The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

Allocation of enforcement responsibility E+W+S

9.—(1) Notwithstanding the 1998 Regulations, and subject to [F1 section 18(1A) of the 1974 Act and to paragraphs (2) to (7)], the enforcing authority for regulations 12 and 13(2) of these Regulations and the Biocides Regulation is the Health and Safety Executive or [F2 the Office of Rail and Road], determined in accordance with the provisions of the 2006 Regulations.

(2) Where a biocidal product or treated article is placed on the market or made available on the market—

(a) in or from any shop, mobile vehicle, market stall or other retail outlet; or

(b) otherwise to members of the public, including by way of free sample, prize or mail order,

the enforcing authority for regulation 12 of these Regulations and for the Articles of the Biocides Regulation listed in paragraph (3) is the local weights and measures authority.

(3) The Articles referred to in paragraph (2) are—

(a) Article 17(1), in so far as it relates to making biocidal products available on the market;

(b) Article 58(2) to (6);

(c) Article 69(1) and (2); and

(d) Article 95(3).

(4) The enforcing authority for Article 72 of the Biocides Regulation is the local weights and measures authority.

(5) Subject to [F3 section 18(1A) of the 1974 Act and] paragraph (6), the 1998 Regulations apply to the enforcement of Article 17(1) (in so far as it relates to the use of biocidal products) and Articles 17(5), 56(1) and (2) of the Biocides Regulation.

(6) The enforcing authority for Article 17(1) (in so far as it relates to the use of biocidal products) and Article 17(5) of the Biocides Regulation—

(a) in respect of any use not related to an activity involving work; or

(b) in respect of any use by a domestic servant in a private household,

is the local authority for the area in which the use occurs.

[F4 (7) Paragraph (6) does not apply in relation to any use which occurs on premises which are or are on—

(a) an authorised defence site (within the meaning given in regulation 2(1) of the 1998 Regulations);

(b) a new nuclear build site (within the meaning given in regulation 2A of those Regulations).]

Textual Amendments

F1 Words in reg. 9(1) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 147(2) (with Sch. 4)

F2 Words in reg. 9(1) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 10(jj)

F3 Words in reg. 9(5) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 147(3) (with Sch. 4)

F4 Reg. 9(7) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 147(4) (with Sch. 4)

Commencement Information

I1 Reg. 9 in force at 1.9.2013, see reg. 2(1)