The Environmental Protection (Microbeads) (Wales) Regulations 2018

CitationSI 2018/760 (W151)

2018 No. 760 (W. 151)

Environmental Protection, Wales

The Environmental Protection (Microbeads) (Wales) Regulations 2018

Made 19th June 2018

Coming into force 30th June 2018

The Welsh Ministers—

(a) have published a notice in the London Gazette and the Western Mail as required by section 140(6)(b) of the Environmental Protection Act 19901(“the 1990 Act”) and have considered the representations made in accordance with that notice;

(b) have consulted in accordance with sections 59 and 60 of the Regulatory Enforcement and Sanctions Act 20082(“the 2008 Act”) and are satisfied (in accordance with section 66 of that Act) that local authorities (who are the regulator for the purpose of these Regulations) will act in accordance with the principles referred to in section 5(2) of that Act in exercising a power conferred by these Regulations;

(c) consider it appropriate to make these Regulations for the purpose of preventing the substance or articles specified in them from causing pollution of the environment and harm to the health of animals.

In accordance with section 62(3) of the 2008 Act, a draft of these Regulations has been laid before, and approved by resolution of, the National Assembly for Wales.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 140(1)(b) and (c), (3)(c) and (d), and (9) of the 1990 Act3and sections 36, 42, 46, 48, 49, 50, 52 to 55 and 62(2) of the 2008 Act4.

1 Introduction

PART 1

Introduction

S-1 Citation, commencement, extent and application

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Environmental Protection (Microbeads) (Wales) Regulations 2018.

(2) These Regulations come into force on the 30 June 2018.

(3) These Regulations extend to England and Wales, but apply in relation to Wales only.

S-2 Interpretation

Interpretation

2. In these Regulations—

“authorised purpose” (“diben awdurdodedig”) means the purpose of determining whether an offence under regulation 3(1) or 3(2) has been or is being committed, or any requirement of a compliance notice, a stop notice or an enforcement undertaking under these Regulations has been, or is being contravened;

“compliance notice” (“hysbysiad cydymffurfio”) has the meaning given by paragraph 1(1)(b) of the Schedule;

“enforcement undertaking” (“ymgymeriad gorfodaeth”) has the meaning given by paragraph 17 of the Schedule;

“microbead” (“microbelen”) means any water-insoluble solid plastic particle of less than or equal to 5mm in any dimension;

“plastic” (“plastig”) means a synthetic polymeric substance that can be moulded, extruded or physically manipulated into various solid forms and that retains its final manufactured shape during use in its intended applications;

“the regulator” (“y rheoleiddiwr”), for the purposes of the enforcement of an offence under regulation 3(1), 3(2) or 10(1) means, in relation to any place at which a rinse-off personal care product is manufactured or supplied, the local authority with responsibility for the area in which the place is situated;

and for this purpose “local authority” (“awdurdod lleol”) means a county or county borough council constituted under section 21 of the Local Government Act 1972;

“rinse-off personal care product” (“cynnyrch gofal personol i’w rinsio i ffwrdd”) means any substance, or mixture of substances, manufactured for the purpose of being applied to any relevant human body part in the course of any personal care treatment, by an application which entails at its completion the prompt and specific removal of the product (or any residue of the product) by washing or rinsing with water, rather than leaving it to wear off or wash off, or be absorbed or shed, in the course of time;

and for this purpose—

(a) a “personal care treatment” (“triniaeth gofal personol”) means any process of cleaning, protecting or perfuming a relevant human body part, maintaining or restoring its condition or changing its appearance; and

(b) a “relevant human body part” (“rhan berthnasol o’r corff dynol”) is—

(i) any external part of the human body (including any part of the epidermis, hair system, nails or lips);

(ii) the teeth; or

(iii) mucous membranes of the oral cavity;

“stop notice” (“hysbysiad stop”) has the meaning given by paragraph 9(2) of the Schedule;

“supply”, (“cyflenwi”) in relation to a rinse-off personal care product, means supply by way of sale or its presentation as a promotional prize or gift in the course of a business;

“third party undertaking” (“ymgymeriad trydydd parti”) has the meaning given by paragraph 3(1) of the Schedule;

“Wales” (“Cymru”) has the meaning given under section 158 of the Government of Wales Act 2006.

2 Offences

PART 2

Offences

S-3 Offences

Offences

3.—(1) A person who, in the manufacture of any rinse-off personal care product, uses microbeads as an ingredient of that product is guilty of an offence.

(2) A person who supplies, or offers to supply, any rinse-off personal care product containing microbeads is guilty of an offence.

(3) A person guilty of an offence under paragraph (1) or (2) is liable on summary conviction to a fine.

S-4 Defence of due diligence for suppliers

Defence of due diligence for suppliers

4.—(1) Subject to paragraphs (2) and (4), in proceedings for an offence under regulation 3(2) it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

(a)

(a) served a notice in accordance with paragraph (3); or

(b)

(b) obtained the leave of the court.

(3) The notice must—

(a)

(a) give any information in P’s possession which identifies or assists in identifying the person who—

(i) committed the act or default; or

(ii) supplied the information on which P relied; and

(b)

(b) be served on the person bringing the proceedings not less than 7 clear days before the hearing of the proceedings.

(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

(a)

(a) to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b)

(b) to whether P had any reason to disbelieve the information.

(5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due—

(a)

(a) to the act or default of another person; or

(b)

(b) to reliance on information supplied by another person.

S-5 Time limit for the prosecution of offences

Time limit for the prosecution of offences

5.—(1) Any information relating to an offence under regulation 3 or 10 that is triable by a magistrates’ court may be so tried if it is laid within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

(2) No proceedings are to be brought more than three years after the commission of the offence.

3 Enforcement and Civil Sanctions

PART 3

Enforcement and Civil Sanctions

S-6 Enforcement

Enforcement

6.—(1) The regulator may authorise any person to exercise, for an authorised purpose and in accordance with the terms of the authorisation, any of the powers specified in regulation 8 and 9, if that person appears to the regulator suitable to exercise them.

(2) An authorisation under paragraph (1) must be in writing.

(3) In this Part, “enforcement officer” means a person authorised under paragraph (1).

S-7 Civil sanctions

Civil sanctions

7. The Schedule (civil sanctions) has effect for the purpose of the enforcement of an offence under regulation 3(1), 3(2) or 10(1).

S-8 Enforcement Officer Powers

Enforcement Officer Powers

8.—(1) The powers which an enforcement officer may be authorised to exercise are—

(a)

(a) to make such examination and investigation as may in any circumstances be necessary;

(b)

(b) to require any person whom an enforcement officer has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (a) above to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the enforcement officer thinks fit to ask and to sign a declaration of the truth of their answers; and

(c)

(c) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for the enforcement officer to see for the purposes of an examination or investigation under paragraph (a) above and to inspect and take copies of, or of any entry in, the records.

(2) Nothing in this section shall be taken to compel the production by any person of a document of which that person would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court.

S-9 Powers of entry and examination etc.

Powers of entry and examination etc.

9.—(1) The powers which an enforcement officer may be authorised to exercise are—

(a)

(a) to enter at any reasonable time any premises (other than premises used wholly or mainly as a dwelling) which the enforcement officer has reason to believe it is necessary to enter for an authorised purpose;

(b)

(b) when entering any premises under sub-paragraph (a)—

(i) to be accompanied by another enforcement officer; and

(ii) to bring any equipment or materials required for the authorised purpose in question;

(c)

(c) on entering any premises under sub-paragraph (a)—

(i) to exercise the powers in regulation 8(2); and

(ii) to take such measurements and photographs and make such recordings as the...

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