UK Offence Report

The Biocidal Products (Fees and Charges) Regulations 2013 (revoked)

UK Statutory Instrument 2013 No. 1507 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
18 June 2013
In force from
1 September 2013
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
European Communities Act 1972, Health and Safety at Work etc. Act 1974

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 provide the charging regime in relation to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (“the Biocides Regulation”; OJ No L167, 27.06.12, p.1). The Biocides Regulation replaces Directive 98/8/EC (OJ No. L123, 24.4.98, p.1) of the European Parliament and the Council of 16th February 1998, which laid down harmonised rules for the placing on the market of biocidal products. The Biocides Regulation lays down revised harmonised rules for the approval of active substances and the making available on the market of biocidal products. Regulation 3 makes provision for the functions of the Member State referred to in Article 80(2) to be performed by the competent authority. Regulation 4 and the Schedule enables the competent authority to charge fees, at a daily rate, for work carried out within the scope of the Biocides Regulation and within regulation 13 of the Biocidal Products (Appointment of Authorities and Enforcement) Regulations 2013, relating to applications for the authorisation and mutual recognition of biocidal products, the approval of active substances and permits and notifications under specific conditions. Regulations 5 and 6 provide for an annual charge to be paid to the competent authority by persons placing biocidal products on the market in respect of costs incurred by or on behalf of the competent authorities, associated with any work carried out within the scope of the Biocides Regulation that cannot be attributed to an individual application. Regulation 7 requires anyone liable to pay the annual charge to notify the competent authority, or a person designated by the competent authority, of information specified in that regulation, subject to exceptions set out in that regulation. Regulation 8 revokes regulations 39 and 39A of, and Schedules 12 and 12A to, the Biocidal Products Regulations 2001 (and associated amending provisions in the Biocidal Products (Amendment) Regulations 2003), subject to savings provisions which: (i) enable fees to be charged in respect of the evaluation of biocidal product authorisation applications submitted before 1st September 2013, and (ii) allow the annual charge to be recovered in respect of the period from 1st April 2013 to 31st August 2013. An impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available from the Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside, L20 7HS. A copy of the document has been placed in the Library of each House of Parliament and is annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.

Offences created by this instrument

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.

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