect of displayed appliances), for the words from “Subject” to “end-users”, substitute “A dealer who displays or offers for sale an appliance”.

(6)

Omit regulations 10 (dealers' duty in respect of information notices) and 11 (extent of dealers' duties under regulations 9 and 10).

4Refrigerators and Freezers, Washing Machines, Tumble Driers and Combined Washer-driers—offences, enforcement, etc.

(1)

Schedule 6 to the Refrigerators and Freezers Regulations and Schedule 5 to the Washing Machines Regulations, the Tumble Driers Regulations and the Combined Washer-driers Regulations are amended as follows—

(2)

Omit—

(a)

in paragraph 1(1), “regulation 10 (dealers' duty in respect of information notices);”;

(b)

sub-paragraphs (2) to (4) of paragraph 2;

(c)

in paragraph 3(2), “Subject to sub-paragraphs (3) to (5)”;

(d)

sub-paragraphs (3) to (5) of paragraph 3;

(e)

paragraphs 6, 7 and 8;

(f)

the word “and” preceding, and the whole of, sub-paragraph (3)(j) of paragraph 15;

(g)

sub-paragraph (5)(f) of paragraph 15; and

(h)

paragraph 19.

5Washing Machines, Tumble Driers and Combined Washer-driers

The Washing Machines Regulations, the Tumble Driers Regulations and the Combined Washer-driers Regulations are amended in regulation 12 (printed communications), by omitting—

  • “(but not an advertisement or short printed list of appliances),”

6Refrigerators and Freezers and Tumble Driers

Regulation 2 (interpretation) of the Refrigerators and Freezers Regulations and the Tumble Driers Regulations is amended by inserting, after the definition of “the Directives”—

  • ““enforcement action” means the instituting of proceedings (whether criminal or otherwise) for failing to observe or comply with these Regulations;”.

7Refrigerators and Freezers and Combined Washer-driers

For paragraph 1(3) of Schedule 6 to the Refrigerators and Freezers Regulations and Schedule 5 to the Combined Washer-driers Regulations, substitute—

“(3)

A person guilty of any other offence specified in sub-paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.

8Dishwashers

(1)

The Dishwashers Regulations are amended as follows—

(2)

In regulation 10 (information in respect of mail order and other distance sales), omit—

  • “(but not an advertisement or short printed list of dishwashers)”.

(3)

In Schedule 5 (offences, enforcement and other matters), there shall be omitted—

(a)

the words “Subject to sub-paragraphs (3) to (5)” in sub-paragraph (2) of paragraph 3;

(b)

sub-paragraphs (3) to (5) of paragraph 3;

(c)

paragraph 16.

9Lamps

Schedule 4 (offences, enforcement and other matters) to the Lamps Regulations is amended by omitting paragraph 16.

10Refrigerators and Freezers

Schedule 6 (offences, enforcement and other matters) to the Refrigerators and Freezers Regulations is amended by substituting, for paragraph 1(2)—

“(2)

A person guilty of the offence of contravening paragraph 15(1) shall be liable, on summary conviction, to a fine not exceeding the statutory maximum, and on conviction on indictment, to a fine.”.

11F1

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

Signature

Signed by authority of the Secretary of State for Environment, Food and Rural Affairs

Michael Meacher

Minister of State,

Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Energy Information (Refrigerators and Freezers) Regulations 1994, the Energy Information (Washing Machines) Regulations 1996, the Energy Information (Tumble Driers) Regulations 1996, the Energy Information (Combined Washer-driers) Regulations 1997, the Energy Information (Dishwashers) Regulations 1999, the Energy Information (Lamps) Regulations 1999 and the Energy Efficiency (Refrigerators and Freezers) Regulations 1997.

Regulations 3 and 4 amend the Energy Information (Refrigerators and Freezers) Regulations 1994, the Energy Information (Washing Machines) Regulations 1996, the Energy Information (Tumble Driers) Regulations 1996 and the Energy Information (Combined Washer-driers) Regulations 1997.

In particular, regulation 3(6) removes the requirement for a dealer, where potential purchasers do not see the appliance displayed and thus have no opportunity to see the label, to make an information notice available for inspection by potential purchasers before concluding a sale. Regulation 3(6) also extends the dealer’s duty to attach a label to an appliance to all circumstances in which an appliance is displayed.

Regulation 3 also makes drafting amendments.

Regulation 4 makes a number of changes to the proceedings relating to the enforcement of the principal Regulations and also makes drafting amendments.

Regulation 5 makes drafting amendments to the Energy Information (Washing Machines) Regulations 1996, the Energy Information (Tumble Driers) Regulations 1996 and the Energy Information (Combined Washer-driers) Regulations 1997.

Regulation 6 inserts a definition of “enforcement action” in regulation 2 (interpretation) of the Energy Information (Refrigerators and Freezers) Regulations 1994 and the Energy Information (Tumble Driers) Regulations 1996.

Regulations 7 and 10 make drafting amendments to the Energy Information (Refrigerators and Freezers) Regulations 1994 and the Energy Information (Combined Washer-driers) Regulations 1997.

Regulation 8 makes an amendment to the enforcement procedures and drafting amendments for the Energy Information (Dishwashers) Regulations 1999.

Regulation 9 makes an amendment to the procedures relating to enforcement of the Energy Information (Lamps) Regulations 1999.

Regulation 11 amends the Energy Efficiency (Refrigerators and Freezers) Regulations 1997. Paragraph (3) specifies that a breach of regulation 8 or 9 of the principal Regulations shall be actionable by civil proceedings. Paragraphs (2), (4) and (5) make drafting amendments. Paragraph (5) also makes amendments to the procedures relating to the enforcement of the principal Regulations.