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;
· 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.