The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015

PART 1N.I.Introductory provisions

Citation, commencement and applicationN.I.

1.—(1) These Regulations may be cited as the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015 and come into operation on 31st January 2016.

(2) They apply to Northern Ireland F1... only in so far as they do not deal with import and export controls and trade with any place outside the United Kingdom, within the meaning of paragraph 20 of Schedule 3 to the Northern Ireland Act 1998 M1.

Textual Amendments

Marginal Citations

Interpretation: generalN.I.

2.—(1) In these Regulations—

[F2“the Interpretation Act” means the Interpretation Act (Northern Ireland) 1954;]

“authorised person” means a person authorised under regulation 19;

“the Department” means the [F3Department of Agriculture, Environment and Rural Affairs] ;

“enforcement notice” means an enforcement notice served under regulation 23;

“enforcing authority” means—

(a)

as regards Northern Ireland, the Department or the district council, except where otherwise provided for in sub-paragraph (b);

(b)

as regards Northern Ireland offshore installations—

(i)

in relation to offshore installations used in connection with any of the activities described in regulation 4(1)(a) to (f), the Secretary of State;

(ii)

in relation to offshore installations used in connection with any of the activities described in regulation 4(1)(g), the Department;

“premises” includes—

(a)

land;

(b)

a vehicle or trailer;

(c)

an aircraft;

(d)

a ship;

(e)

a Northern Ireland offshore installation or part of a Northern Ireland offshore installation; and

“ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which permanently rests on or is permanently attached to the seabed.

[F4(2) The Interpretation Act applies to these Regulations as it applies to an Act of the Assembly.

(3) Section 20A (references to EU instruments) of the Interpretation Act 1978 applies to these Regulations as it applies to Acts of Parliament.]

Textual Amendments

Interpretation: EU RegulationsN.I.

3.—(1) In these Regulations—

“the 2014 Regulation” means Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 M2;

F5...

“Commission Regulation 1497/2007” means Commission Regulation (EC) No 1497/2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the

Council, standard leakage checking requirements for stationary fire protection systems containing certain fluorinated greenhouse gases M3;

“Commission Regulation 1516/2007” means Commission Regulation (EC) No 1516/2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the

Council, standard leakage checking requirements for stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases M4;

F6...

“Commission Regulation 304/2008” means Commission Regulation (EC) No 304/2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the

Council, minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases M5;

F7...

“Commission Regulation 306/2008” means Commission Regulation (EC) No 306/2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the

Council, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment M6;

“Commission Regulation 307/2008” means Commission Regulation (EC) No 307/2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the

Council, minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel as regards air conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases M7;

F8... F9...

“Commission Regulation 1191/2014” means Commission Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases M8[F10;]

[F11“Commission Regulation 2015/2065” means Commission Implementing Regulation (EU) 2015/2065 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format for notification of the training and certification programmes of the Member States;

“Commission Regulation 2015/2066” means Commission Implementing Regulation (EU) 2015/2066 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons carrying out installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switchgear;

“Commission Regulation 2015/2067” means Commission Implementing Regulation (EU) 2015/2067 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases and for the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment, containing fluorinated greenhouse gases; and

“Commission Regulation 2015/2068” means Commission Implementing Regulation (EU) 2015/2068 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format of labels for products and equipment containing fluorinated greenhouse gases.]

(2) Expressions used but not defined in these Regulations and used in the following legislation have the same meaning as they have in that legislation—

(a)the 2014 Regulation;

[F12(b)Commission Regulation 1497/2007;]

[F12(c)Commission Regulation 1516/2007;]

[F12(d)Commission Regulation 304/2008;]

[F12(e)Commission Regulation 306/2008;]

[F12(f)Commission Regulation 307/2008;]

[F12(g)Commission Regulation 1191/2014;]

[F12(h)Commission Regulation 2015/2065;]

[F12(i)Commission Regulation 2015/2066;]

[F12(j)Commission Regulation 2015/2067; and]

[F12(k)Commission Regulation 2015/2068.]

