The Environmental Protection (Microbeads) (Scotland) Regulations 2018
Scottish Statutory Instrument 2018 No. 162 — creates 4 criminal offences.
- Made
- 17 May 2018
- In force from
- 19 June 2018
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- Environmental Protection Act 1990
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations prohibit the use of microbeads as an ingredient in the manufacture of rinse-off personal care products and the sale of any such products containing microbeads and come into force on 19th June 2018. Regulation 3 provides that it is an offence for a person to manufacture or for a person to supply, offer to supply, or have in possession for supply any rinse off personal care product containing microbeads. A person found guilty of such an offence will be liable on summary conviction to a fine not exceeding £5,000 or on conviction on indictment to a term of imprisonment not exceeding 2 years or a fine not exceeding £5,000 or both. Regulation 4 makes provision for offences by bodies corporate, Scottish partnerships or unincorporated associations. Regulation 5 provides that the local authority may authorise any person to exercise any of the powers specified in regulation 6. Regulation 6 gives enforcement officers powers of entry to carry out the necessary investigations in order to determine whether an offence under regulation 3 has been committed.
Offences created by this instrument
- A person who, in the manufacture of any rinse-off personal care product, uses microbeads as an ingredient of that… regulation 3(1) · Status not determined · Strict liability
- A person who supplies, offers to supply or has in possession for supply any rinse-off personal care product containing… regulation 3(2) · Status not determined · Strict liability
- Where— a an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other… regulation 4(1) · Status not determined · Strict liability
- b it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on… regulation 4(1)(b) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2018