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The Control of Mercury (Enforcement) Regulations 2017

S.I. 2017/1200 · Made 4 December 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 July 2026.

Environmental Protection

Made 4th December 2017

Laid before Parliament 5th December 2017

Coming into force in accordance with regulation

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 M1 in relation to the environment M2.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of that Act M3.

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The Secretary of State continues to be able to implement European Union law, so far as it is devolved, under section 57 of the Scotland Act 1998 (c.46) (in respect of Scotland) and paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c.32) (in respect of Wales).

M2

S.I. 2008/301.

M3

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The Secretary of State continues to be able to implement European Union law, so far as it is devolved, under section 57 of the Scotland Act 1998 (c.46) (in respect of Scotland) and paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c.32) (in respect of Wales).

Contents

  1. Part 1: Introductory
  2. 1Citation and application
  3. 2Commencement
  4. 3Interpretation
  5. 4Definitions relating to offshore installations
  6. 5“Enforcing authority”
  7. 6Designation of competent authority : Northern Ireland
  8. Part 2: Civil enforcement in England and Wales
  9. 7Application of this Part
  10. 8Enforcement notices
  11. 9Action by authority to ensure compliance with enforcement notices
  12. 10Civil penalties
  13. 11Further provision about civil penalties
  14. 12Civil penalties: late payment interest
  15. 13Recovery of enforcement costs
  16. 14Enforcement costs: late payment interest
  17. 15Further provision about appeals
  18. 16Multiple enforcement
  19. 17Publication of civil enforcement
  20. 18Civil proceedings
  21. Part 3: Enforcement specific to Northern Ireland
  22. 19Application of this Part and interpretation
  23. 20Enforcement notices
  24. 21Action by DAERA to ensure compliance with enforcement notices
  25. 22Recovery of enforcement costs
  26. 23Late payment interest
  27. 24Further provision about appeals
  28. Part 4: Enforcement specific to Scotland
  29. 25Application of this Part
  30. 26Enforcement notices
  31. 27Action by SEPA to ensure compliance with enforcement notices
  32. 28Recovery of enforcement costs
  33. 29Late payment interest
  34. 30Further provision about appeals
  35. 31Enforcement by the courts
  36. 32Monetary penalties, costs recovery and enforcement undertakings
  37. Part 5: Further provision about enforcement
  38. 33Imports and exports: assistance by customs officials
  39. 34Information sharing
  40. 35Information notices
  41. 36Further provision about giving notices
  42. 37Authorising imports or movements involving Northern Ireland
  43. 38Notification of new mercury-added products and manufacturing processes
  44. Part 6: Offshore installations: assistance by Secretary of State
  45. 39Offshore installations: assistance by Secretary of State
  46. 40Admissibility etc.
  47. Part 7: Criminal enforcement
  48. 41Offences in respect of laws relating to mercury, enforcement notices and information
  49. 42Limitation of regulation 41 offences in England and Wales only
  50. 43Offences relating to customs officials
  51. 44Offences relating to inspections of offshore installations
  52. 45Proceedings: partnerships etc.
  53. 46Offences by bodies corporate etc.
  54. 47Offences: penalties
  55. Part 8: Amendments and revocation
  56. 48Amendment to section 41 of the Environment Act 1995
  57. 49Amendment to the Control of Major Accident Hazards Regulations 2015
  58. 50Amendment to the Environment (Northern Ireland) Order 2002
  59. 51Revocation of the Mercury Export and Data (Enforcement) Regulations 2010
  60. Signature
  61. Schedule 1: Laws relating to mercury
  62. 1Paragraph 1
  63. 2Paragraph 2
  64. 3Paragraph 3
  65. 4Paragraph 4
  66. Schedule 2: Definitions relating to offshore installations
  67. 1“Offshore installation”
  68. 2“Offshore area”
  69. 3“English offshore area”
  70. 4“Scottish offshore area”
  71. Schedule 3: Provisions relating to appeals in Scotland
  72. Part 1: Appeals procedure
  73. 1Paragraph 1
  74. 2Paragraph 2
  75. 3Paragraph 3
  76. 4Paragraph 4
  77. 5Paragraph 5
  78. 6Paragraph 6
  79. 7Paragraph 7
  80. 8Paragraph 8
  81. 9Paragraph 9
  82. 10Paragraph 10
  83. 11Paragraph 11
  84. 12Paragraph 12
  85. 13Paragraph 13
  86. 14Paragraph 14
  87. 15Paragraph 15
  88. 16Paragraph 16
  89. 17Paragraph 17
  90. 18Paragraph 18
  91. Part 2: Public hearings
  92. 19Paragraph 19
  93. 20Paragraph 20
  94. 21Paragraph 21
  95. 22Paragraph 22
  96. 23Paragraph 23
  97. 24Paragraph 24
  98. 25Paragraph 25
  99. 26Paragraph 26
  100. 27Paragraph 27
  101. 28Paragraph 28
  102. 29Paragraph 29
  103. 30Paragraph 30
  104. 31Paragraph 31
  105. 32Paragraph 32
  106. 33Paragraph 33
  107. 34Paragraph 34
  108. 35Paragraph 35
  109. 36Paragraph 36
  110. 37Paragraph 37
  111. 38Paragraph 38
  112. 39Paragraph 39
  113. 40Paragraph 40
  114. Part 3: Determination of appeals
  115. 41Paragraph 41
  116. 42Paragraph 42
  117. Explanatory note