[F13(3) A reference in these Regulations to Commission Regulation 1191/2014 is a reference to that Commission Regulation as amended from time to time.]

Textual Amendments

Marginal Citations

M2OJ No L 150, 20.5.2014, p 195.

M3OJ No L 333, 19.12.2007, p 4.

M4OJ No L 335, 20.12.2007, p 10.

M5OJ No L 92, 3.4.2008, p 12.

M6OJ No L 92, 3.4.2008, p 21. There is a relevant corrigendum, OJ No L 280, 23.10.2008, p 38.

M7OJ No L 92, 3.4.2008, p 25.

M8OJ No L 318, 5.11.2014, p 5

Interpretation: offshore installationsN.I.

4.—(1) In these Regulations, “Northern Ireland offshore installation” means an installation or a structure [F14(other than a ship)] which is situated in the marine area and used [F15, or intended to be used or has been used,] in connection with any of the following activities—

(a)the exploitation, or exploration with a view to exploitation, of mineral resources in the marine area;

(b)the exploration of any place in the marine area, with a view to the storage of gas;

(c)the conversion of any place in the marine area for the purpose of storing gas;

(d)the storage of gas in the marine area or the recovery of gas so stored;

(e)the unloading of gas at any place in the marine area;

(f)the conveyance of things by means of a pipe, or system of pipes, constructed or placed in the marine area; and

(g)the production of energy from water or wind.

(2) In paragraph (1)—

(a)references (in whatever form) to storing gas include storing gas with a view to its permanent disposal; and

(b)“gas” means—

(i)gas within the meaning of section 2(4) of the Energy Act 2008 M9; or

(ii)carbon dioxide.

(c)“marine area” means the area (together with the places above and below it) comprising the waters of, or on or under the seabed in—

(i)the Northern Ireland inshore region; or

(ii)the sea in any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 M10 in respect to which any Northern Ireland department has functions designated by an order made under section 41(4) of that Act.

(d)each of the activities described include the provision of access to or accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, in connection with such an activity.

(3) In paragraph (2), “Northern Ireland inshore region” has the meaning given in section 322(1) of the Marine and Costal Access Act 2009 (interpretation).

Textual Amendments

Marginal Citations

Competent authorityN.I.

5.  The Department is the competent authority for the purposes of the 2014 Regulation in so far as that Regulation does not deal with import and export controls and trade with any place outside the United Kingdom, within the meaning of paragraph 20 of Schedule 3 to the Northern Ireland Act 1998.

[F16Service of noticesN.I.

5A.—(1) Section 24 (service of documents) of the Interpretation Act applies to the service of notices subject to this regulation and any specific provision made in these Regulations for a particular type of notice.

(2) A notice takes effect when served.

(3) A notice may, subject to paragraph (8) and without prejudice to the application of section 24(2) of the Interpretation Act, be served on a person by sending it to the person by electronic means.

(4) A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business at the address of the principal office of the partnership.

(5) For the purposes of this regulation, the principal office of a company registered outside the United Kingdom, or of a partnership undertaking business outside the United Kingdom, is its principal office within the United Kingdom.

(6) If a person has specified an address in the United Kingdom, other than the person’s address within the meaning of paragraph (4) or section 24 of the Interpretation Act, as the one at which the person or someone on the person’s behalf will accept notices of the same description as a notice, that address is also treated for the purposes of this regulation and section 24 of the Interpretation Act as the person’s address by which service may be effected.

(7) A notice may be sent to a person by electronic means only if—

(a)the person has indicated that notices of the same description as the notice may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose; and

(b)the notice is sent to that address in that form.

(8) A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given at 9am on the working day immediately following the day on which it was sent.

(9) In this regulation—

(a)“electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means; and

(b)“notice” means an information notice served under regulation 22 or an enforcement notice.]

