The Environmental Protection (Controls on Substances that Deplete the Ozone Layer) Regulations 1996
UK Statutory Instrument 1996 No. 506 — creates 10 criminal offences.
- Made
- 1 March 1996
- In force from
- 29 March 1996
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- Environmental Protection Act 1990, European Communities Act 1972
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, which apply to Great Britain, and to Northern Ireland in so far as they relate to importation, make provision in relation to Council Regulation (EC) No. 3093/94 on substances that deplete the ozone layer. The Council Regulation provides for a system that controls— i the production, supply and use of, ii trade in, and iii emission of certain substances (“controlled substances”) that deplete the ozone layer. Member States are required to deal with a number of matters by means of their domestic legislation. With the exception of regulations 4, 8 and 14, these Regulations fulfil this requirement. In particular they— a designate the Secretary of State as the competent authority for the purposes of the Council Regulation (regulation 3); b prohibit and restrict importation, landing and unloading of certain controlled substances (regulation 5); c require persons having control of the controlled substances mentioned in Articles 14 and 15 of the Council Regulation to comply with those provisions (regulation 6); d confer powers on customs officers to detain controlled substances or products imported, landed or unloaded in contravention of regulation 5, or equipment imported in contravention of the Council Regulation (regulation 7); e contain enforcement powers (regulations 9 and 10); and f set out offences and penalties in relation to non-compliance with the Council Regulation or the Regulations (regulations 11 to 13). Regulations 4 and 8 permit the Secretary of State to require controlled substances or products that have been unlawfully imported, landed or unloaded to be disposed of harmlessly or removed from the United Kingdom. Regulation 14 makes certain drafting amendments to the Environmental Protection (Non-Refillable Refrigerant Containers) Regulations 1994.
Offences created by this instrument
- Any person who uses, or causes or permits another person to use, a hydrochlorofluorocarbon in contravention of Article… regulation 11(1) · Status not determined · Strict liability
- Where a health and safety inspector, under sections 20 and 21 of the 1974 Act, exercises his powers for the purposes… regulation 11(10) · Status not determined · Requires proof of a state of mind
- Any person who supplies, or causes or permits another person to supply equipment in contravention of Article 5(5)… regulation 11(2) · Status not determined · Strict liability
- Any person who contravenes, or causes or permits another person to contravene, regulation 5 commits an offence regulation 11(3) · Status not determined · Strict liability
- Any person who knowingly supplies information that is false in a material particular for the purpose of obtaining a… regulation 11(4) · Status not determined · Requires proof of a state of mind
- Any person who fails to discharge a duty to which he is subject by virtue of regulation 6 commits an offence regulation 11(5) · Status not determined · Strict liability
- Any person who intentionally obstructs a customs officer in the exercise of his powers under regulation 7 commits an… regulation 11(6) · Status not determined · Requires proof of a state of mind
- Any person who fails to comply with regulation 8 or causes or permits another person to fail to comply with that… regulation 11(7) · Status not determined · Strict liability
- Any person who— a without reasonable excuse fails to comply with any requirement imposed under regulation 9(2), or b… regulation 11(8) · Status not determined · Mixed — some elements strict, some not
- Any person who contravenes, or causes or permits another person to contravene, regulation 9(8) commits an offence regulation 11(9) · Status not determined · Mixed — some elements strict, some not
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 records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1996