The REACH Enforcement Regulations 2008
PART 1Introduction
1Citation and commencement
1AApplication
2Interpretation
PART 2Enforcement
3Enforcement
3AEnforcement: relevant nuclear sites
4Co-operation and information sharing
5Enforcement agreements
6Health and safety enforcement
PART 3Exemptions
7Defence
8Marketing and use of leaded paint
8APlacing asbestos-containing articles on the market
8BPlacing on the market and use of paint stripper containing dichloromethane
PART 4
9Enforcement powers
10Authorised persons
PART 5
CHAPTER 1REACH
11Offences
12Penalties
CHAPTER 2
13Offences
14Penalties
CHAPTER 3
15Bodies corporate and Scottish partnerships
16Power of court to order cause of offence to be remedied
CHAPTER 4
17Appearance of authorised persons before a court of summary jurisdiction
18Criminal proceedings under regulation 11 or 13
19Criminal proceedings against the Crown
CHAPTER 5
20Proceedings before a civil court
PART 6
21Appeals against notices
22Service of documents
PART 7
23Revocations and amendments
PART 8Review
24Review of these Regulations
SCHEDULE 1Table of REACH provisions
SCHEDULE 1ATable of REACH transitional provisions relating to EU exit
SCHEDULE 1ATable of retained REACH provisions
SCHEDULE 1BTable of REACH provisions relating to protected NI imports
SCHEDULE 2Functions of enforcing authorities
1The functions of the Environment Agency, the Natural Resources Body...
2Subject to paragraph 3, the functions of the Health and...
3In Northern Ireland, paragraph 2 does not apply in respect...
4The function of a local (consumer safety) authority is to...
5The function of the Secretary of State is to control...
6(1) Subject to sub-paragraph (2), the functions of the Office...
SCHEDULE 3Health and safety enforcement
PART 1Definitions
1For the purposes of this Schedule— (a) “agricultural activities”—
PART 2Local (health and safety) authorities
1Subject to Part 4, a local (health and safety) authority...
2The main activity referred to in paragraph 1 is—
3For the purposes of paragraph 2— (a) where a vehicle...
PART 3The Executive
1Subject to Part 4, the Executive must perform the joint...
2In relation to paragraph 1(d)(iii)— (a) reference to a physically...
3In paragraph 1, “ionising radiations” and “medical exposure” in relation...
4Subject to Part 4, the Executive must perform the joint...
5In Great Britain, the bodies referred to in paragraph 4...
6In Northern Ireland, the bodies referred to in paragraph 4...
7Subject to Part 4, the Executive must perform the joint...
PART 4Local (health and safety) authorities and the Executive
1Subject to paragraph 3, paragraph 2 applies to the common...
2Where this paragraph applies— (a) to the extent the Executive...
3In relation to land within the perimeter of an airport...
PART 5 The Office of Rail and Road
1The Office of Rail Regulation the Office of Rail and...
SCHEDULE 4Defence exemption certificates
1The Secretary of State may decide that it is necessary...
2The Secretary of State may decide to apply the exemption—...
3A decision of the Secretary of State to apply the...
4A certificate— (a) must contain sufficient particulars of the persons...
5The Secretary of State may provide to a person who...
6A person who claims the benefit of a certificate must...
7The persons referred to in paragraph 6—
7AThe persons referred to in paragraph 6 in respect of...
8Unless the contrary is proved— (a) a certificate;
SCHEDULE 5Marketing and use of leaded paints
PART 1Permitted marketing and use
1A person may market leaded paint if it is marketed...
2Subject to paragraph 3, a person may use leaded paint...
3A person who intends to use leaded paint must—
4A person may supply leaded paint if that person complies...
5A person who receives a relevant declaration pursuant to paragraph...
6A person who provides a relevant declaration under paragraph 3(b)...
7If a competent body is not satisfied with the content...
8For the purposes of this Schedule— “competent body” means— English...
PART 2Contents of a relevant declaration
1The name, address and telephone number of the intended user...
2The quantity, trade name and manufacturer of the paint intended...
3In the case of a listed building, the name, address...
4In the case of a scheduled monument, the name, location...
5In the case of a listed building or scheduled monument,...
6In the case of a work of art, its name,...
7The date the declaration is made and the signature and...
PART 3Contents of a notification
1The name, address and telephone number of the intended supplier...
2A statement that the intended supplier agrees to supply to...
3The date the notification is made and the signature and...
SCHEDULE 5APlacing asbestos-containing articles on the market
1For the purposes of this Schedule “exempting authority” means—
