The Personal Protective Equipment (Enforcement) Regulations 2018

UK Statutory Instrument 2018 No. 390 — creates 6 criminal offences.

6offences 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) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment (OJ No L81, 31.3.2016, p51) (“EU Regulation 2016/425”). EU Regulation 2016/425 repeals and replaces Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (OJ No L399, 30.12.1989, p18); which was implemented in the United Kingdom by the Personal Protective Equipment Regulations 2002 (S.I. 2002/1144) (as amended). These Regulations revoke S.I. 2002/1144 with savings (see regulation 2). Regulation 3 designates market surveillance authorities for the purpose of EU Regulation 2016/425 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. 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

Liability of persons other than the principal offender regulation 10(2) · Status not determined · Strict liability
Recovery of expenses of enforcement regulation 16(1) · Status not determined · Strict liability
It is an offence for an economic operator to contravene the requirements and obligations set out in— a Article 8… regulation 7(1) · Status not determined · Strict liability
It is an offence for an economic operator to fail to— a cooperate with; b provide information to; and c comply with… regulation 7(2) · Status not determined · Strict liability
It is an offence for an economic operator to fail to take the action required under— a Article 40 (compliant PPE which… regulation 7(3) · Status not determined · Strict liability
It is an offence for a person— a to intentionally obstruct an enforcement authority acting in the execution or… regulation 7(4) · 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.

Product Regulation and Metrology Bill [Lords] (Second sitting) Commons · Public Bill Committees · 13 May 2025 · Justin Madders
If we were to limit ourselves to naming organisations in the Bill, we might not have sufficient flexibility in the future. I am trying to indicate the types of body that we would expect to enforce product safety regulations, as they do already. Amendment 24 would prevent regulations made under the Bill from creating product regulations and metrology enforcement powers and functions. At present, product legislation provides a patchwork of enforcement powers across numerous pieces of legislation, but that has caused complexities and inconsistencies to emerge over decades. The Bill will enable…

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

Instrument created 20 March 2018
Instrument made (signed into law) 20 March 2018
Laid before the House of Commons 21 March 2018 · Commons
Laid before the House of Lords 21 March 2018 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 17 April 2018 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 17 April 2018 · Lords
Instrument comes into force as law 21 April 2018
Considered by the Joint Committee on Statutory Instruments (JCSI) 25 April 2018 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 25 April 2018 · Commons, Lords
Objection period ends 16 May 2018
Instrument remains law 16 May 2018
Procedure concluded in the House of Commons and the House of Lords 16 May 2018 · Commons, Lords

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

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2018