The Environmental Protection (Microbeads) (Wales) Regulations 2018

Welsh Statutory Instrument 2018 No. 760 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 19 June 2018
In force from: 30 June 2018
Extent: Not stated
Subject: International sanctions, export control and trade restrictions
Made under: Mail as required by section 140(6)(b) of the Environmental Protection Act 1990, Regulatory Enforcement and Sanctions Act 2008

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 prohibit the use of microbeads as an ingredient in the manufacture of rinse-off personal care products and the sale of any such products containing microbeads (regulation 3). Breach of this prohibition is an offence (regulation 3). Definitions of “microbead” and “rinse-off personal care product” are contained in regulation 2. The prohibition on the manufacture and sale of any such products will come into force on 30th June 2018. A civil sanctions regime is also introduced to enable the regulator to impose a range of civil sanctions (regulation 7 and the Schedule). These include variable monetary penalties, compliance notices and stop notices. The regulator may also accept enforcement undertakings. The Regulations make provision for the procedure relating to these sanctions and the available appeal mechanisms. Failure to comply with a stop notice is an offence (paragraph 16 of the Schedule). All appeals relating to a civil sanction are to the First-tier Tribunal. Regulation 8 gives enforcement officers powers to carry out investigations for an authorised purpose (as defined in regulation 2). Regulation 9 gives enforcement officers powers of entry to carry out an investigation for an authorised purpose (as defined in regulation 2). Regulation 10 creates offences associated with enforcement officers’ powers in regulations 8 and 9. Regulation 11 provides for publication of information on enforcement action taken by the regulator, and regulations 12 and 13 provide that guidance relating to the use of civil sanctions must be prepared and consulted on and specify information to be included in such guidance. Regulation 14 contains provision for review of the Regulations. Regulators are able to recover the costs of enforcement (paragraph 27 of the Schedule) in the case of variable monetary penalties, compliance notices and stop notices. These Regulations were notified in draft to the European Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ No. L 241, 17.9.2015, p. 1). The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory assessment has been prepared as to the likely costs and benefits of complying with these Regulations in Wales. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Offences created by this instrument

Where a person on whom a stop notice is served does not comply with it within the time limit specified in the notice,… paragraph 16(1) of Schedule THE SCHEDULE · Status not determined · Strict liability
A person commits an offence if in response to powers exercised under regulations 8 and 9 that person— a fails to… regulation 10(1) · Status not determined · Requires proof of a state of mind
A person who, in the manufacture of any rinse-off personal care product, uses microbeads as an ingredient of that… regulation 3(1) · Status not determined · Strict liability
A person who supplies, or offers to supply, any rinse-off personal care product containing microbeads is guilty of an… regulation 3(2) · 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

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

Check the source

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