Environment Bill (HC Bill 3)

(3) Part 2 regulations must secure that the authority of a warrant is required for
the exercise of any powers conferred by the regulations to—

(a) enter premises by force;

(b) enter a private dwelling without the consent of the occupier;

(c) 5search and seize material.

Sanctions

16 (1) Part 2 regulations may include provision—

(a) for the imposition of civil sanctions in respect of—

(i) failures to comply with Part 1 regulations or Part 2
10regulations, or

(ii) the obstruction of or failure to assist an enforcement
authority;

(b) for appeals against such sanctions.

(2) Part 2 regulations may include provision—

(a) 15creating criminal offences punishable with a fine in respect of—

(i) failures to comply with civil sanctions imposed under Part 2
regulations, or

(ii) the obstruction of or failure to assist an enforcement
authority;

(b) 20about such offences.

(3) In this paragraph “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement and
Sanctions Act 2008 (fixed monetary penalties, discretionary requirements,
stop notices and enforcement undertakings).

(4) 25Part 2 regulations may include provision for the imposition of sanctions of
that kind whether or not—

(a) the enforcement authority is a regulator, or the conduct in respect of
which the sanction is imposed is a relevant offence, for the purposes
of Part 3 of that Act, or

(b) 30the relevant national authority may make provision for the
imposition of sanctions under that Part.

Costs

17 Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations
35to pay charges, as a means of recovering costs incurred by an enforcement
authority in performing its functions;

(b) authorising a court or tribunal dealing with any matter under Part 1
regulations or Part 2 regulations to award to an enforcement
authority costs incurred by it in performing its functions in relation
40to that matter.

Consultation requirements

18 Before making regulations under this Part of this Schedule the relevant
national authority must consult any persons the authority considers
appropriate.

Section 47

SCHEDULE 7 Resource efficiency information

Part 1 Requirements

5General power

1 (1) The relevant national authority may by regulations make provision for the
purposes of requiring specified persons, in specified circumstances, to
provide specified information about the resource efficiency of specified
products.

(2) 10The regulations may not make such provision in relation to a product which
is—

(a) a medicinal product, within the meaning of the Human Medicines
Regulations 2012 (S.I. 2012/1916);

(b) a veterinary medicinal product, within the meaning of the
15Veterinary Medicines Regulations 2013 (S.I. 2013/2033);

(c) food, within the meaning of article 2 of Regulation (EC) No. 178/
2002 of the European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements of food
law, establishing the European Food Safety Authority and laying
20down procedures in matters of food safety.

(3) Sub-paragraph (2) does not prevent the regulations making provision in
relation to a product which is not within that sub-paragraph, but is
packaging for a product which is within that sub-paragraph.

Meaning of “information about resource efficiency”

2 (1) 25Information about resource efficiency, in relation to a product, means
information which—

(a) is within sub-paragraph (2) or (3), and

(b) is relevant to the product’s impact on the natural environment.

(2) The information within this sub-paragraph is information about—

(a) 30the expected life of the product;

(b) aspects of the product’s design which affect its expected life;

(c) the availability or cost of component parts, tools, or anything else
required to repair or maintain the product;

(d) whether the product can be upgraded, and the availability or cost of
35upgrades;

(e) any other matter relevant to repairing, maintaining,
remanufacturing or otherwise prolonging the expected life of, the
product;

(f) the ways in which the product can be disposed of at the end of its life
40(including whether and to what extent it can be recycled, and
whether materials used in it can be extracted and reused or recycled).

(3) The information within this sub-paragraph is information about—

(a) the materials from which the product is manufactured;

(b) the techniques used in its manufacture;

(c) the resources consumed during its production or use;

(d) the pollutants (including greenhouse gases within the meaning of
section 92 of the Climate Change Act 2008) released or emitted at any
5stage of the product’s production, use or disposal.

Persons on whom requirements may be imposed

3 The regulations may impose requirements to provide information in
relation to a product on a person only if the person is a person connected
with the manufacture, import, distribution, sale or supply of the product.

10Examples of provision that may be made

4 The regulations may include provision—

(a) about how information about a product is to be provided (for
example, by affixing a label to the product);

(b) conferring on specified persons the function of determining whether
15specified products or materials have specified properties or
characteristics (for example, whether they can be recycled) and
publishing the results of such determinations;

(c) specifying a scheme for classifying products by reference to matters
about which resource efficiency information must be provided;

(d) 20requiring information provided about a product to be determined
according to specified criteria (for example, according to results
published by virtue of paragraph (b) or classification schemes under
paragraph (c)).

