4.—(1) No person shall place on the market—
(a)a battery that contains more than 0.0005% of mercury by weight;
(b)a portable battery that contains more than 0.002% of cadmium by weight.
F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The prohibition in paragraph (1)(b) shall not apply to a portable battery intended for use in—
(a)emergency and alarm systems, including emergency lighting;
(b)medical equipment; or
(c)a cordless power tool.
(4) This regulation does not apply to a battery which is a component of a vehicle for the purposes of regulation 6 of the End-of-Life Vehicles Regulations 2003(1).
(5) In this regulation—
“portable battery” means any battery or battery pack which is—
sealed,
can be hand-carried by an average natural person without difficulty, and
is neither an automotive battery nor an industrial battery;
“automotive battery” means any battery used for automotive starter, lighting or ignition power;
“industrial battery” means any battery or battery pack which is—
designed exclusively for industrial or professional uses,
used as a source of power for propulsion in an electric vehicle,
unsealed but is not an automotive battery, or
sealed but is not a portable battery;
“electric vehicle” means a vehicle which uses electricity as a source of power for propulsion and includes a vehicle which in addition uses, or is capable of using, other sources of power for this purpose; and
“cordless power tool” means a hand-held appliance powered by a battery and intended for maintenance, construction or gardening activities.
Textual Amendments
F1Reg. 4(2) omitted (1.10.2015) by virtue of The Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2015 (S.I. 2015/63), regs. 1(2)(a), 3(1) (with reg. 3(2))
S.I. 2003/2635 to which there are amendments not relevant to these Regulations. This instrument implements Directive 2000/53/EC of the European Parliament and of the Council on end‑of life vehicles (OJ No. L269, 21.10.2000, p.34).