2An exempting authority may issue a certificate in writing exempting...
3An asbestos exemption certificate— (a) must include conditions ensuring a...
4An exempting authority must not issue an asbestos exemption certificate...
SCHEDULE 5BPlacing on the market and use of paint stripper containing dichloromethane
1A person (“P”) may place on the market paint stripper...
2A professional may use paint stripper containing dichloromethane where that...
3A professional may only demonstrate proper training and competence in...
4A certificate issued under paragraph 3(b) may be revoked in...
5In this Schedule “legal requirement” means any requirement of the...
SCHEDULE 6Powers of enforcement
PART 1The Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment
SECTION 1Powers of entry and warrants
1The powers of any authorised person are—
2Except in an emergency, in any case where it is...
3Except in an emergency, where an authorised person proposes to...
4In relation to any premises belonging to or used for...
5Where an authorised person proposes to exercise the power conferred...
6Before exercising the power conferred by paragraph 1(g), an authorised...
7No answer given by a person in pursuance of a...
8Nothing in paragraph 1 compels the production by any person...
9Section 2 of Part 1 of this Schedule has effect...
10In this section— “emergency” means a case in which it...
SECTION 2Warrants, evidence and compensation
11If it is shown to the satisfaction, in England and...
12The conditions mentioned in paragraph 11 are—
13In a case where paragraph 12 applies, a justice of...
14Every warrant under paragraph 11 continues in force until the...
15An authorised person must produce evidence of that person’s authorisation...
16Information obtained in consequence of the exercise of the powers...
17Without prejudice to the generality of paragraph 16, information obtained...
18A person who, in exercise of the powers in paragraph...
19Where any person exercises any power conferred by paragraph 1(a)...
20Compensation is not payable by virtue of paragraph 19 in...
21Any dispute as to a person’s entitlement to compensation under...
22An authorised person is not to be liable in any...
SECTION 3Seizure in cases of imminent danger of serious pollution
23If an authorised person has entered any premises and has...
24An authorised person who exercises the power in paragraph 23...
25If the authorised person cannot after reasonable inquiry ascertain the...
26Where the powers under paragraph 23 are exercised, the enforcing...
SECTION 4Notices
27An authorised person may, by a notice served on any...
28If an authorised person is of the opinion that a...
29An enforcement notice must— (a) state that the authorised person...
30An enforcement notice may be withdrawn at any time.
31If an authorised person is of the opinion that the...
32A prohibition notice must— (a) state that the authorised person...
33A prohibition notice may be withdrawn at any time.
34If a person fails to comply with an enforcement notice...
35References in this Part to an “enforcement notice” or a...
Part 2The Health and Safety Executive, the Health and Safety Executive for Northern Ireland the Office of Rail and Road , the Office for Nuclear Regulation and local (health and safety) authorities
SECTION 1Powers of entry
1The powers of an authorised person are—
2Where an authorised person proposes to exercise the power conferred...
3Before exercising the power conferred by paragraph 1(h), an authorised...
4Where under the power conferred by paragraph 1(i) an authorised...
5No answer given by a person in pursuance of a...
6Before the power in paragraph 1(m) to render harmless any...
7As soon as may be after any thing has been...
8Nothing in this Part compels the production by any person...
9Where— (a) an action has been brought against an authorised...
9AThe powers of an authorised person acting on behalf of...
9BFor the purposes of this section of this Schedule “the...
10. . . . . . . . . ....
SECTION 2Notices
11If an authorised person is of the opinion that—
12A prohibition notice must— (a) state that the authorised person...
13A direction contained in a prohibition notice in pursuance of...
14If an authorised person is of the opinion that a...
15An improvement notice must— (a) state that the authorised person...
16If an authorised person is of the opinion that a...
17An enforcement notice must— (a) state that the authorised person...
18Where a prohibition notice, an improvement notice or an enforcement...
19References in this Part to a “prohibition notice”, an “improvement...
20This section does not apply to an authorised person acting...
PART 3Local (consumer safety) authorities
SECTION 1Powers of entry
1An authorised person may at any reasonable hour and on...
2An authorised person may, for the purposes of ascertaining whether...
