The Control of Mercury (Enforcement) Regulations 2017
S.I. 2017/1200 · Made 4 December 2017 · Extends to United Kingdom
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
- 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
- Part 1: Introductory
- 1Citation and application
- 2Commencement
- 3Interpretation
- 4Definitions relating to offshore installations
- 5“Enforcing authority”
- 6Designation of competent authority : Northern Ireland
- Part 2: Civil enforcement in England and Wales
- 7Application of this Part
- 8Enforcement notices
- 9Action by authority to ensure compliance with enforcement notices
- 10Civil penalties
- 11Further provision about civil penalties
- 12Civil penalties: late payment interest
- 13Recovery of enforcement costs
- 14Enforcement costs: late payment interest
- 15Further provision about appeals
- 16Multiple enforcement
- 17Publication of civil enforcement
- 18Civil proceedings
- Part 3: Enforcement specific to Northern Ireland
- 19Application of this Part and interpretation
- 20Enforcement notices
- 21Action by DAERA to ensure compliance with enforcement notices
- 22Recovery of enforcement costs
- 23Late payment interest
- 24Further provision about appeals
- Part 4: Enforcement specific to Scotland
- 25Application of this Part
- 26Enforcement notices
- 27Action by SEPA to ensure compliance with enforcement notices
- 28Recovery of enforcement costs
- 29Late payment interest
- 30Further provision about appeals
- 31Enforcement by the courts
- 32Monetary penalties, costs recovery and enforcement undertakings
- Part 5: Further provision about enforcement
- 33Imports and exports: assistance by customs officials
- 34Information sharing
- 35Information notices
- 36Further provision about giving notices
- 37Authorising imports or movements involving Northern Ireland
- 38Notification of new mercury-added products and manufacturing processes
- Part 6: Offshore installations: assistance by Secretary of State
- 39Offshore installations: assistance by Secretary of State
- 40Admissibility etc.
- Part 7: Criminal enforcement
- 41Offences in respect of laws relating to mercury, enforcement notices and information
- 42Limitation of regulation 41 offences in England and Wales only
- 43Offences relating to customs officials
- 44Offences relating to inspections of offshore installations
- 45Proceedings: partnerships etc.
- 46Offences by bodies corporate etc.
- 47Offences: penalties
- Part 8: Amendments and revocation
- 48Amendment to section 41 of the Environment Act 1995
- 49Amendment to the Control of Major Accident Hazards Regulations 2015
- 50Amendment to the Environment (Northern Ireland) Order 2002
- 51Revocation of the Mercury Export and Data (Enforcement) Regulations 2010
- Signature
- Schedule 1: Laws relating to mercury
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 2: Definitions relating to offshore installations
- 1“Offshore installation”
- 2“Offshore area”
- 3“English offshore area”
- 4“Scottish offshore area”
- Schedule 3: Provisions relating to appeals in Scotland
- Part 1: Appeals procedure
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Part 2: Public hearings
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- Part 3: Determination of appeals
- 41Paragraph 41
- 42Paragraph 42
- Explanatory note