Environment Bill (HC Bill 3)
SCHEDULE 20 continued
Contents page 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-230 Last page
Environment BillPage 230
(b) in the manner which the Secretary of State considers appropriate.
(7) Regulations under this paragraph are subject to the affirmative procedure.
Amendment of the REACH Enforcement Regulations 2008
2
(1)
The Secretary of State may by regulations amend the REACH Enforcement
5Regulations 2008 (S.I. 2008/2852).
(2)
The Secretary of State may make regulations under this paragraph only if
the Secretary of State considers that the provision made by the regulations is
necessary or appropriate for, or in connection with, enforcement of the
REACH Regulation.
(3)
10The provision that may be made by regulations under this paragraph
includes—
(a) provision creating, or widening the scope of, a criminal offence;
(b) provision specifying the punishment for a criminal offence.
(4)
But regulations under this paragraph may not provide for a criminal
15offence—
(a) under the law of England and Wales to be—
(i)
punishable on conviction on indictment with imprisonment
for more than two years, or
(ii)
punishable on summary conviction with imprisonment for
20more than the prescribed term for England and Wales or with
a fine that is calculated on a daily basis of more than £100 a
day;
(b) under the law of Scotland to be—
(i)
punishable on conviction on indictment with imprisonment
25for more than two years, or
(ii)
punishable on summary conviction with imprisonment for
more than the prescribed term for Scotland or with a fine of
more than the applicable maximum for Scotland (if not
calculated on a daily basis) or a fine of more than £100 a day;
(c) 30under the law of Northern Ireland to be—
(i)
punishable on conviction on indictment with imprisonment
for more than two years, or
(ii)
punishable on summary conviction with imprisonment for
more than three months or with a fine of more than level 5 on
35the standard scale (if not calculated on a daily basis) or a fine
of more than £100 a day.
(5) In sub-paragraph (4)—
-
“applicable maximum for Scotland” means—
(a)level 5 on the standard scale, where the offence is a summary
40offence;(b)the statutory maximum, where the offence is triable either
way; -
“prescribed term for England and Wales” means—
(a)51 weeks, where the offence is a summary offence;
(b)4512 months, where the offence is triable either way;
-
“prescribed term for Scotland” means—
(a)3 months, where the offence is a summary offence;
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(b)12 months, where the offence is triable either way.
(6)
But, in the definition of “prescribed term for England and Wales” in sub-
paragraph (5)—
(a)
the reference to 51 weeks is to be read, until the commencement of
5section 281(5) of the Criminal Justice Act 2003, as a reference to 3
months;
(b)
the reference to 12 months is to be read, until the commencement of
section 282(3) of the Criminal Justice Act 2003, as a reference to 3
months.
(7) 10Regulations under this paragraph are subject to the affirmative procedure.
Consent of the devolved administrations
3
(1)
The power of the Secretary of State to make regulations under this Schedule
is subject to the consent requirement in Article 4A of the REACH Regulation.
(2)
Accordingly, in Article 4A(1) of the REACH Regulation, the reference to the
15REACH Regulation is to be read as including a reference to this Schedule.
Requests by devolved administrations for exercise of powers under this Schedule
4
The Secretary of State must consider any request made by a relevant
devolved authority for the Secretary of State to make regulations under this
Schedule.
20Consultation
5
(1)
Before making regulations under this Schedule the Secretary of State must
consult—
(a) the Agency,
(b)
any person nominated by a relevant devolved authority as a
25consultee for the consultation in question, and
(c) such other persons the Secretary of State considers appropriate.
(2)
The nomination of a person as a consultee by a relevant devolved authority
is to be made by that authority to the Secretary of State.
The protected provisions
6
30In paragraph 1 “protected provision of the REACH Regulation” means any
of the provisions of the REACH Regulation set out in the following table—
Fundamental principles |
| Article 1 (aim and scope of the REACH Regulation) |
| 35Article 5 (the principle of “no data, no market”) |
| Article 25(1) (animal testing as a last resort) |
| Article 35 (access to information for workers) |
| Article 45 (evaluation of substances on the rolling action plan) |
| Article 48 (follow-up to substance evaluation) |
| Article 55 (the aim of Title VII, which is about authorisation of substances) |
| Article 67(1) (effect of restrictions contained in Annex XVII) |
| Article 92 or 93 (appeals) |
| 5Article 111, first subparagraph (formats and software for submission of information to the Agency) |
| Article 123 (communication to the public of information on risks of substances) |
10Role of the devolved administrations |
| Article 4A (the consent requirement) |
| Article 129(1) (the safeguard clause: basic principles) |
Transparency |
| 15Article 54 (publication of information on evaluation) |
| Article 64(6) (publication of Agency authorisation opinions) |
| Article 72(2) (publication of Agency restriction opinions) |
| Article 77(A4) (Agency to act in a way that ensures a high degree of transparency) and (2)(e) (database(s) of registered substances) |
| 20Article 109 (general rules on transparency for the Agency) |
Collaboration between the Agency and other bodies |
| Article 95 (conflicts of opinion with other bodies) |
| Article 108 (contacts with stakeholder organisations) |
| 25Article 110 (relations with relevant public bodies) |
Annexes |
| The Annexes |
Other interpretation
7 30In this Schedule—
-
“Agency” has the same meaning as in the REACH Regulation (see
Article 2A of the Regulation); -
“REACH Regulation” means Regulation (EC) No 1907/2006 of the
European Parliament and of the Council concerning the Registration,
35Evaluation, Authorisation and Restriction of Chemicals (REACH),
establishing a European Chemicals Agency; -
“relevant devolved authority” means—
(a)the Scottish Ministers,
(b)the Welsh Ministers, or
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(c)the Department of Agriculture, Environment and Rural
Affairs or the Department for the Economy in Northern
Ireland.