The Fluorinated Greenhouse Gases (Amendment) Regulations 2018

Amendment of regulation 25 (enforcement notices)

20.—(1) Regulation 25 is amended as follows.

(2) In paragraph (1)—

(a) in the words before sub-paragraph (a) and in sub-paragraph (a), for “authorised person” substitute “enforcing authority”;

(b) in sub-paragraph (c), for the words from “any of the following” to the end substitute “Article 2 of Commission Regulation 2015/2068 (labelling format)”.

(3) In paragraphs (2) to (5), for “authorised person” substitute “enforcing authority”.

(4) In paragraph (7), for sub-paragraph (e) substitute—

“(e) state that a requirement to pay a civil penalty may be imposed if a person fails, or causes or permits another person to fail, to comply with the enforcement notice.”.

(5) In paragraph (8), for “authorised person” substitute “enforcing authority”.

(6) In paragraph (10), after “enforcing authority” insert “which served the notice”.

(7) In paragraph (11)—

(a) in sub-paragraph (c)(i), for “Article 5 of Commission Regulation 303/2008” substitute “Article 4 of Commission Regulation 2015/2067”;

(b) in sub-paragraph (c)(ii), for “Article 4(3)(a) or (c) of Commission Regulation 303/2008” substitute “Article 3(3)(b) or (4) of Commission Regulation 2015/2067”;

(c) in sub-paragraph (c)(iii), for the words from “Article 4(3)(b)” to the end substitute “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) in Part 3 of Schedule 2 to the Pressure Equipment (Safety) Regulations 2016 (permanent joining)(1)”.

(1)

S.I. 2016/1105.