The Environmental Protection (Microbeads) (Scotland) Regulations 2018
| Jurisdiction | Scotland |
| Citation | SSI 2018/162 |
| Year | 2018 |
2018 No. 162
Environmental Protection
The Environmental Protection (Microbeads) (Scotland) Regulations 2018
Made 17th May 2018
Laid before the Scottish Parliament 21th May 2018
Coming into force 19th June 2018
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 140(1)(b) and (c), (3)(c) and (d), and (9) of the Environmental Protection Act 19901and all other powers enabling them to do so.
In accordance with section 140(6) of that Act2, they have published notices in the London Gazette and in the Edinburgh Gazette and have considered the representations made to them in accordance with those notices.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Environmental Protection (Microbeads) (Scotland) Regulations 2018 and come into force on 19th June 2018.
(2) These Regulations extend to Scotland only.
Interpretation
2. In these Regulations—
“authorised purpose” means the purpose of determining whether an offence under regulation 3(1) or (2) has been or is being committed;
“enforcement officer” means a person authorised under regulation 5;
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 19943;
“microbead” means any water-insoluble solid plastic particle of less than or equal to 5mm in any dimension;
“plastic” 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;
“rinse-off personal care product” 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” 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” is—
(i) any external part of the human body (any part of the epidermis, hair system, nails or lips);
(ii) the teeth; or
(iii) mucous membranes of the oral cavity;
“supply”, 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.
Offences
3.—(1) A person who, in the manufacture of any rinse-off personal care product, uses microbeads as an ingredient of that product commits an offence.
(2) A person who supplies, offers to supply or has in possession for supply any rinse-off personal care product containing microbeads commits an offence.
(3) A person who commits an offence under paragraph (1) or (2) is liable—
(a)
(a) on summary conviction, to a fine not exceeding £5,000;
(b)
(b) on conviction on indictment, to a term of imprisonment not exceeding 2 years or a fine not exceeding £5,000 or both.
Offences by bodies corporate
4.—(1) Where—
(a)
(a) an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association; and
(b)
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
(i) a relevant individual; or
(ii) an individual purporting to act in the capacity of a relevant individual,
the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.
(2) In paragraph (1), “relevant individual” means—
(a)
(a) in relation to a body corporate—
(i) a director, manager, secretary or other similar officer of the body;
(ii) where the affairs of the body are managed by its members, a member;
(b)
(b) in relation to a Scottish partnership, a partner;
(c)
(c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
Enforcement
5.—(1) A local authority may authorise any person to exercise in its area, for an authorised purpose and in accordance with the terms of the authorisation, any of the powers specified in regulation 6, if that person appears suitable to exercise them.
(2) An authorisation under paragraph (1) must be in writing.
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