The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018

UK Statutory Instrument 2018 No. 764 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 25 June 2018
In force from: 21 September 2018
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: 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.

These Regulations make provision in connection with Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery (OJ No L 252, 16.9.2016, p. 53) “the NRMM Regulation”. In particular, they— appoint the Secretary of State as the approval authority and the market surveillance authority for the purposes of the NRMM Regulation (regulations 3 and 4) specify when the Secretary of State may treat any application as having been withdrawn by the manufacturer (regulation 5) or when it must be refused (regulation 6) require the holder of a type-approval to retain certain records (regulation 7) provide for a review procedure in respect of decision notices given under article 53 of the NRMM Regulation (regulation 8) specify when an approval may be withdrawn (regulation 9) and the effect of such a withdrawal or a suspension (regulation 10) set out how any notice or other document is to be served on the approval authority, market surveillance authority or enforcement authority (regulation 11) authorise the approval authority to provide and maintain testing stations and apparatus to use for examination of products for the purposes of the NRMM Regulation (regulation 12) provide that breach of the duty to provide certain technical information which causes a person to sustain loss or damage is actionable at the suit of that person, and a defence available to the manufacturer where they have exercised all due diligence (regulation 13) make provision in connection with the offence of use of defeat strategies to clarify that it includes the placing on the market of an engine that is fitted with a defeat device (regulation 14) provide for breach of the Regulations or the NRMM Regulation to be an offence, and for offences to be punishable either by criminal or civil penalties (in the case of use of defeat devices) or civil penalties only (in the case of all other offences) (parts 1 and 2 of Schedule 1) make provision for enforcement of the Regulations, including in connection with false statements and obstruction of officers, powers of search, detention of goods by customs officers and recovery of expenses of enforcement (part 3 of Schedule 1) makes consequential amendments to various enactments, and revokes instruments replaced by the NRMM Regulation (Schedule 2). The net costs imposed on business, the voluntary sector and the public sector by these Regulations have been assessed as being less than £5m in any year and therefore a full impact assessment has not been prepared, and a Review provision not included.

Offences created by this instrument

A person who is an economic operator is guilty of an offence if that person— a contravenes any prohibition in these… paragraph 1 of SCHEDULE 1 · Status not determined · Strict liability

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

Instrument created 25 June 2018
Instrument made (signed into law) 25 June 2018
Laid before the House of Commons 28 June 2018 · Commons
Laid before the House of Lords 28 June 2018 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 10 July 2018 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 10 July 2018 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 5 September 2018 · Commons, Lords
Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 5 September 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that there is doubt as to whether they are intra vires 5 September 2018 · Commons, Lords
Instrument comes into force as law 21 September 2018
Objection period ends 11 October 2018
Instrument remains law 11 October 2018
Procedure concluded in the House of Commons and the House of Lords 11 October 2018 · Commons, Lords

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

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