The Construction Products (Amendment etc.) (EU Exit) Regulations 2020

UK Statutory Instrument 2020 No. 1359 — creates 16 criminal offences.

16offences created

0recorded in force

0revoked

Made: 26 November 2020
In force from: Not determined
Extent: Not stated
Subject: Miscellaneous
Made under: Schedule 7 to, the European Union (Withdrawal) Act 2018, Schedule 7 to, the European Union (Withdrawal) Act 2018

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 Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465) (“the 2019 Regulations”) before they come into force, and also make additional standalone provision in relation to Northern Ireland. Broadly the amendments in this instrument restrict the amendments in the 2019 Regulations so instead of having effect in relation to the United Kingdom they have effect in relation to Great Britain only. Schedule 2 amends the Construction Products Regulations 2013 (S.I. 2013/1387) so that the enforcement rules in those Regulations apply only in relation to the construction products regime in Great Britain (and not the whole of the United Kingdom). Schedule 3 sets out enforcement rules in relation to the construction products regime in Northern Ireland. Regulation 3 and Schedule 1 make amendments to Schedule 1 to the 2019 Regulations. Schedule 1 to the 2019 Regulations amends Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC as it had effect immediately before IP completion day to correct deficiencies. The amendments in Schedule 1 to this instrument provide for the amendments in Schedule 1 to the 2019 Regulations to have effect in relation to Great Britain only (in Northern Ireland existing EU law, not retained EU law will continue to apply). Regulation 3 and Schedule 2 make amendments to Schedule 2 to the 2019 Regulations. Schedule 2 to the 2019 Regulations amends the Construction Products Regulations 2013 to make consequential corrections on the UK exiting the European Union. The amendments in Schedule 2 to this instrument amend Schedule 2 to the 2019 Regulations so the Construction Products Regulations have effect in relation to Great Britain only (the enforcement rules which will apply in respect of Northern Ireland are set out in Schedule 3 to this instrument (see below)). Regulation 4 makes provision to implement the Ireland/Northern Ireland Protocol to the Withdrawal Agreement. In particular, it provides a number of glosses to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC as it has effect in EU law as amended from time to time, including providing for an accompanying product marking ie the UK(NI) indication. Regulation 5 and Schedule 3 make provision for the enforcement of the EU law construction products regime in respect of Northern Ireland. Schedule 3 makes provision in respect of Northern Ireland which is akin to the provisions of the Construction Products Regulations 2013 (S.I. 2013/1387), with provisions not relevant to Northern Ireland being removed. The effect of the Schedule is to maintain the status quo from IP completion day and to implement the Ireland/Northern Ireland Protocol to the EU Withdrawal Agreement as it applies to construction products. The Ireland/Northern Ireland Protocol provides in certain cases for use of product marking ie the UK(NI) indication. Consequently, paragraphs 3, 4 and 5 of Schedule 3 provide for new offences in relation to affixing etc of the UK(NI) indication on construction products. Paragraphs 6 and 7 (suspension notices) make provision for the service of notices by an enforcement authority suspending the supply of construction products on grounds of the commission of an offence under paragraphs 3, 4 or 5, or on grounds relating to breach of certain provisions of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC as it has effect in EU law as amended from time to time, and for appeals against suspension notices. Offences are provided for in respect of breach of notices. Paragraph 9 makes provision for forfeiture of construction products on grounds similar to those for the service of suspension notices. Paragraph 10 requires enforcement authorities to send certain details in relation to suspension notices to the Secretary of State. Paragraphs 11 to 14 of Schedule 3 make provision for the service of notices by the Secretary of State prohibiting the supply of construction products, and requiring the issue of warnings in relation to construction products, on grounds of the commission of an offence under paragraphs 3 or 4, or on the grounds set out in paragraph 16. Offences are provided for in respect of breach of notices. Provision is also made for the procedure by which representations may be made against the grounds for service of a prohibition notice, and for notice to be given in advance of service of a notice to warn, and for a procedure for representations to be made against the service of the notice. Paragraph 15 of Schedule 3 provides a power for the Secretary of State to require information to be provided to assist in deciding whether to serve prohibition notices and notices to warn, with an offence for non-compliance or provision of false information. Paragraph 17 enables district councils in Northern Ireland, amongst other things, to carry out market surveillance in their areas. Paragraph 18 of Schedule 3 empowers them to investigate and prosecute in relation to offences anywhere in Northern Ireland. Paragraphs 19 and 20 govern powers of entry, search and seizure in connection with failures to comply with the requirements of the EU Construction Products Regulation and offences under Part 2 of the Schedule. Paragraph 21 provides offences for obstructing, or giving false information to, an officer of an enforcement authority. Paragraph 22 covers appeals against detention of products. Paragraph 23 deals with compensation in certain circumstances in relation to seizure or detention of products and paragraph 24 provides for recovery of expenses, for example from a person who is convicted. Paragraph 25 provides an offence for disclosure of information obtained. Paragraphs 26 and 27 provide for a due diligence defence in certain cases and for other persons whose acts or default caused the principal offender to commit the offence to also be guilty of an offence. Paragraph 28 covers service of documents and paragraph 29 sets out the long stop date for commencing proceedings for an offence under paragraph 3(1) or (4). Paragraph 30 contains transitional provisions in relation to enforcement action which was started before the end of IP completion day under the Construction Products Regulations 2013. An impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

