5(1)Before making regulations under this Part of this Schedule the relevant national authority must—
(a)consult such persons as the authority considers appropriate, and
(b)where sub-paragraph (3) or (4) applies, publish for the purposes of the consultation—
(i)the authority’s assessment of the matters it must be satisfied of, and
(ii)a draft of the regulations.
(2)The requirements in sub-paragraph (1) may be met by consultation carried out, and assessments and draft regulations published, before this paragraph comes into force.
(3)Before making regulations under this Part of this Schedule in relation to a new product, the relevant national authority must be satisfied that—
(a)the product has a significant impact on the natural environment at any stage of its production, use or disposal,
(b)the proposed regulations would be likely to reduce the product’s impact on the natural environment,
(c)the benefit of that would be significant as against the likely environmental, social, economic or other costs of the proposed regulations, and
(d)a reduction in the product’s impact on the natural environment could not be achieved as effectively without making the regulations.
(4)Before making regulations under this Part of this Schedule which—
(a)specify additional resource efficiency requirements in relation to a product, or
(b)specify additional persons who must meet resource efficiency requirements in relation to a product,
the relevant national authority must be satisfied of the matters in sub-paragraph (3)(b) to (d).
(5)A “new product” means a product in relation to which there are no existing regulations made by the relevant national authority under this Part of this Schedule.
(6)Before making regulations under this Part of this Schedule the relevant national authority must consider whether exemptions should be given, or other special provision made, for smaller businesses.
Commencement Information
I1Sch. 7 para. 5 in force at 9.1.2022 for E.W.S., see s. 147(2)(c)