The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011 (revoked)
UK Statutory Instrument 2011 No. 1543 — creates 3 criminal offences.
- Made
- 20 June 2011
- In force from
- 20 July 2011
- Extent
- Not stated
- Subject
- Courts, police, prisons and the administration of justice
- Made under
- (EC) No 1005/2009, European Communities Act 1972, Schedule 2 to, the 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 enforce Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer (OJ No L 286, 31.10.2009, p1) as amended by Commission Regulation (EU) No 744/2010 (OJ No L 218, 19.8.2010, p2) (“the EU Regulation”). The EU Regulation controls the production, placing on the market and use of substances that deplete the ozone layer. The Regulations provide that the Secretary of State is the competent authority for the purposes of the EU Regulation. Breach of the provisions of the EU Regulation specified in Schedule 2 is an offence, punishable a on summary conviction, by a fine not exceeding the statutory maximum, or b on conviction on indictment, to a fine. Breaching an enforcement notice (see regulation 9) or a notice served by the Secretary of State under regulation 11 and obstructing officers of an enforcing authority are also offences. The Regulations extend to Great Britain, and to Northern Ireland in so far as they relate to import and export controlled by the EU Regulation. A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.
Offences created by this instrument
- Any person who breaches a provision of the EU Regulation set out in Schedule 2 is guilty of an offence regulation 4(1) · Status not determined · Strict liability
- Failure to comply with any of the following is an offence— a an enforcement notice; b a notice under regulation 11 regulation 4(2) · Status not determined · Strict liability
- It is an offence— a intentionally to obstruct any person acting in the execution or enforcement of the EU Regulation;… regulation 4(3) · Status not determined · Requires proof of a state of mind
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 2011