UK Offence Report

The Energy Information (Amendment) Regulations 2018

UK Statutory Instrument 2018 No. 255 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
27 February 2018
In force from
29 March 2018
Extent
Not stated
Subject
Energy, communications, water and utilities
Made under
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 amend the Energy Information Regulations 2011 (S.I. 2011/1524) (“the 2011 Regulations”). The 2011 Regulations implemented Directive 2010/30/EU (“the Directive”), which is replaced by Regulation (EU) 2017/1369 of the European Parliament and of the Council setting a framework for energy labelling and repealing Directive 2010/30/EU (“the EU Energy Labelling Regulation”). In consequence of the coming into force of the EU Energy Labelling Regulation, these Regulations replace references to the Directive with references to the EU Energy Labelling Regulation and alter the domestic enforcement regime for the labelling of energy-related products. Regulation 4 amends regulation 3 of the 2011 Regulations and applies the 2011 Regulations to energy-related products (which is defined in Article 2 of the EU Energy Labelling Regulation). It amends the list of matters to which the 2011 Regulations do not apply in line with Article 1(2) of the EU Energy Labelling Regulation. Regulation 5 amends regulation 4 of the 2011 Regulations to designate the market surveillance authorities for the obligations imposed on suppliers and dealers by the EU Energy Labelling Regulation. These obligations supersede the obligations in Parts 3 and 4 of the 2011 Regulations, which are revoked by regulation 7. Regulation 8 replaces the criminal offence in regulation 11 of the 2011 Regulations with a criminal offence for contravention of the obligations placed on suppliers or dealers by the provisions of the EU Energy Labelling Regulation listed in regulation 4 of the 2011 Regulations, as amended. Regulation 13 revokes paragraph 2 of Schedule 4 which is superseded by Article 9(2) of the EU Energy Labelling Regulation (procedure at national level for dealing with products presenting a risk). A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen. An impact assessment was prepared prior to the adoption of the EU Energy Labelling Regulation and an assessment of costs and benefits will be carried out prior to each of the product-specific EU measures being adopted by the European Commission.

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

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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