The Energy Information Regulations 2011 (Version in vigour from 2020-11-23 to )
| Currency | Unapplied |
| Coming into Force | 23 November 2020 |
2011 No. 1524
Energy Conservation
The Energy Information Regulations 2011
Made 20th June 2011
Laid before Parliament 22th June 2011
Coming into force 20th July 2011
The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the environmental aspects of product design and makes these Regulations under the powers conferred by that section.
PART 1
Introductory
Citation and commencement
1. These Regulations may be cited as the Energy Information Regulations 2011 and come into force on 20th July 2011.
Interpretation
2.—(1) In these Regulations—
“authorised person” means a person authorised by the market surveillance authority in accordance with regulation 5;
“the Directive” means Directive 2010/30/EU of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products3;
“EU measure” means, in relation to a product mentioned in column 1 of the table in Schedule 1, the corresponding EU measure referred to in column 2 of that table;
“local weights and measures authority” means in England, Wales and Scotland a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 19854;
“market surveillance authority” has the meaning given in regulation 4; and
“RAMS” means Regulation (EC) No 765/2008of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/935.
(2) Expressions not defined in paragraph (1) which are used in these Regulations and—
(a)
(a) in an EU measure;
(b)
(b) in the Directive; or
(c)
(c) in RAMS,
have the meaning they bear in that EU measure, Directive or RAMS.
Scope
3.—(1) These Regulations apply to energy-related products which have a significant direct or indirect impact on the consumption of energy and, where relevant, on other essential resources during use.
(2) These Regulations do not apply to—
(a)
(a) second-hand products;
(b)
(b) any means of transport for persons or goods;
(c)
(c) the rating plate or its equivalent affixed for safety purposes to products.
PART 2
Enforcement
Enforcement
4.—(1) The local weights and measures authority, and in relation to Northern Ireland the Department of Enterprise Trade and Investment, enforce regulation 8 (responsibilities of dealers), regulation 9 (information requirements) and RAMS.
(2) The Secretary of State enforces regulation 7 (responsibilities of suppliers), regulation 9, regulation 10 (misleading information) and RAMS.
(3) Each of these is referred to as a “market surveillance authority”.
Authorised persons
5. A market surveillance authority may authorise in writing any person who appears suitable to act on its behalf to carry out any of its functions and to exercise any of the powers or duties conferred by these Regulations or RAMS.
Schedules
6. The following have effect—
(a) Schedule 1 (EU measures);
(b) Schedule 2 (powers of entry and warrants);
(c) Schedule 3 (testing);
(d) Schedule 4 (civil sanctions).
PART 3
Responsibilities of suppliers and dealers
Responsibilities of suppliers
7.—(1) When placing on the market or putting into service products regulated by an EU measure, suppliers must—
(a)
(a) supply a label and a fiche which comply with these Regulations and the EU measure;
(b)
(b) produce technical documentation which is sufficient to enable the accuracy of the information contained in the label and the fiche to be assessed.
(2) The documentation in paragraph (1)(b) must include—
(a)
(a) a general description of the product;
(b)
(b) if relevant, the results of design calculations;
(c)
(c) if available, test reports including those carried out by the relevant notified organisations;
(d)
(d) if values are used for similar models, the references allowing identification of those models.
(3) Suppliers must—
(a)
(a) make the documentation available for inspection purposes for a period of at least 5 years beginning with the date the last product was manufactured;
(b)
(b) make available an electronic version of the documentation on request to the market surveillance authority and to the European Commission within 10 working days of receipt of a request by the market surveillance authority or the Commission;
(c)
(c) provide the labels free of charge to dealers;
(d)
(d) deliver labels promptly upon request from dealers;
(e)
(e) provide the fiche free of charge; and
(f)
(f) include a fiche in any product brochure.
(4) If the product brochures in paragraph (3)(f) are not provided by the supplier, the supplier must provide fiches in any literature provided with the product.
(5) A supplier must ensure that any information contained on any label or in any fiche is accurate.
(6) Suppliers are deemed to consent to the publication of the information provided on any label or fiche.
Responsibilities of dealers
8.—(1) Dealers must make the fiche available in the product brochure or any literature which accompanies the product when sold to end-users.
(2) When a product is displayed, dealers must attach the label in the clearly visible position specified in the EU measure.
PART 4
Information
Information requirements
9.—(1) Any person who offers any products regulated by an EU measure for sale, hire or hire-purchase or displays to end-users directly or indirectly by any means of distance selling, including the internet must bring to the attention of end-users information relating to the consumption of electric energy, and where relevant other essential resources during use, and any other supplementary information, by means of—
(a)
(a) the fiche; and
(b)
(b) the label related to the products,
in accordance with the EU measure.
(2) A person who builds in or installs a product must display such information if required by the EU measure.
(3) Any person who advertises a specific model of a product regulated by an EU measure must, when energy-related or price information is disclosed, include a reference to the energy efficiency class of the product as set out in the EU measure.
(4) Any person who provides technical promotional material to end-users which describes the specific technical parameters of a product regulated by an EU measure including technical manuals and manufacturers’ brochures whether printed or online must—
(a)
(a) provide end-users with information regarding the energy consumption of that product; or
(b)
(b) include a reference to the energy efficiency class of that product as set out in the EU measure.
Misleading information
10. A person must not display any label, mark, symbol or inscription which does not comply with the requirements of the Directive, these Regulations or an EU measure if the display is likely to mislead or confuse end-users with respect to the consumption of energy or, where relevant, other essential resources during use.
PART 5
Offences and penalties
Offences and penalties
11.—(1) It is an offence for any person to contravene any of regulations 7 to 10.
(2) Any person guilty of an offence under paragraph (1) is liable—
(a)
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b)
(b) on conviction on indictment, to a fine.
Obstruction etc.
12.—(1) It is an offence for any person—
(a)
(a) intentionally to fail to comply with any instruction given by an authorised person acting in pursuance of their powers or duties under these Regulations or RAMS;
(b)
(b) intentionally to obstruct an authorised person acting in pursuance of their powers or duties under these Regulations or RAMS;
(c)
(c) knowingly or recklessly to make a statement which is false or misleading in purported compliance with any requirement imposed under these Regulations or RAMS;
(d)
(d) without reasonable cause fail to give an authorised person any other assistance or information which that authorised person may reasonably require for the purposes of the exercise of their powers or duties under these Regulations or RAMS.
(2) Any person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under Schedule 2.
Time limit for prosecution of offences
13.—(1) An offence under these Regulations may be tried by summary proceedings if—
(a)
(a) in England and Wales, the information is laid;
(b)
(b) in Northern Ireland, the complaint is made; or
(c)
(c) in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the market surveillance authority thinks is sufficient to justify the proceedings comes to the market surveillance authority’s knowledge.
(2) For the purposes of paragraph (1)—
(a)
(a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the market surveillance authority’s knowledge is to be conclusive evidence of that fact; and
(b)
(b) a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.
Bodies corporate
14.—(1) If an offence under these Regulations committed by a body corporate is proved—
(a)
(a) to have been committed with the consent or connivance of an officer, or
(b)
(b) to be attributable to any neglect on the part of the officer,
the officer, as well as the body corporate, is...
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