Consultation etc requirements

5 (1) 25Before making regulations under this Part of this Schedule the relevant
national authority must—

(a) consult any persons the authority considers appropriate, and

(b) have regard to the matters in sub-paragraph (2).

(2) The matters are—

(a) 30the extent to which the proposed regulations are likely to reduce the
product’s impact on the natural environment at any stage of its
production, use or disposal;

(b) the environmental, social, economic or other costs of complying with
the regulations;

(c) 35whether exemptions should be given, or other special provision
made, for smaller businesses.

Interpretation

6 In this Part of this Schedule—

• “natural environment” has the same meaning as in Part

  401

  of this Act
  (see section 39);

• “product” includes a product which is a component part of, or
  packaging for, another product;

• 45“specified” means specified in, or determined in accordance with, the
  regulations.

Part 2 Enforcement

General power

7 The relevant national authority may by regulations (“Part 2 regulations”)
5make provision about the enforcement of requirements imposed by
regulations (“Part 1 regulations”) made by the authority under Part 1 of this
Schedule.

Powers to confer functions

8 (1) Part 2 regulations may include provision conferring functions on one or
10more persons specified in the regulations (each of whom is an “enforcement
authority” for the purposes of this Part).

(2) Part 2 regulations may include provision—

(a) conferring functions involving the exercise of discretion;

(b) for the functions of an enforcement authority to be exercised on its
15behalf by persons authorised in accordance with the regulations.

(3) Part 2 regulations may include provision requiring an enforcement
authority to issue guidance about the exercise of its functions.

Monitoring compliance

9 Part 2 regulations may include provision conferring on an enforcement
20authority the function of monitoring compliance with requirements
imposed by Part 1 regulations (which may include the function of testing or
assessing products).

Records and information

10 Part 2 regulations may include provision—

(a) 25requiring persons on whom requirements are imposed by Part 1
regulations to keep records;

(b) requiring persons on whom requirements are imposed by Part 1
regulations to provide records or other information to an
enforcement authority;

(c) 30requiring an enforcement authority to make reports or provide
information to the relevant national authority.

Powers of entry etc

11 (1) Part 2 regulations may include provision conferring on an enforcement
authority powers of entry, inspection, examination, search and seizure.

(2) 35Part 2 regulations may include provision—

(a) for powers to be exercisable only under the authority of a warrant
issued by a justice of the peace, sheriff, summary sheriff or lay
magistrate;

(b) about applications for, and the execution of, warrants.

(3) Part 2 regulations must secure that the authority of a warrant is required for
the exercise of any powers conferred by the regulations to—

(a) enter premises by force;

(b) enter a private dwelling without the consent of the occupier;

(c) 5search and seize material.

Sanctions

12 (1) Part 2 regulations may include provision—

(a) for the imposition of civil sanctions in respect of—

(i) failures to comply with Part 1 regulations or Part 2
10regulations, or

(ii) the obstruction of or failure to assist an enforcement
authority;

(b) for appeals against such sanctions.

(2) Part 2 regulations may include provision—

(a) 15creating criminal offences punishable with a fine in respect of—

(i) failures to comply with civil sanctions imposed under Part 2
regulations, or

(ii) the obstruction of or failure to assist an enforcement
authority;

(b) 20about such offences.

(3) In this paragraph “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement and
Sanctions Act 2008 (fixed monetary penalties, discretionary requirements,
stop notices and enforcement undertakings).

(4) 25Part 2 regulations may include provision for the imposition of sanctions of
that kind whether or not—

(a) the enforcement authority is a regulator, or the conduct in respect of
which the sanction is imposed is a relevant offence, for the purposes
of Part 3 of that Act, or

(b) 30the relevant national authority may make provision for the
imposition of sanctions under that Part.

Costs

13 Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1
35regulations to pay costs incurred by an enforcement authority in
performing its functions;

(b) authorising a court or tribunal dealing with any matter under Part 1
regulations or Part 2 regulations to award to an enforcement
authority costs incurred by it in performing its functions in relation
40to that matter.

Consultation requirement

14 Before making Part 2 regulations the relevant national authority must
consult any persons the authority considers appropriate.

Section 48

SCHEDULE 8 Resource efficiency requirements

Part 1 Requirements

5General power

1 (1) The relevant national authority may by regulations make provision for the
purposes of requiring specified products, in specified circumstances, to meet
specified resource efficiency requirements.

