The Control of Mercury (Enforcement) Regulations 2017
PART 1Introductory
1Citation and application
2Commencement
3Interpretation
4Definitions relating to offshore installations
5“Enforcing authority”
6Designation of competent authority
PART 2Civil enforcement in England and Wales
7Application of this Part
8Enforcement notices
9Action by authority to ensure compliance with enforcement notices
10Civil penalties
11Further provision about civil penalties
12Civil penalties: late payment interest
13Recovery of enforcement costs
14Enforcement costs: late payment interest
15Further provision about appeals
16Multiple enforcement
17Publication of civil enforcement
18Civil proceedings
PART 3Enforcement specific to Northern Ireland
19Application of this Part and interpretation
20Enforcement notices
21Action by DAERA to ensure compliance with enforcement notices
22Recovery of enforcement costs
23Late payment interest
24Further provision about appeals
PART 4Enforcement specific to Scotland
25Application of this Part
26Enforcement notices
27Action by SEPA to ensure compliance with enforcement notices
28Recovery of enforcement costs
29Late payment interest
30Further provision about appeals
31Enforcement by the courts
32Monetary penalties, costs recovery and enforcement undertakings
PART 5Further provision about enforcement
33Imports and exports: assistance by customs officials
34Information sharing
35Information notices
36Further provision about giving notices
37Authorising imports
38Notification of new mercury-added products and manufacturing processes
PART 6Offshore installations: assistance by Secretary of State
39Offshore installations: assistance by Secretary of State
40Admissibility etc.
PART 7Criminal enforcement
41Offences in respect of laws relating to mercury, enforcement notices and information
42Limitation of regulation 41 offences in England and Wales only
43Offences relating to customs officials
44Offences relating to inspections of offshore installations
45Proceedings: partnerships etc.
46Offences by bodies corporate etc.
47Offences: penalties
PART 8Amendments and revocation
48Amendment to section 41 of the Environment Act 1995
49Amendment to the Control of Major Accident Hazards Regulations 2015
50Amendment to the Environment (Northern Ireland) Order 2002
51Revocation of the Mercury Export and Data (Enforcement) Regulations 2010
SCHEDULE 1Laws relating to mercury
1The provisions of the Mercury Regulation are— Provision Subject matter...
2The reference to an authorised waste management establishment in the...
SCHEDULE 2Definitions relating to offshore installations
1“Offshore installation”
2“Offshore area”
3“English offshore area”
4“Scottish offshore area”
SCHEDULE 3Provisions relating to appeals in Scotland
PART 1Appeals procedure
1A person (the “appellant”) who wishes to appeal under regulation...
2The relevant documents are— (a) a written statement of the...
3The notice of appeal must be given in accordance with...
4The appellant may withdraw a notice of appeal by—
5The Scottish Ministers may, in a particular case, allow a...
6SEPA must, within 14 days of receipt of the notice...
7Notice given under paragraph 6 must— (a) describe the subject...
8SEPA must, within 14 days of giving notice under paragraph...
9If an appeal is withdrawn, SEPA must give notice of...
10SEPA may make written representations about the appeal to the...
11Any representations by SEPA must be given to the Scottish...
12The Scottish Ministers may, in a particular case, allow SEPA’s...
13SEPA must, at the same time as giving the representations...
14The appellant may make further written representations relating to SEPA’s...
15The Scottish Ministers may, in a particular case, allow the...
16The appellant must, at the same time as giving the...
17The Scottish Ministers must— (a) give to the appellant and...
18The Scottish Ministers may require exchanges of written representations between...
PART 2Public hearings
19Before determining an appeal under regulation 26(8) or 28(11), the...
20A hearing must be held wholly or partly in private...
21Where the Scottish Ministers cause a hearing to be held,...
22If the Scottish Ministers, the appellant and SEPA agree, the...
23Where any part of a hearing is to be held...
24The Scottish Ministers may vary the date fixed for the...
25If the Scottish Ministers vary the date under 24, they...
26The persons entitled to be heard at a hearing are—...
27Nothing in paragraph 26 prevents the appointed person from allowing...
28The appointed person must cause notice of the time and...
29The appointed person may do one or any combination of...
30But the appointed person must not require any person to...
31A person who is required to give evidence at a...
32The expenses are to be treated as part of the...
33The Scottish Ministers or the appointed person may make an...
34The order may specify the person or persons by whom...
35The Scottish Ministers or the appointed person may treat as...
36In paragraph 35(a), “the standard amount” means an amount, if...
37Where the Scottish Ministers or the appointed person make an...
38The amount certified is a debt due by that person...
39After the conclusion of a hearing of an appointed person,...
40The report must include the conclusions and recommendations of the...
PART 3Determination of appeals
41The Scottish Ministers must— (a) give written notice to the...
42At the same time as giving notice under paragraph 41,...

2017 No. 1200

Environmental Protection

The Control of Mercury (Enforcement) Regulations 2017

Made

Laid before Parliament

Coming into force in accordance with regulation

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to the environment2.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of that Act3.