UK Statutory Instrument 2008 United Kingdom

The REACH Enforcement Regulations 2008

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At a glance

Enforced by

HSE, Environment Agency, NRW

What's here

22 compliance obligations, 4 practical guides · 1 journey

Penalty landscape

9 of 22 obligations carry up to 2 years imprisonment. 13 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Any Person 9
  • Director or Officer 3
  • Manufacturer 2
  • Distributor 1

Plus 7 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Supporting — topic alignment

4 guides

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Any Person also bound by 742 other Acts (top 5 shown)
Directors and Officers also bound by 221 other Acts (top 5 shown)
Manufacturers also bound by 81 other Acts (top 5 shown)
Distributors also bound by 33 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — Introduction

Browse 3 other sections in this Part — procedural / definitional / commencement
s.001

Citation and commencement

s.001

Application

s.002

Interpretation

Part 2 — Enforcement

Browse 5 other sections in this Part — procedural / definitional / commencement
s.003

Enforcement

s.003

Enforcement: relevant nuclear sites

s.004

Co-operation and information sharing

s.005

Enforcement agreements

s.006

Health and safety enforcement

Part 3 — Exemptions

Browse 4 other sections in this Part — procedural / definitional / commencement
s.007

Defence

s.008

Marketing and use of leaded paint

s.008

Placing asbestos-containing articles on the market

s.008

Placing on the market and use of paint stripper containing dichloromethane

Part 4

Browse 2 other sections in this Part — procedural / definitional / commencement
s.009

Enforcement powers

s.010

Authorised persons

Part 5

s.011

Offences

2 years imprisonment
  • Contravene listed REACH provision (excluding Article 67) or enable another Any Person
s.013

Offences

2 years imprisonment
  • Obstruct authorised person, give false statements or breach REACH enforcement notices Any Person
s.015

Bodies corporate and Scottish partnerships

2 years imprisonment
  • Officer or partner liable for corporate REACH offence Director or Officer
Browse 7 other sections in this Part — procedural / definitional / commencement
s.012

Penalties

s.014

Penalties

s.016

Power of court to order cause of offence to be remedied

s.017

Appearance of authorised persons before a court of summary jurisdiction

s.018

Criminal proceedings under regulation 11 or 13

s.019

Criminal proceedings against the Crown

s.020

Proceedings before a civil court

Part 6

Browse 2 other sections in this Part — procedural / definitional / commencement
s.021

Appeals against notices

s.022

Service of documents

Part 7

Browse 1 other section in this Part — procedural / definitional / commencement
s.023

Revocations and amendments

Part 8 — Review

Browse 1 other section in this Part — procedural / definitional / commencement
s.024

Review of these Regulations

Schedules

s.sch001a

Table of REACH transitional provisions relating to EU exit

  • Submit technical and registration info for transition to UK REACH Manufacturer
s.sch001an

Table of retained REACH provisions

  • Provide, update, and retain chemical Safety Data Sheets (SDS) Manufacturer
s.sch005a

Placing asbestos-containing articles on the market

  • Apply for an exemption to sell or supply asbestos-containing articles Any Person
Other duties (1) — Crown / regulator
  • Regulators may grant exemptions for marketing asbestos-containing articles Statutory regulator
s.sch005a

An exempting authority must not issue an asbestos exemption certificate...

Other duties (1) — Crown / regulator
  • Exempting authorities must not issue asbestos exemption unless health and safety protected Statutory regulator
s.sch006

Powers of enforcement

Other duties (1) — Crown / regulator
  • Regulators have powers to enter and inspect premises for REACH compliance Statutory regulator
s.sch009

Service of documents

  • Use correct methods and addresses when serving formal documents Any Person
Browse 65 other Schedules — structural / supplementary
s.sch001b

Table of REACH provisions relating to protected NI imports

s.sch002

The functions of the Environment Agency, the Natural Resources Body...

s.sch002

Subject to paragraph 3, the functions of the Health and...

s.sch002

In Northern Ireland, paragraph 2 does not apply in respect...

s.sch002

The function of a local (consumer safety) authority is to...

s.sch002

The function of the Secretary of State is to control...

s.sch002

(1) Subject to sub-paragraph (2), the functions of the Office...

s.sch003

The Office of Rail Regulation the Office of Rail and...

s.sch003

Subject to Part 4, the Executive must perform the joint...

s.sch003

In Great Britain, the bodies referred to in paragraph 4...

s.sch003

In Northern Ireland, the bodies referred to in paragraph 4...

s.sch003

Subject to Part 4, the Executive must perform the joint...

s.sch004

The Secretary of State may decide that it is necessary...

s.sch004

The Secretary of State may decide to apply the exemption—...

