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The Control of Mercury (Enforcement) Regulations 2017

Consolidated Text As Enacted Cited authorities 87 Cited in Amendments 16 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2017/1200
(1) These Regulations may be cited as the Control of Mercury (Enforcement) Regulations 2017.in the territorial sea (see regulation 3) , andin respect of offshore installations in the offshore area (see paragraphs 1 and 2 of Schedule 2) .(1) These Regulations (except Parts 2 and 3) come into force on 1st January 2018.(2) Parts 2 and 3 (which are about civil enforcement except in Scotland and the Scottish offshore area) come into force on 1st April 2018.
  • In these Regulations—
  • In these Regulations, “offshore installation”, “
  • the Agency, for England and offshore installations in the English offshore area;
  • DAERA, for Northern Ireland;
  • SEPA, for Scotland and offshore installations in the Scottish offshore area;
  • NRW, for Wales.
  • F36DAERA
    • in England and in respect of offshore installations in the English offshore area (see paragraphs 1 and 3 of Schedule 2) , andin Wales.(1) An enforcing authority may give a person an enforcement notice if condition A or B is met.(2) An enforcement notice is a notice requiring the person to take action (including to stop doing any thing) .(3) Condition A is that the enforcing authority is of the opinion that the person has failed or is failing to comply with a relevant provision or provisions.(4) Condition B is that the enforcing authority is of the opinion that the person is likely to fail to comply with a relevant provision or provisions.action to ensure compliance with the relevant provision or provisions in question;action to remediate any environmental damage attributable to the non-compliance in question;action to remove or mitigate any risk of non-compliance with the relevant provision or provisions in question.the matters constituting the failure or likelihood of failure,the action which must be taken under paragraph (5) ,the period (the “compliance period”) within which the action must be taken,that there is a right to appeal against the enforcement notice and how that right may be exercised, andthe consequences of failing to comply with the enforcement notice (see regulations 9, 10, 18 and 41 which relate to action to ensure compliance, civil penalties, civil proceedings and offences respectively) .(7) An enforcing authority may withdraw an enforcement notice given by it by informing the person to whom it was given in writing.that the decision to give the enforcement notice was based on an error of fact;that the decision was wrong in law;

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