Includes 8 Information Paragraphs on 9 Instruments - Secondary Legislation Scrutiny Committee Contents


APPENDIX 1: RESTRICTION OF THE USE OF CERTAIN HAZARDOUS SUBSTANCS IN ELECTRICAL AND ELECTRONIC EQUIPMENT REGULATIONS 2012 (SI 2012/3032)


Supplementary information from the Department for Business, Innovation and Skills

Q1: Given the provisions in Regulations 37 ("Offences"), 39 ("Penalties"), 40 ("Remediation orders") and 41 ("Recovery of expenses of enforcement"), could enforcement expenses still be recovered in any case where a remediation order had been made?

A1: The answer is that, if someone is convicted under regulation 37(1)(a), (2)(a) and (3)(a) or under Schedule 3, paragraph 9, a court could impose an expenses recovery order under regulation 41(2) and impose this alongside a remediation order under regulation 40. But, if a remediation order is imposed, regulation 40(4) has the effect that the person subject to the order cannot, in the period specified in the order, be guilty of an offence in respect of the same matter and so they could not be subject to any further order under regulation 41 in respect of that matter.

Q2: In Schedule 1, Part 2 of the Regulations, equipment designed to be sent into space is included among the equipment to which the Regulations do not apply: is such equipment covered by other legislation?

A2: We believe there are two areas of legislation that potentially apply to items sent into space.

1. The Outer Space Act

The Outer Space Act 1986 (the Act) is the legal basis for the regulation of activities in outer space carried out by organisations or individuals established in the United Kingdom or one of its Overseas Territories (OTs) or Crown Dependencies (CDs). The Act confers licensing and other powers on the Secretary of State for Business, Innovation and Skills acting through the UK Space Agency. This was introduced in 1986 to manage the UK's obligations under various UN Space Treaties and Principles.

In essence, these international agreements make the UK government responsible for ensuring that space activities carried out by UK individuals or organisations:

·  do not jeopardise public health or the safety of persons or property; and

·  are consistent with the international obligations of the UK.

The agreements also mean that the UK government must:

·  maintain and make available a register of space objects launched by UK organisations or individuals;

·  accept liability for 3rd party damage; and

·  seek to ensure that the activity will not impair national security.

"The most likely impact for items of EEE sent into space would therefore be in safety and items falling back to earth that did not burn up in the atmosphere on re-entry.

2. Export control

This can be through export control licensing for equipment for items such as satellite motors etc. An example is restrictions on radioactive materials.


 
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