s.sch004

A decision of the Secretary of State to apply the...

s.sch004

A certificate— (a) must contain sufficient particulars of the persons...

s.sch004

The Secretary of State may provide to a person who...

s.sch004

A person who claims the benefit of a certificate must...

s.sch004

The persons referred to in paragraph 6—

s.sch004

The persons referred to in paragraph 6 in respect of...

s.sch004

Unless the contrary is proved— (a) a certificate;

s.sch005

For the purposes of this Schedule— “competent body” means— English...

s.sch005a

For the purposes of this Schedule “exempting authority” means—

s.sch005a

An exempting authority may issue a certificate in writing exempting...

s.sch005a

An asbestos exemption certificate— (a) must include conditions ensuring a...

s.sch005b

Placing on the market and use of paint stripper containing dichloromethane

s.sch005b

A person (“P”) may place on the market paint stripper...

s.sch005b

A professional may use paint stripper containing dichloromethane where that...

s.sch005b

A professional may only demonstrate proper training and competence in...

s.sch005b

A certificate issued under paragraph 3(b) may be revoked in...

s.sch005b

In this Schedule “legal requirement” means any requirement of the...

s.sch006

This section does not apply to an authorised person acting...

s.sch006

Where an order for the forfeiture of any goods is...

s.sch006

An order following an application under paragraph 29 does not...

s.sch006

An order under paragraph 29 does not take effect—

s.sch006

Subject to paragraph 40, goods forfeited under this section must...

s.sch006

The sheriff may direct that the goods be released, to...

s.sch006

The powers of an authorised person acting on behalf of...

s.sch006

For the purposes of this section of this Schedule “the...

s.sch007

In respect of the Environment Agency , the Natural Resources...

s.sch007

In respect of the Department of the Environment, an authorisation...

s.sch007

In respect of— (a) the Health and Safety Executive;...

s.sch007

In respect of— (a) the Health and Safety Executive for...

s.sch007

In respect of— (a) a local (consumer safety) authority in...

s.sch007

In respect of the Secretary of State, an authorisation made...

s.sch008

In this Part— (a) “assessor” has the same meaning as...

s.sch008

The appeal body may— (a) appoint a person, with or...

s.sch008

In the case of a prohibition notice or an enforcement...

s.sch008

One or more assessors may be appointed in respect of...

s.sch009

The provisions of this Schedule apply to the service of...

s.sch009

A document must be in writing.

s.sch009

A document may be served on or given to a...

s.sch009

In the case of a body corporate, a document may...

s.sch009

In the case of a partnership, a document may be...

s.sch009

If a person to be served with or given a...

s.sch009

For the purposes of this Schedule, “proper address” means—

s.sch009

For the purposes of paragraph 7, the principal office of...

s.sch009

Where an enforcing authority specifies an electronic address for submission...

s.sch010

In paragraph (2) of regulation 35 (existing licences and exemption...

Other sections — not classified into a Part

These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.

s.003

Enforcement

Other duties (1) — Crown / regulator
  • Regulators must enforce REACH chemical safety regulations Statutory regulator
s.006

Health and safety enforcement

Other duties (1) — Crown / regulator
  • Health and Safety Executive must perform enforcement duties for local authorities Statutory regulator
s.011

Offences

2 years imprisonment
  • Breach REACH chemical regulations or leaded paint restrictions Any Person
s.013

Offences

2 years imprisonment
  • Obstruct authorised person, give false statements or breach REACH enforcement notices Any Person
  • Obstructing enforcement officers or providing false information Any Person
s.015

Bodies corporate and Scottish partnerships

2 years imprisonment
  • Officer or partner liable for corporate REACH offence Director or Officer
  • Personal liability for directors and partners Director or Officer
s.024

Review of these Regulations

Other duties (1) — Crown / regulator
  • Secretary of State must review and report on these Regulations every five years Crown / Minister / Government department
Browse 31 other unclassified sections
s.application

Application

s.enforcement: relevant nuclear sites

Enforcement: relevant nuclear sites

s.placing asbestos-containing articles on the market

Placing asbestos-containing articles on the market

s.placing on the market and use of paint stripper co

Placing on the market and use of paint stripper containing dichloromethane

Read the full Act on legislation.gov.uk (opens in a new tab)

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

HSE

Primary

Health and Safety Executive

Workplace health, safety, and welfare regulation across all industries. Enforces the Health and Safety at Work Act 1974 and related regulations. Investigates …

Environment Agency

Environmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …

NRW

Natural Resources Wales

Principal environmental regulator for Wales. Combines functions of Environment Agency Wales, Countryside Council for Wales, and Forestry Commission Wales. Issues environmental permits, …

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Regulators

Learn more about the bodies that enforce this legislation.