(2) The regulations may not make such provision in relation to a product which
10is—

(a) an energy-related product, within the meaning of the Ecodesign for
Energy-Related Products Regulations 2010 (S.I. 2010/2617);

(b) a medicinal product, within the meaning of the Human Medicines
Regulations 2012 (S.I. 2012/1916);

(c) 15a veterinary medicinal product, within the meaning of the
Veterinary Medicines Regulations 2013 (S.I. 2013/2033);

(d) food, within the meaning of article 2 of Regulation (EC) No. 178/
2002 of the European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements of food
20law, establishing the European Food Safety Authority and laying
down procedures in matters of food safety.

(3) Sub-paragraph (2) does not prevent the regulations making provision in
relation to a product which is not within that sub-paragraph, but is
packaging for a product which is within that sub-paragraph.

25Meaning of “resource efficiency requirements”

2 (1) “Resource efficiency requirements”, in relation to a product, means
requirements which—

(a) are within sub-paragraph (2) or (3), and

(b) are relevant to the product’s impact on the natural environment.

(2) 30The requirements within this sub-paragraph are requirements relating to—

(a) aspects of the product’s design which affect its expected life;

(b) the availability or cost of component parts, tools, or anything else
required to repair or maintain the product;

(c) whether the product can be upgraded, and the availability or cost of
35upgrades;

(d) any other matter relevant to repairing, maintaining,
remanufacturing or otherwise prolonging the expected life of, the
product;

(e) the ways in which the product can be disposed of at the end of its life
40(including whether and to what extent it can be recycled, and
whether materials used in it can be extracted and reused or recycled).

(3) The requirements within this sub-paragraph are requirements relating to—

(a) the materials from which the product is manufactured;

(b) the techniques used in its manufacture;

(c) the resources consumed during its production or use;

(d) the pollutants (including greenhouse gases within the meaning of
section 92 of the Climate Change Act 2008) released or emitted at any
5stage of the product’s production, use or disposal.

(4) Resource efficiency requirements may be specified by reference to standards
prepared by a specified person.

Persons on whom requirements may be imposed

3 The regulations may impose resource efficiency requirements on a person
10only if the person is connected with the manufacture, import, distribution,
sale or supply of the product.

Examples of provision that may be made

4 (1) The regulations may include provision—

(a) prohibiting a product being distributed, sold or supplied unless it
15meets resource efficiency requirements;

(b) requiring persons connected with the manufacture, import,
distribution, sale or supply of a product to provide information to
other such persons.

(2) The regulations may include provision—

(a) 20about how and by whom a product’s compliance with resource
efficiency requirements is to be determined;

(b) for appeals against such determinations;

(c) about how a product’s compliance with resource efficiency
requirements is to be evidenced (for example, by affixing a label or
25applying a marking to a product).

Consultation etc requirements

5 (1) Before making regulations under this Part of this Schedule the relevant
national authority must—

(a) consult such persons as the authority considers appropriate, and

(b) 30where sub-paragraph (2) or (3) applies, publish for the purposes of
the consultation—

(i) the authority’s assessment of the matters it must be satisfied
of, and

(ii) a draft of the regulations.

(2) 35Before making regulations under this Part of this Schedule in relation to a
new product, the relevant national authority must be satisfied that—

(a) the product has a significant impact on the natural environment at
any stage of its production, use or disposal,

(b) the proposed regulations would be likely to reduce the product’s
40impact on the natural environment,

(c) the benefit of that would be significant as against the likely
environmental, social, economic or other costs of the proposed
regulations, and

(d) a reduction in the product’s impact on the natural environment
45could not be achieved as effectively without making the regulations.

(3) Before making regulations under this Part of this Schedule which—

(a) specify additional resource efficiency requirements in relation to a
product, or

(b) specify additional persons who must meet resource efficiency
5requirements in relation to a product,

the relevant national authority must be satisfied of the matters in sub-
paragraph (2)(b) to (d).

(4) A “new product” means a product in relation to which there are no existing
regulations made by the relevant national authority under this Part of this
10Schedule.

(5) Before making regulations under this Part of this Schedule the relevant
national authority must consider whether exemptions should be given, or
other special provision made, for smaller businesses.

Interpretation

6 15In this Part of this Schedule—

• “natural environment” has the same meaning as in Part

  1

  of this Act
  (see section 39);

• 20“product” includes a product which is a component part of, or
  packaging for, another product;

• “specified” means specified in, or determined in accordance with, the
  regulations.