Textual Amendments

PART 2N.I.Certification, evaluation and attestation

[F17Appointment of certification, attestation and evaluation bodiesN.I.

6.—(1) The Department, after consulting the Scottish Ministers, the Welsh Ministers and the Secretary of State, may appoint such person and on such terms as the Department thinks fit to be—

(a)in relation to Commission Regulation 304/2008—

(i)a certification body for the purposes of Article 5 (personnel certificates);

(ii)an evaluation body for the purposes of Article 5; and

(iii)a certification body for the purposes of Article 8 (company certificates);

(b)for the purposes of Commission Regulation 306/2008—

(i)a certification body; and

(ii)an evaluation body;

(c)for the purposes of Commission Regulation 307/2008, an attestation body;

(d)for the purposes of Commission Regulation 2015/2066—

(i)a certification body; and

(ii)an evaluation body;

(e)in relation to Commission Regulation 2015/2067—

(i)a certification body for the purposes of Article 4 (certificates for natural persons);

(ii)an evaluation body for the purposes of Article 4; and

(iii)a certification body for the purposes of Article 6 (company certificates).

(2) The Department may charge such fees as it considers will enable the recovery of any reasonable expenses incurred in reviewing an application to be appointed as a certification, evaluation and/or attestation body under paragraph (1).

(3) The Department may, after consulting the Scottish Ministers, the Welsh Ministers and the Secretary of State, decide to terminate the appointment of a person appointed under paragraph (1) by giving that person notice of the decision, with reasons, in writing.]

Textual Amendments

Certificates, relating to stationary refrigeration, air conditioning and heat pump equipment, issued in EEA States and Great BritainN.I.

7.—(1) A person who holds a valid certificate issued under [F18Article 4 or 6 of Commission Regulation 2015/2067] by a certification body in an EEA State other than the United Kingdom in respect of an activity mentioned in Article 2 of that Regulation cannot carry out that activity unless—

(a)the certificate is written in English; or

(b)the person holds a translation of the certificate in English.

(2) A person who holds a valid certificate issued under [F18Article 4 or 6 of Commission Regulation 2015/2067] by a certification body appointed in Great Britain in respect of an activity mentioned in Article 2 of that Regulation may carry out that activity.

Textual Amendments

Certification and evaluation bodies: fire protection systems and fire extinguishersN.I.

F198.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certificates relating to fire protection systems and fire extinguishers issued in EEA States and Great BritainN.I.

9.—(1) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 304/2008 by a certification body in an EEA State other than the United Kingdom in respect of an activity mentioned in Article 2 of that Regulation cannot carry out that activity unless—

(a)the certificate is written in English; or

(b)the person holds a translation of the certificate in English.

(2) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 304/2008 by a certification body appointed in Great Britain in respect of an activity mentioned in Article 2 of that Regulation may carry out that activity.

Certification and evaluation bodies: high-voltage switchgearN.I.

F2010.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certificates relating to [F21electrical] switchgear issued in EEA States and Great BritainN.I.

11.—(1) An individual who holds a valid certificate issued under [F22Article 3 of Commission Regulation 2015/2066] by a certification body in an EEA State other than the United Kingdom cannot carry out the activity mentioned in Article 1 of that Regulation unless—

(a)the certificate is written in English; or

(b)the individual holds a translation of the certificate in English.

(2) An individual who holds a valid certificate issued under [F22Article 3 of Commission Regulation 2015/2066] by a certification body appointed in Great Britain in respect of the activity mentioned in Article 1 of that Regulation may carry out that activity.

Textual Amendments

Certification and evaluation body: fluorinated greenhouse gas-based solventsN.I.

F2312.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certificates relating to fluorinated greenhouse gas-based solvents issued in EEA States and Great BritainN.I.

13.—(1) An individual who holds a valid certificate issued under Article 3 of Commission Regulation 306/2008 by a certification body in an EEA State other than the United Kingdom cannot carry out the activity mentioned in Article 1 of that Regulation unless—

(a)the certificate is written in English; or

(b)the individual holds a translation of the certificate in English.

