SCHEDULES

SCHEDULE 6Resource efficiency information

PART 2Enforcement

I1I97General power

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.

I2I108Powers to confer functions

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.

I3I119Monitoring compliance

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).

I4I1210Records and information

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.

I5I1311Powers of entry etc

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.

I6I1412Sanctions

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.

I7I1513Costs

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 in relation to that matter.

I8I1614Consultation requirement

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.