3An authorised person may, for the purpose of ascertaining whether...
4If an authorised person has reasonable grounds for suspecting that...
5An authorised person may seize and detain any goods or...
6If and to the extent that it is reasonably necessary...
7An authorised person seizing any goods or records under this...
8If a justice of the peace— (a) is satisfied by...
9An authorised person entering any premises by virtue of this...
10On leaving any premises which an authorised person is authorised...
11Where any goods seized by an authorised person under this...
12In the application of this section to Scotland, the reference...
13In the application of this section to Northern Ireland, the...
SECTION 2Notices
14Where an authorised person has reasonable grounds for suspecting that...
15A suspension notice may prohibit the person on whom it...
16A suspension notice served by an authorised person in respect...
17A suspension notice may require a person to keep the...
18Where a suspension notice has been served on any person...
19A consent given by an authorised person for the purposes...
20Where an authorised person serves a suspension notice in respect...
21Any disputed question as to the right to or the...
SECTION 3Forfeiture
22An authorised person in England and Wales or Northern Ireland...
23An application under this section may be made—
24On an application under this section the court may make...
25A court may infer for the purposes of this section...
26Any person aggrieved by an order made under this section...
27Subject to paragraph 28, where any goods are forfeited under...
28On making an order under this section a magistrates’ court...
29In Scotland a sheriff may make an order for forfeiture...
30The procurator-fiscal making an application under paragraph 29 must serve...
31Service under paragraph 30 must be carried out, and such...
32Any person upon whom notice is served under paragraph 30...
33The sheriff must not make an order following an application...
34An order under this section may be made only if...
35The sheriff may infer for the purposes of this section...
36Where an order for the forfeiture of any goods is...
37An order following an application under paragraph 29 does not...
38An order under paragraph 29 does not take effect—
39Subject to paragraph 40, goods forfeited under this section must...
40The sheriff may direct that the goods be released, to...
PART 4The Secretary of State
SECTION 1Powers of entry
1An authorised person may on producing evidence of that person’s...
SECTION 2Notices
2An authorised person may serve on a person a notice...
3An enforcement notice must— (a) state that the authorised person...
4The steps mentioned in paragraph 3(c) include steps that must...
5Where a person to whom an enforcement notice is addressed...
6A person to whom an enforcement notice is addressed must...
7An authorised person may revoke an enforcement notice.
8An authorised person may serve on a person a notice...
9A prohibition notice must— (a) state that the authorised person...
10An authorised person may by notice withdraw a prohibition notice...
11It is the duty of the person to whom the...
SECTION 3Miscellaneous
12An answer given by a person in compliance with a...
13In criminal proceedings in which such person as is mentioned...
14Paragraph 13 applies to any offence other than one under—...
15Nothing in this Part compels the production by any person...
16References in this Part to an “information notice” or a...
SCHEDULE 7Authorisations
SECTION 1The Environment Agency , the Natural Resources Body for Wales and the Scottish Environment Protection Agency
1In respect of the Environment Agency , the Natural Resources...
SECTION 2The Department of the Environment
2In respect of the Department of the Environment, an authorisation...
SECTION 3The Health and Safety Executive , the Office of Rail and Road , the Office for Nuclear Regulation and local (health and safety) authorities in Great Britain
3In respect of— (a) the Health and Safety Executive;...
SECTION 4The Health and Safety Executive for Northern Ireland and local (health and safety) authorities in Northern Ireland
4In respect of— (a) the Health and Safety Executive for...
SECTION 5Local (consumer safety) authorities
5In respect of— (a) a local (consumer safety) authority in...
SECTION 6The Secretary of State
6In respect of the Secretary of State, an authorisation made...
SCHEDULE 8Appeals
PART 1Notices served by the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency or the Department of the Environment
1The appeal body means, where the notice is served by—...
2An appeal must be received by the appeal body no...
3The appeal body may consider an appeal received after the...
4Where an appeal is brought, this does not have the...