(2) An individual who holds a valid certificate issued under Article 3 of Commission Regulation 306/2008 by a certification body appointed in Great Britain in respect of the activity mentioned in Article 1 of that Regulation may carry out that activity.

Attestation bodies: air conditioning systems in certain motor vehiclesN.I.

F2414.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Attestations relating to air conditioning systems in certain motor vehicles issued in EEA States and Great BritainN.I.

15.—(1) An individual who holds a valid attestation issued under Article 3(2) of Commission Regulation 307/2008 by an attestation body in an EEA State other than the United Kingdom cannot carry out the activity mentioned in Article 1 of that Regulation unless—

(a)the attestation is written in English; or

(b)the individual holds a translation of the attestation in English.

(2) An individual who holds a valid attestation issued under Article 3(2) of Commission Regulation 307/2008 by an attestation body appointed in Great Britain in respect of the activity mentioned in Article 1 of that Regulation may carry out that activity.

Obligation of employers to employ qualified employeesN.I.

16.  The employer of an individual employed to carry out any work or activity referred to in the following provisions must ensure that that individual holds the qualification necessary to enable the individual to carry out the work or activity—

(a)Article 2(1) of Commission Regulation [F252015/2067] ;

(b)Article 2(1) of Commission Regulation 304/2008;

(c)Article 1 of Commission Regulation [F262015/2066] ;

(d)Article 1 of Commission Regulation 306/2008; or

(e)Article 1 of Commission Regulation 307/2008.

Textual Amendments

Obligations on certification bodies, attestation bodies and evaluation bodies to provide informationN.I.

17.—(1) When requested to do so by any person, a certification body in Northern Ireland must, within 14 days of the request being made, provide details of any certificate issued by it pursuant to—

(a)Commission Regulation [F272015/2067] ;

(b)Commission Regulation 304/2008;

(c)Commission Regulation [F282015/2066] ; or

(d)Commission Regulation 306/2008.

(2) When requested to do so by any person, an attestation body in Northern Ireland must, within 14 days of the request being made, provide details of an attestation issued by it pursuant to Commission Regulation 307/2008.

(3) In this regulation, “details”, in relation to a certificate or attestation, includes—

(a)the name of the person to whom the certificate or attestation was issued;

(b)the date on which the certificate or attestation was issued; and

(c)in the case of an individual, the examination or training to which the certificate or attestation relates.

(4) When requested to do so by the Department, a relevant body in Northern Ireland must provide as soon as reasonably practicable to the Department such information as the Department may require to ensure that the obligations imposed by the first sentence of Article 10(10) of the 2014 Regulation (training and certification) and by Commission Regulation [F292015/2065] are complied with.

(5) In this regulation, “relevant body” means a certification body, an attestation body or an evaluation body referred to in, or appointed under, these Regulations.

Textual Amendments

[F30Publication of details of certification bodies, attestation bodies and evaluation bodiesN.I.

17A.—(1) The Department, after consulting the Scottish Ministers, the Welsh Ministers and the Secretary of State, must publish the following information about any person appointed as a certification body, attestation body or evaluation body under regulation 6—

(a)name;

(b)company number, where relevant;

(c)postal address;

(d)telephone number; and

(e)e-mail address.

(2) Publication under this regulation is to be in such a manner as the Department considers appropriate.]

Textual Amendments

PART 3 N.I.Enforcement

EnforcementN.I.

18.—(1) Subject to paragraphs (2) to [F31(8)], the district council must enforce these Regulations.

(2) In relation to—

(a)cases of a particular description; or

(b)a particular case, the Department may direct that the duty imposed by paragraph (1) on the district council must be discharged by the Department and not by the district council.

(3) The Department must enforce these Regulations in relation to any Part A installation.

(4) The Secretary of State must enforce these Regulations in relation to Northern Ireland offshore installations used in connection with any of the activities described in regulation 4(1)(a) to (f).

