The Fluorinated Greenhouse Gases Regulations 2015

UK Statutory Instrument 2015 No. 310 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 16 February 2015
In force from: 19 March 2015
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: (EC) No 842/2006, Commission Regulation (EC) No 1494/2007, 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.

The Regulations revoke and remake with amendments the Fluorinated Greenhouse Gases Regulations 2009 (S.I. 2009/261). These Regulations give effect to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases (OJ No L 150, 20.5.2014, p 195) (“the 2014 Regulation”). These Regulations also give effect to the following Commission Regulations relating to certain fluorinated greenhouse gases (“the Commission Regulations”)— a Commission Regulation (EC) No 1494/2007 (OJ No L 332, 18.12.07, p 25); b Commission Regulation (EC) No 1497/2007 (OJ No L 333, 19.12.07, p 4); c Commission Regulation (EC) No 1516/2007 (OJ No L 335, 20.12.07, p 10); d Commission Regulation (EC) No 303/2008 (OJ No L 92, 3.4.08, p 3); e Commission Regulation (EC) No 304/2008 (OJ No L 92, 3.4.08, p 12); f Commission Regulation (EC) No 305/2008 (OJ No L 92, 3.4.08, p 17); g Commission Regulation (EC) No 306/2008 (OJ No L 92, 3.4.2008, p 21); h Commission Regulation (EC) No 307/2008 (OJ No L 92, 3.4.2008, p 25); i Commission Regulation (EC) No 308/2008 (OJ No L 92, 3.4.2008, p 28); and j Commission Implementing Regulation (EU) No 1191/2014 (OJ No L 318, 5.11.2014, p 5). The Regulations provide that references to Commission Regulation 1493/2007 and to Commission Regulation 1494/2007 are references to those Commission Regulations as amended from time to time. The Regulations extend to Great Britain. They also extend to Northern Ireland for the purposes of import and export controls and trade with any place outside the United Kingdom. The Regulations apply to offshore installations, Scottish offshore installations and Northern Ireland offshore installations. (The terms “offshore installation”, “Scottish offshore installation” and “Northern Ireland offshore installation” are defined in regulation 4). The Regulations designate the competent authority for the 2014 Regulation (regulation 5). They also provide for the designation of certification, evaluation and attestation bodies required by the Commission Regulations (Part 3). Part 4 of the Regulations sets out powers given to enforcing authorities to enforce the 2014 Regulation and the Commission Regulations. This includes, in regulation 25, the power to issue enforcement notices for failing to comply with the 2014 Regulation or the Commission Regulations. Those provisions are listed in Schedules 2 and 3. Certain breaches of the 2014 Regulation, as well as a failure to comply with an enforcement notice, are among the criminal offences set out in regulation 29. An assessment of the effects that this instrument will have on the costs of business is available from the Stratospheric Ozone and Fluorinated Greenhouse Gases Team, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is annexed to the Government’s response to the consultation on www.gov.uk/government/consultations. The Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

Offences created by this instrument

Enforcement notices regulation 25(7) · Status not determined · Strict liability
Enforcement notices regulation 25(7)(e) · Status not determined · Strict liability
It is an offence for a person to do any of the following, or to cause or permit another person to do any of the… regulation 29(1) · Status not determined · Strict liability
It is an offence to— a intentionally obstruct any person acting in the execution or enforcement of these Regulations;… regulation 29(2) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Offshore Environmental Civil Sanctions Regulations 2018 Commons · General Committees · 15 May 2018 · Dr Whitehead
I thank the Minister for that helpful intervention. I was attempting to establish the range of penalties that will be available under the new regime. It would be helpful to have that additional information, but the penalties basically fall into the two categories I mentioned—one with a minor range and the other with a rather more major range. Nevertheless, the top of the range of variable penalties is £50,000. In addition to what the Minister has told us, the explanatory memorandum published alongside the SI deals with why it is claimed those penalties are needed. It states: “The need for…

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
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