5On the determination of an appeal, the appeal body may...
6In relation to the making and determination of appeals under...
7The appeal body may— (a) appoint a person, with or...
PART 2Notices served by the Health and Safety Executive, the Health and Safety Executive for Northern Ireland , the Office for Nuclear Regulation or local (health and safety) authorities
1An appeal may be made to a tribunal.
2Schedule 4 to the Employment Tribunals (Constitution and Rules of...
3Under paragraph 2, an enforcement notice is to be treated...
4Rule 102 of Schedule 1 to the Industrial Tribunals and...
5Under paragraph 4, an enforcement notice is to be treated...
6The tribunal may cancel or affirm the notice and, if...
7In the case of an improvement notice, the bringing of...
8In the case of a prohibition notice or an enforcement...
9One or more assessors may be appointed in respect of...
10In this Part— (a) “assessor” has the same meaning as...
PART 3Notices served by local (consumer safety) authorities
1An appeal may be brought by a person having an...
2In England and Wales or Northern Ireland, an appeal may...
3In Scotland, an appeal may be made to the sheriff...
4A magistrates’ court must not make an order setting aside...
5A sheriff must not make an order setting aside a...
6A person aggrieved by an order made by a magistrates’...
7An order made by a magistrates’ court under this Part...
PART 4Notices served by the Secretary of State
1An appeal may be made to the court.
2An appeal must be brought within 28 days of the...
3Unless the court otherwise directs, an appeal does not have...
4In this section, “the court” means, in respect of a...
5Where a notice relates to more than one area referred...
6Reference in paragraph 4 to— “the English area”; “the Scottish...
SCHEDULE 9Service of documents
1The provisions of this Schedule apply to the service of...
2A document must be in writing.
3A document may be served on or given to a...
4In the case of a body corporate, a document may...
5In the case of a partnership, a document may be...
6If a person to be served with or given a...
7For the purposes of this Schedule, “proper address” means—
8For the purposes of paragraph 7, the principal office of...
9Where an enforcing authority specifies an electronic address for submission...
SCHEDULE 10Revocations and amendments
PART 1Revocations to Regulations that extend to the United Kingdom
PART 2Revocations to Regulations that extend to Great Britain
PART 3Amendments to Regulations that extend to Great Britain
1The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
2In paragraph (1) of regulation 2 (interpretation)—
3In paragraph (3) of regulation 4 (classification of dangerous substances...
4For regulation 5 (safety data sheets for dangerous substances, dangerous...
5The Control of Substances Hazardous to Health Regulations 2002
6Omit paragraph (2)(a) of regulation 4 (prohibitions relating to certain...
7The Control of Asbestos Regulations 2006
8In paragraph (1) of regulation 25 (interpretation of prohibitions) omit...
9In paragraph (1) of regulation 32 (exemption certificates ) omit...
10In regulation 33 (exemptions relating to the Ministry of Defence)...
11In paragraph (2) of regulation 35 (existing licences and exemption...
PART 4Revocations to Statutory Rules of Northern Ireland
PART 5Amendments to Statutory Rules of Northern Ireland
1The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002
2In paragraph (1) of regulation 2 (interpretation)—
3In paragraph (3) of regulation 4 (classification of dangerous substances...
4For regulation 5 (safety data sheets for dangerous substances, dangerous...
5The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003
6Omit paragraph (2)(a) of regulation 4 (prohibitions relating to certain...
7The Control of Asbestos Regulations (Northern Ireland) 2007
8In paragraph (1) of regulation 25 (interpretation of prohibitions) omit...
9In regulation 32 (exemptions relating to the Ministry of Defence)...
10In paragraph (2) of regulation 34 (existing licences and exemption...

2008 No. 2852

Consumer Protection
Environmental Protection
Health And Safety

The REACH Enforcement Regulations 2008

Made

Laid before Parliament

Coming into force

The Secretary of State, being a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to persistent organic pollutants, dangerous substances, preparations and chemicals, makes the following Regulations in exercise of the powers conferred by that section:C1C2C3

Annotations:
Modifications etc. (not altering text)
C2

Regulations: power to amend conferred (9.11.2021 for specified purposes, 28.2.2022 in so far as not already in force) by Environment Act 2021 (c. 30), s. 147(1)(b)(6), Sch. 21 paras. 2-5, 7 (with s. 144); S.R. 2022/54, art. 2(1)(p)