(5) The Department must enforce these Regulations in relation to Northern Ireland offshore installations used in connection with any of the activities described in regulation 4(1)(g).

(6) In this regulation, “Part A installation” has the same meaning as in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M11.

[F32(7) The district council must comply with a direction given to it under paragraph (2).

(8) A direction given under paragraph (2) may be revoked or modified by a further direction given under that paragraph.]

Textual Amendments

Marginal Citations

Appointment of authorised personsN.I.

19.—(1) The enforcing authority may authorise in writing such persons (“authorised persons”) as it considers appropriate to act for the purpose of enforcing these Regulations.

(2) An authorisation under Article 19 of the Environment (Northern Ireland) Order 2002 M12 (powers of enforcing authorities and persons authorised by them) is an authorisation for the purposes of these Regulations.

(3) In relation to Northern Ireland offshore installations used in connection with any of the activities described in regulation 4(1)(a) to (f), an authorisation under any of the following is an authorisation for the purposes of paragraph (1), unless the Secretary of State specifies to the contrary—

(a)regulation 16 (appointment of inspectors) of the Offshore Chemicals Regulations 2002 M13;

(b)regulation 12 (inspectors) of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 M14.

Marginal Citations

M13S.I. 2002/1355, amended by S.I. 2005/2055 and 2011/982. There are other amendments not relevant to this instrument.

M14S.I. 2005/2055, amended by S.I. 2011/982. There are other amendments not relevant to this instrument.

Powers of authorised personsN.I.

20.—(1) An authorised person may, on production (if so required) of the authority of that person, exercise any of the powers specified in paragraph (2) for the purpose of enforcing these Regulations.

(2) The powers of an authorised person are—

(a)subject to paragraph (3), to enter premises, between the hours of 8 a.m. and 6 p.m. on any working day, other than premises used wholly or mainly for residential purposes, which the authorised person has reason to believe it is necessary for the authorised person to enter;

(b)on entering any premises by virtue of sub-paragraph (a), to take with the authorised person—

(i)up to four other persons whose presence appears to the authorised person to be required in connection with the exercise by the authorised person of any power under this regulation, including, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of the duty of the authorised person, a constable; and

(ii)any equipment or materials required for any purpose for which the power of entry is being exercised;

(c)to make such examination or investigation as may in any circumstances be necessary;

(d)as regards any premises which the authorised person has power to enter, to direct that those premises or any part of them, or anything in them, must be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c);

(e)to take such measurements and photographs and make such recordings as the authorised person considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

(f)to take samples of any articles or substances found in or on any premises which the authorised person has power to enter;

(g)in the case of any article or substance found in or on any premises which the authorised person has power to enter, being an article or substance which appears to the authorised person to have caused or to be likely to cause pollution of the environment or harm to human health or to the health of animals or plants, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that is necessary);

(h)in the case of any such article or substance, to take possession of it and detain it for so long as is necessary—

(i)to examine it and do to it anything which the authorised person has power to do under sub-paragraph (g),

(ii)to ensure that it is not tampered with before the examination by the authorised person is completed; and

(iii)to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;

(i)to require any person whom the authorised person has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of anyone, other than someone nominated by that person to be present and anyone whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of the answers of that person;

(j)to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for the authorised person to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;

(k)to require any person to afford the authorised person such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on the authorised person by this regulation.

(3) The time limitation specified in paragraph (2)(a) does not apply in relation to Northern Ireland offshore installations.

(4) Where an authorised person proposes to exercise the power conferred by paragraph (2)(g) in the case of an article or substance found in or on any premises, the authorised person must, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

(5) Before exercising the power conferred by paragraph (2)(g) in the case of any article or substance, an authorised person must consult such persons as appear to the authorised person appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which the authorised person proposes to do under the power.

(6) Where under the power conferred by paragraph (2)(h) an authorised person takes possession of any article or substance found on any premises, the authorised person must—

(a)leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that the authorised person has taken possession of it under that power; and

(b)before taking possession of any such article or substance under that power, if it is practical to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.