Prohibition notices paragraph 11(4) of SCHEDULE 3 · Status not determined · Strict liability
Notices to warn paragraph 13(2) of SCHEDULE 3 · Status not determined · Strict liability
Power to obtain information paragraph 15(3) of SCHEDULE 3 · Status not determined · Requires proof of a state of mind
Powers of search etc.: further provisions paragraph 20(7) of SCHEDULE 3 · Status not determined · Strict liability
Obstruction of authorised officer paragraph 21(1) of SCHEDULE 3 · Status not determined · Requires proof of a state of mind
Obstruction of authorised officer paragraph 21(2) of SCHEDULE 3 · Status not determined · Requires proof of a state of mind
Restrictions on the disclosure of information paragraph 25(1) of SCHEDULE 3 · Status not determined · Strict liability
Prohibition on supply etc paragraph 3(1) of SCHEDULE 3 · Status not determined · Strict liability
Prohibition on supply etc paragraph 3(4) of SCHEDULE 3 · Status not determined · Strict liability
Prohibition on supply etc paragraph 4(1) of SCHEDULE 2 · Status not determined · Strict liability
Breaches of duty by economic operators paragraph 4(1) of SCHEDULE 3 · Status not determined · Strict liability
Prohibition on supply etc paragraph 4(4) of SCHEDULE 2 · Status not determined · Strict liability
Prohibition on supply etc paragraph 4(5) of SCHEDULE 2 · Status not determined · Strict liability
For regulation 4 (prohibition on supply etc.) substitute— Prohibition on supply etc. 4 1 A person who supplies a… paragraph 5 of SCHEDULE 2 · Status not determined · Strict liability
Other breaches of the EU Construction Products Regulation paragraph 5(1) of SCHEDULE 3 · Status not determined · Strict liability
Suspension notices paragraph 6(6) of SCHEDULE 3 · Status not determined · Strict liability

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.

Construction Products (Amendment etc.) (EU Exit) Regulations 2020 Lords · Lords Chamber · 10 November 2020
Business of the House Commons · Commons Chamber · 12 November 2020 · The Leader of the House of Commons (Mr Jacob Rees-Mogg)
The business for the week commencing 16 November will include: Monday 16 November—Remaining stages of the Pension Schemes Bill [Lords]. Tuesday 17 November—Second Reading of the National Security and Investment Bill, followed by a motion to approve a money resolution relating to the Botulinum Toxin and Cosmetic Fillers (Children) Bill. Wednesday 18 November—Motion to approve the draft Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020, followed by a motion to approve the Construction Products (Amendment etc.) (EU Exit) Regulations 2020,…
Exiting the European Union (Building and Buildings) Commons · Commons Chamber · 18 November 2020 · Christopher Pincher
I am obliged to the hon. Gentleman for his intervention. We have always been at the forefront of good design and product safety, and I hope that nobody in the House will assume that somehow, because they are EU regulations, those regulations must ineluctably be better than our own. We will make sure that we have regulations that are suitable for our markets. We will make sure that we have really good regulations and that, as we leave the transition period, we maintain EU regulations, which are being incorporated, as I have said, in British law. The hon. Gentleman asked a question about…
Exiting the European Union (Building and Buildings) Commons · Commons Chamber · 18 November 2020 · The Minister for Housing (Christopher Pincher)
I beg to move, That the draft Construction Products (Amendment etc.) (EU Exit) Regulations 2020, which were laid before this House on 15 October, be approved. The draft regulations were laid before the House on 15 October this year. They were debated and supported in the other place on 10 November. They are part of the Government’s programme to update European Union exit legislation to reflect the fact that we are now leaving the transition period under the withdrawal agreement and the Ireland-Northern Ireland protocol. The regulations will amend existing construction products regulations in…
Draft Conformity Assessment (Mutual Recognition Agreements) (Construction Products) (Amendment) Regulations 2021 Commons · General Committees · 8 November 2021 · The Minister for Housing (Christopher Pincher)
I beg to move, That the Committee has considered the draft Conformity Assessment (Mutual Recognition Agreements) (Construction Products) (Amendment) Regulations 2021. Welcome to the Chair, Mr Hollobone. It is a pleasure to serve under your chairmanship. The draft regulations make a simple amendment to the Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 in order to cite the construction products regulations as a specified regulation within that legislation. Let me begin by providing some context and background…

How Parliament handled it

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