Environment Act 2021

Amendment of the REACH Enforcement Regulations 2008

2 (1) The Secretary of State or a relevant devolved authority may by regulations amend the REACH Enforcement Regulations 2008 (S.I. 2008/2852).

(2) The Secretary of State or a relevant devolved authority may make regulations under this paragraph only if the Secretary of State or the authority considers that the provision made by the regulations is necessary or appropriate for, or in connection with, enforcement of the REACH Regulation.

(3) The 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 offence—

(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 more 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 for 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) under 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 the 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 offence;

  (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)

  12 months, where the offence is triable either way;

• “prescribed term for Scotland” means—

  (a)

  3 months, where the offence is a summary offence;

  (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 section 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) Regulations under this paragraph—

(a) made by the Welsh Ministers, may contain only provision which, if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd;

(b) made by the Scottish Ministers, may contain only provision which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament;

(c) made by the Department of Agriculture, Environment and Rural Affairs or the Department for the Economy in Northern Ireland may contain only provision which, if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.

(8) Regulations under this paragraph are subject to the affirmative procedure.