(7) Nothing in this regulation is taken to compel the production by any person of a document which the person would be entitled to withhold production of on grounds of legal professional privilege on an order for disclosure and inspection in an action in the High Court

(8) No person may intentionally prevent any other person from appearing before an authorised person under paragraph (2)(i) or from answering any question to which an authorised person may by virtue of paragraph (2)(i) require an answer.

(9) No answer given by a person in pursuance of a requirement imposed under paragraph (2)(i) is admissible in evidence in Northern Ireland against that person in any proceedings.

(10) In this regulation, “working day” means a day which is not—

(a)Saturday or Sunday; or

(b)Christmas Day, Good Friday or a day which is a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971 M15.

Marginal Citations

M151971 c. 80. See section 1 and Schedule 1.

WarrantsN.I.

21.—(1) A lay magistrate may, by signed warrant, permit an authorised person to enter premises, if necessary by reasonable force, if satisfied, on sworn information in writing—

(a)that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations; and

(b)that any of the conditions in paragraph (2) are met.

(2) The conditions are—

(a)entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b)asking for entry to the premises, or giving such a notice, would defeat the object of the entry;

(c)entry is required urgently; or

(d)the premises are unoccupied or the occupier is temporarily absent.

(3) A warrant under this regulation is valid for three months.

Information noticesN.I.

22.  An [F33enforcing authority] may, by notice served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following the service of the notice or at such time as is so specified.

Textual Amendments

Enforcement noticesN.I.

23.—(1) An [F34enforcing authority] may serve an enforcement notice on any person who—

(a)in the opinion of the [F34enforcing authority], fails to, or is likely to fail to, comply with—

(i)a provision of the 2014 Regulation specified in Schedule 2; or

(ii)a provision of the Commission Regulations specified in Schedule 3, read in association with Part 2 of these Regulations;

(b)submits a report under Article 19 of the 2014 Regulation which is not submitted in accordance with Commission Regulation 1191/2014;

[F35(c)fails, where labelling for products and equipment is required under Article 12 of the 2014 Regulation, to comply with Article 2 of Commission Regulation 2015/2068 (labelling format);]

(d)fails to comply with a requirement under regulation 16 (obligation of employers to employ qualified employees);

(e)fails to comply with a requirement under regulation 17 (obligations on certification bodies, attestation bodies and evaluation bodies to provide information); or

(f)fails to comply with an information notice served under regulation 22 (information notices).

(2) An [F34enforcing authority] may serve an enforcement notice on a person qualified in relation to fire protection systems who fails to comply with any of the following requirements of Commission Regulation 1497/2007—

(a)Article 3 (checking system records);

(b)Article 4(1) (visual checks by certified personnel);

(c)Article 4(2) (checks in cases of presumed leakage); or

(d)Article 6 (follow-up check).

(3) An [F34enforcing authority] may serve an enforcement notice on an operator of a fire protection system who—

(a)fails to comply with any of the following requirements of Commission Regulation 1497/2007—

(i)Article 2(1) (system records); or

(ii)Article 2(3) (determination of gas charge by certified personnel);

(b)fails to ensure that Article 2(2) (indication of gas charge) of Commission Regulation 1497/2007 is complied with; or

(c)fails to ensure that the following requirements of Commission Regulation 1497/2007 are carried out by a person qualified in relation to fire protection systems—

(i)Article 4(4) (checking of pressure gauges and weight-monitoring devices);

(ii)Article 5 (repair of leakage); and

(iii)Article 7 (requirements for newly commissioned systems).

(4) Subject to paragraph (6), an [F34enforcing authority] may serve an enforcement notice on a person qualified in relation to stationary equipment who fails to comply with any of the following requirements of Commission Regulation 1516/2007—

(a)Article 3 (checking equipment records);

(b)Article 4 (systematic checks);

(c)Article 5 (choice of measuring method);

(d)Article 6 (direct measuring methods);

(e)Article 7(1) (indirect measuring methods);

(f)Article 7(2) (examination using a direct method); or

(g)Article 9 (follow-up check).

