UK Offence Report

The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018

UK Statutory Instrument 2018 No. 389 — creates 8 criminal offences.

8offences created
0recorded in force
0revoked
Made
20 March 2018
In force from
21 April 2018
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
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 provide for the enforcement of Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels (OJ No L81, 31.3.2016, p99) (“EU Regulation 2016/426”). EU Regulation 2016/426 repeals and replaces Council Directive 2009/142/EC of 30 November 2009 relating to appliances burning gaseous fuels (OJ No L330, 16.12.2009, p10); which was implemented in the United Kingdom by the Gas Appliances (Safety) Regulations 1995 (S.I. 1995/1629) (as amended)). These Regulations revoke SI 1995/1629 with savings (see regulation 2). Regulation 3 designates market surveillance authorities for the purposes of EU Regulation 2016/426, and these Regulations. Regulations 4, 5 and Schedules 1 to 4 provide for enforcement authorities and their powers of enforcement. Offences and penalties are set out in regulations 7 and 8. The remainder of Part 2 provisions deal with related enforcement and procedural issues such as defences, liability of third parties, time limits, service of documents, appeals and compensation, etc. Regulation 18 sets out a process for the Secretary of State to review the regulatory provision contained within these Regulations and publish a report setting out the conclusions of that review. The first such report must be published within five years after the coming into force date of this instrument and subsequent reviews must be carried out every five years after that. Schedule 5 contains amendments to other legislation which are consequential to these Regulations. Schedule 6 contains minor amendments to the Lifts Regulations 2016 (S.I. 2016/1093), the Recreational Craft Regulations 2017 (S.I. 2017/737) and the Radio Equipment Regulations 2017 (S.I. 2017/1206). A Transposition Note is published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk. The EU Regulations referred to above are published at http://eur-lex.europa.eu.

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.
Committee
Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

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

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