Part 2 25Enforcement

General power

7 The relevant national authority may by regulations (“Part 2 regulations”)
make provision about the enforcement of requirements imposed by
regulations (“Part 1 regulations”) made by the authority under Part 1 of this
30Schedule.

Powers to confer functions

8 (1) Part 2 regulations may include provision conferring functions on one or
more persons specified in the regulations (each of whom is an “enforcement
authority” for the purposes of this Part).

(2) 35Part 2 regulations may include provision—

(a) conferring functions involving the exercise of discretion;

(b) for the functions of an enforcement authority to be exercised on its
behalf by persons authorised in accordance with the regulations.

(3) Part 2 regulations may include provision requiring an enforcement
40authority to issue guidance about the exercise of its functions.

Monitoring compliance

9 Part 2 regulations may include provision conferring on an enforcement
authority the function of monitoring compliance with requirements

imposed by Part 1 regulations (which may include the function of testing or
assessing products).

Records and information

10 Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1
5regulations to keep records;

(b) requiring persons on whom requirements are imposed by Part 1
regulations to provide records or other information to an
enforcement authority;

(c) requiring an enforcement authority to make reports or provide
10information to the relevant national authority.

Powers of entry etc

11 (1) Part 2 regulations may include provision conferring on an enforcement
authority powers of entry, inspection, examination, search and seizure.

(2) Part 2 regulations may include provision—

(a) 15for powers to be exercisable only under the authority of a warrant
issued by a justice of the peace, sheriff, summary sheriff or lay
magistrate;

(b) about applications for, and the execution of, warrants.

(3) Part 2 regulations must secure that the authority of a warrant is required for
20the exercise of any powers conferred by the regulations to—

(a) enter premises by force;

(b) enter a private dwelling without the consent of the occupier;

(c) search and seize material.

Sanctions

12 (1) 25Part 2 regulations may include provision—

(a) for the imposition of civil sanctions in respect of—

(i) failures to comply with Part 1 regulations or Part 2
regulations, or

(ii) the obstruction of or failure to assist an enforcement
30authority;

(b) for appeals against such sanctions.

(2) Part 2 regulations may include provision—

(a) creating criminal offences punishable with a fine in respect of—

(i) failures to comply with civil sanctions imposed under Part 2
35regulations, or

(ii) the obstruction of or failure to assist an enforcement
authority;

(b) about such offences.

(3) In this paragraph “civil sanction” means a sanction of a kind for which
40provision may be made under Part 3 of the Regulatory Enforcement and
Sanctions Act 2008 (fixed monetary penalties, discretionary requirements,
stop notices and enforcement undertakings).

(4) Part 2 regulations may include provision for the imposition of sanctions of
that kind whether or not—

(a) the enforcement authority is a regulator, or the conduct in respect of
which the sanction is imposed is a relevant offence, for the purposes
5of Part 3 of that Act, or

(b) the relevant national authority may make provision for the
imposition of sanctions under that Part.

Costs

13 Part 2 regulations may include provision—

(a) 10requiring persons on whom requirements are imposed by Part 1
regulations to pay costs incurred by an enforcement authority in
performing its functions;

(b) authorising a court or tribunal dealing with any matter under Part 1
regulations or Part 2 regulations to award to an enforcement
15authority costs incurred by it in performing its functions under the
regulations in relation to that matter.

Consultation requirement

14 Before making Part 2 regulations the relevant national authority must
consult any persons the authority considers appropriate.

Section 49

20SCHEDULE 9 Deposit schemes

Power to establish deposit schemes

1 (1) The relevant national authority may by regulations establish deposit
schemes for any of the following purposes—

(a) 25sustaining, promoting or securing an increase in the recycling or
reuse of materials;

(b) reducing the incidence of littering or fly-tipping.

(2) A deposit scheme is a scheme under which—

(a) a person supplied with a deposit item by a scheme supplier pays the
30supplier an amount (a “deposit”), and

(b) a person who provides a deposit item to a scheme collector is entitled
to be paid an amount (a “refund”) in respect of that item by the
collector.

(3) A “deposit item” is a specified item that is supplied—

(a) 35by way of sale, or

(b) in connection with the supply of goods or services.

(4) A deposit scheme may make provision about the circumstances in which a
deposit or refund is to be paid in respect of a deposit item.

(5) A person may be specified—

(a) 40as a scheme supplier if the person is a supplier or producer of deposit
items;