(5) Subject to paragraph (6), an [F34enforcing authority] may serve an enforcement notice on an operator of stationary equipment who—

(a)fails to comply with any of the following requirements of Commission Regulation 1516/2007—

(i)Article 2(1) (equipment records);

(ii)Article 2(3) (determination of gas charge by certified personnel);

(b)fails to ensure that the following requirements of Commission Regulation 1516/2007 are complied with—

(i)Article 2(2) (indication of gas charge);

(ii)Article 2(4) (indication of leakage cause); or

(c)fails to ensure that the following requirements of Commission Regulation 1516/2007 are carried out by a person qualified in relation to stationary equipment—

(i)Article 8 (repair of leakage);

(ii)Article 10 (requirements for newly commissioned equipment).

(6) Paragraphs (4) and (5) do not apply in respect of equipment with a hermetically sealed system which—

(a)is labelled as having such a system; and

(b)contains less than 6 kilograms of fluorinated greenhouse gases.

(7) An enforcement notice must—

(a)specify the matters constituting the failure to comply or making a failure to comply likely;

(b)specify the steps that must be taken to remedy or avert the failure to comply;

(c)specify the period in which those steps must be taken;

(d)provide information on the right to appeal under regulation 24; and

(e)state that it is an offence under regulation 26(1)(d) to fail to comply with the enforcement notice.

(8) An [F34enforcing authority] may at any time withdraw an enforcement notice.

(9) A person on whom an enforcement notice is served must comply with it at their own expense.

(10) If an enforcement notice is not complied with—

(a)the enforcing authority [F36which served the notice] may arrange for it to be complied with at the expense of the person on whom it was served; and

(b)the enforcing authority [F36which served the notice] may recover those expenses summarily or in any court of competent jurisdiction as a civil debt due to it.

(11) In this regulation—

(a)“fire protection system” means a fire protection system, within the meaning given in Article 1 of Commission Regulation 1497/2007, containing 3 kilograms or more of fluorinated greenhouse gases;

(b)“person qualified in relation to fire protection systems” means an individual who—

(i)holds a certificate issued under Article 5 of Commission Regulation 304/2008 which relates to leakage checking of fire protection systems; or

(ii)is exempt from holding such a certificate by virtue of Article 4(2) of Commission Regulation 304/2008;

(c)“person qualified in relation to stationary equipment” means an individual who—

(i)holds a valid certificate issued under [F37Article 4 of Commission Regulation 2015/2067] which relates to leakage checking of stationary equipment;

(ii)is exempt from holding such a certificate by virtue of [F38Article 3(3)(b) or (4) of Commission Regulation 2015/2067] ; or

[F39(iii)is exempt from holding such a certificate by virtue of Article 3(3)(a) of Commission Regulation 2015/2067 where the person is suitably qualified for the purposes of the essential safety requirements in paragraph 21(3) (permanent joining) of Part 3 of Schedule 2 to the Pressure Equipment (Safety) Regulations 2016;]

(d)“stationary equipment” means stationary refrigeration, air conditioning or heat pump equipment which contains 3 kilograms or more of fluorinated greenhouse gases.

Textual Amendments

Appeals against enforcement noticesN.I.

24.—(1) A person served with an enforcement notice, who is aggrieved by that notice, may appeal against it.

(2) The right of appeal is to a magistrates' court.

(3) The procedure on appeal to a magistrates' court is by way of notice, and Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981 M16 applies to the proceedings.

(4) An appeal must be brought by no later than 28 days after the date on which the enforcement notice is served.

(5) An enforcement notice is not suspended pending an appeal unless the court orders otherwise.

[F40(6) The grounds for an appeal brought under this regulation are that a decision to serve the enforcement notice was—

(a)based on an error of fact;

(b)wrong in law;

(c)wrong for any other reason; or

(d)unreasonable.]

