Environment Act 2021

PART 2 U.K. Enforcement

General power U.K.

7 The relevant national authority may by regulations (“Part 2 regulations”) make provision about the enforcement of requirements imposed by regulations (“Part 1 regulations”) made by the authority under Part 1 of this Schedule.

Commencement Information

I1 Sch. 7 para. 7 in force at 9.1.2022 for E.W.S., see s. 147(2)(c)

I2 Sch. 7 para. 7 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(e)

Powers to confer functions U.K.

8 (1) Part 2 regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority” for the purposes of this Part).

(2) Part 2 regulations may include provision—

(a) conferring functions involving the exercise of discretion;

(b) for the functions of an enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations.

(3) Part 2 regulations may include provision requiring an enforcement authority to issue guidance about the exercise of its functions.

Commencement Information

I3 Sch. 7 para. 8 in force at 9.1.2022 for E.W.S., see s. 147(2)(c)

I4 Sch. 7 para. 8 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(e)

Monitoring compliance U.K.

9 Part 2 regulations may include provision conferring on an enforcement authority the function of monitoring compliance with requirements imposed by Part 1 regulations (which may include the function of testing or assessing products).

Commencement Information

I5 Sch. 7 para. 9 in force at 9.1.2022 for E.W.S., see s. 147(2)(c)

I6 Sch. 7 para. 9 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(e)

Records and information U.K.

10 Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations to keep records;

(b) requiring persons on whom requirements are imposed by Part 1 regulations to provide records or other information to an enforcement authority;

(c) requiring an enforcement authority to make reports or provide information to the relevant national authority.

Commencement Information

I7 Sch. 7 para. 10 in force at 9.1.2022 for E.W.S., see s. 147(2)(c)

I8 Sch. 7 para. 10 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(e)

Powers of entry etc U.K.

11 (1) Part 2 regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.

(2) Part 2 regulations may include provision—

(a) for powers to be exercisable only under the authority of a warrant issued by a justice of the peace, sheriff, summary sheriff or lay magistrate;

(b) about applications for, and the execution of, warrants.

(3) Part 2 regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—

(a) enter premises by force;

(b) enter a private dwelling without the consent of the occupier;

(c) search and seize material.

Commencement Information

I9 Sch. 7 para. 11 in force at 9.1.2022 for E.W.S., see s. 147(2)(c)

I10 Sch. 7 para. 11 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(e)

Sanctions U.K.

12 (1) Part 2 regulations may include provision—

(a) for, about or connected with the imposition of civil sanctions in respect of—

(i) failures to comply with Part 1 regulations or Part 2 regulations, or

(ii) the obstruction of or failure to assist an enforcement authority;

(b) for appeals against such sanctions.

(2) Part 2 regulations may include provision—

(a) creating criminal offences punishable with a fine in respect of—

(i) failures to comply with civil sanctions imposed under Part 2 regulations, or

(ii) the obstruction of or failure to assist an enforcement authority;

(b) about such offences.

(3) In this paragraph “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(4) Part 2 regulations may include provision for the imposition of sanctions of that kind whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence,

(b) the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

(c) the relevant national authority may make provision for the imposition of sanctions under that Part.

Commencement Information

I11 Sch. 7 para. 12 in force at 9.1.2022 for E.W.S., see s. 147(2)(c)

I12 Sch. 7 para. 12 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(e)

Costs U.K.

13 Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations to pay costs incurred by an enforcement authority in performing its functions;

(b) authorising a court or tribunal dealing with any matter under Part 1 regulations or Part 2 regulations to award to an enforcement authority costs incurred by it in performing its functions under the regulations in relation to that matter.

Commencement Information

I13 Sch. 7 para. 13 in force at 9.1.2022 for E.W.S., see s. 147(2)(c)

I14 Sch. 7 para. 13 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(e)

Consultation requirement U.K.

14 (1) Before making Part 2 regulations the relevant national authority must consult any persons the authority considers appropriate.

(2) The requirement in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.

Commencement Information

I15 Sch. 7 para. 14 in force at 9.1.2022 for E.W.S., see s. 147(2)(c)

I16 Sch. 7 para. 14 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(e)