Textual Amendments

Marginal Citations

Proceedings before a civil courtN.I.

25.  If the enforcing authority is of the opinion that proceedings against a person for an offence under regulation 26(1)(d) (the failure to comply with an enforcement notice) would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings in the High Court against that person for the purposes of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.

PART 4 N.I.Offences and penalties

OffencesN.I.

26.—(1) It is an offence for a person to do any of the following or to cause or permit another person to do any of the following—

(a)breach any of the prohibitions mentioned in the following provisions of the 2014 Regulation—

(i)Article 3(1) (prohibition on intentional release of fluorinated greenhouse gas);

(ii)Article 11(1) (read in association with Article 11(2) and (3)) (prohibition on placing specified products and equipment on the market);

(iii)Article 14(1) (prohibition on placing equipment not accounted for within quota system on the market);

(b)breach Article 14(2) of the 2014 Regulation (requirements to document placing on the market and to draw up declaration of conformity);

(c)breach the second paragraph of Article 15(1) (read in association with Article 15(2) and (3)) of the 2014 Regulation (requirement to ensure quantities placed on market do not exceed quota); or

(d)fail to comply with an enforcement notice.

(2) It is an offence to—

(a)intentionally obstruct any person acting in the execution or enforcement of these Regulations;

(b)fail, without reasonable cause, to give to any such person any assistance or information which that person may reasonably require for those purposes;

(c)furnish to any such person any information knowing it to be false or misleading; or

(d)fail to produce a document or record to any such person when required to do so.

Offences committed by bodies corporate, partnerships and unincorporated associationsN.I.

27.—(1) For the purposes of these Regulations—

(a)section 20(2) of the Interpretation Act F41... applies with the omission of the words “the liability of whose members is limited”;

(b)section 20(3) of that Act does not apply; and

(c)where the affairs of a body corporate are managed by its members, section 20(2) of the Act applies in relation to the acts or defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.

(2) Where any offence under these Regulations committed by a partnership is proved—

(a)to have been committed with the consent or connivance of a partner; or

(b)to be attributable to any neglect on the partner's part, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) For the purposes of paragraph (2), “partner” includes a person purporting to act as a partner.

(4) Where any offence under these Regulations committed by an unincorporated association (other than a partnership) is proved—

(a)to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or

(b)to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) For the purpose of proceedings under paragraph (4)—

(a)rules of court relating to the service of documents have effect as if the association were a body corporate; and

(b)the provisions of section 18 (procedure on charge) of the Criminal Justice Act (Northern Ireland) 1945 M17 and Article 166 (corporations) of, and Schedule 4 to, the Magistrates' Courts (Northern Ireland) Order 1981 M18 apply as they apply in relation to a body corporate.

(6) A fine imposed on an unincorporated association on its conviction for an offence may be made payable out of the funds of the association.

Textual Amendments

Marginal Citations

PenaltiesN.I.

28.  A person who commits an offence under these Regulations is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine.

Application to the CrownN.I.

29.—(1) Subject to the provisions of this regulation, these Regulations bind the Crown.

(2) No act or omission done or suffered on behalf of the Crown constitutes an offence under these Regulations but the High Court may on the application of the Department declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding paragraph (2), these Regulations apply to persons in the public service of the Crown as they apply to other persons.

(4) In this regulation any reference to the Crown includes a reference to the Crown in right of Her Majesty's Government in Northern Ireland.

PART 5 N.I.Revocation

RevocationN.I.

30.  The following Regulations are revoked—

(a)the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009 M19;

(b)the Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2012 M20; and

(c)the Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2014 M21.

Marginal Citations

M19S.R. 2009 No. 184, as amended by S.R. 2012 No. 230, and S.R. 2014 No. 77.

Sealed with the Official Seal of the Department of the Environment on 21st December 2015.

L.S.

Dave Foster

A senior officer of the

Department of the Environment