UK REACH compliance checklist
- 1 step
UK Statutory Instrument
2008
United Kingdom
The REACH Enforcement Regulations 2008
These Regulations apply to the United Kingdom and provide for the enforcement of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)(OJ No L 396, 30.12.2006, p1).
At a glance
Enforced by
What's here
4 compliance obligations, 3 practical guides · 1 journey
Penalty landscape
3 of 4 obligations carry up to 2 years imprisonment. 1 has 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 3
- Director or Officer 1
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.
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 487 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 162 duties
- Air Navigation Order 2016 2016 106 duties
- Merchant Shipping Act 1995 1995 104 duties
- Road Traffic Act 1988 1988 101 duties
- Licensing Act 2003 2003 92 duties
Directors and Officers also bound by 166 other Acts (top 5 shown)
- Companies Act 2006 2006 108 duties
- Insolvency (England and Wales) Rules 2016 2016 51 duties
- Insolvency Act 1986 1986 34 duties
- Charities Act 2011 2011 25 duties
- CAICEA 2004 2004 23 duties
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.
Schedules
Placing asbestos-containing articles on the market
- Apply for an exemption to sell or supply asbestos-containing articles Any Person
Browse 72 other Schedules — structural / supplementary
Appeals
Service of documents
Revocations and amendments
Table of General REACH provisions
Table of REACH transitional provisions relating to EU exit
Table of retained REACH provisions
Table of REACH provisions relating to protected NI imports
Functions of enforcing authorities
The functions of the Environment Agency, the Natural Resources Body...
Subject to paragraph 3, the functions of the Health and...
In Northern Ireland, paragraph 2 does not apply in respect...
The function of a local (consumer safety) authority is to...
The function of the Secretary of State is to control...
(1) Subject to sub-paragraph (2), the functions of the Office...
Health and safety enforcement
The Office of Rail Regulation the Office of Rail and...
Subject to Part 4, the Executive must perform the joint...
In Great Britain, the bodies referred to in paragraph 4...
In Northern Ireland, the bodies referred to in paragraph 4...
Subject to Part 4, the Executive must perform the joint...
Defence exemption certificates
The Secretary of State may decide that it is necessary...
The Secretary of State may decide to apply the exemption—...
A decision of the Secretary of State to apply the...
A certificate— (a) must contain sufficient particulars of the persons...
The Secretary of State may provide to a person who...
A person who claims the benefit of a certificate must...
The persons referred to in paragraph 6—
The persons referred to in paragraph 6 in respect of...
Unless the contrary is proved— (a) a certificate;
Marketing and use of leaded paints
For the purposes of this Schedule— “competent body” means— English...
For the purposes of this Schedule “exempting authority” means—
An exempting authority may issue a certificate in writing exempting...
An asbestos exemption certificate— (a) must include conditions ensuring a...
An exempting authority must not issue an asbestos exemption certificate...
Placing on the market and use of paint stripper containing dichloromethane
A person (“P”) may place on the market paint stripper...
A professional may use paint stripper containing dichloromethane where that...
A professional may only demonstrate proper training and competence in...
A certificate issued under paragraph 3(b) may be revoked in...
In this Schedule “legal requirement” means any requirement of the...
Powers of enforcement
This section does not apply to an authorised person acting...
Where an order for the forfeiture of any goods is...
An order following an application under paragraph 29 does not...
An order under paragraph 29 does not take effect—
Subject to paragraph 40, goods forfeited under this section must...
The sheriff may direct that the goods be released, to...
The powers of an authorised person acting on behalf of...
For the purposes of this section of this Schedule “the...
Authorisations
In respect of the Environment Agency , the Natural Resources...
In respect of the Department of the Environment, an authorisation...
In respect of— (a) the Health and Safety Executive;...
In respect of— (a) the Health and Safety Executive for...
In respect of— (a) a local (consumer safety) authority in...
In respect of the Secretary of State, an authorisation made...
In this Part— (a) “assessor” has the same meaning as...
The appeal body may— (a) appoint a person, with or...
In the case of a prohibition notice or an enforcement...
One or more assessors may be appointed in respect of...
The provisions of this Schedule apply to the service of...
A document must be in writing.
A document may be served on or given to a...
In the case of a body corporate, a document may...
In the case of a partnership, a document may be...
If a person to be served with or given a...
For the purposes of this Schedule, “proper address” means—
For the purposes of paragraph 7, the principal office of...
Where an enforcing authority specifies an electronic address for submission...
In paragraph (2) of regulation 35 (existing licences and exemption...
Offences
2 years imprisonment- Contravene listed REACH provision (excluding Article 67) or enable another Any Person
Offences
2 years imprisonment- Obstruct authorised person, give false statements or breach REACH enforcement notices Any Person
Bodies corporate and Scottish partnerships
2 years imprisonment- Officer or partner liable for corporate REACH offence Director or Officer
Browse 64 other sections — procedural / definitional / commencement
Citation and commencement
Application
For the purposes of this Schedule— (a) “agricultural activities”—
Interpretation
The main activity referred to in paragraph 1 is—
Enforcement
Enforcement: relevant nuclear sites
For the purposes of paragraph 2— (a) where a vehicle...
Co-operation and information sharing
A person may supply leaded paint if that person complies...
Enforcement agreements
A person who receives a relevant declaration pursuant to paragraph...
Health and safety enforcement
A person who provides a relevant declaration under paragraph 3(b)...
Defence
If a competent body is not satisfied with the content...
Marketing and use of leaded paint
Placing asbestos-containing articles on the market
Placing on the market and use of paint stripper containing dichloromethane
Nothing in paragraph 1 compels the production by any person...
Enforcement powers
Section 2 of Part 1 of this Schedule has effect...
Authorised persons
In this section— “emergency” means a case in which it...
If it is shown to the satisfaction, in England and...
Penalties
The conditions mentioned in paragraph 11 are—
In a case where paragraph 12 applies, a justice of...
Penalties
Every warrant under paragraph 11 continues in force until the...
An authorised person must produce evidence of that person’s authorisation...
Power of court to order cause of offence to be remedied
Information obtained in consequence of the exercise of the powers...
Appearance of authorised persons before a court of summary jurisdiction
Without prejudice to the generality of paragraph 16, information obtained...
Criminal proceedings under regulation 11 or 13
A person who, in exercise of the powers in paragraph...
Criminal proceedings against the Crown
Where any person exercises any power conferred by paragraph 1(a)...
Proceedings before a civil court
Compensation is not payable by virtue of paragraph 19 in...
Appeals against notices
Any dispute as to a person’s entitlement to compensation under...
Service of documents
An authorised person is not to be liable in any...
Revocations and amendments
If an authorised person has entered any premises and has...
Review of these Regulations
An authorised person who exercises the power in paragraph 23...
If the authorised person cannot after reasonable inquiry ascertain the...
Where the powers under paragraph 23 are exercised, the enforcing...
An authorised person may, by a notice served on any...
If an authorised person is of the opinion that a...
An enforcement notice must— (a) state that the authorised person...
An enforcement notice may be withdrawn at any time.
If an authorised person is of the opinion that the...
A prohibition notice must— (a) state that the authorised person...
A prohibition notice may be withdrawn at any time.
If a person fails to comply with an enforcement notice...
References in this Part to an “enforcement notice” or a...
Application
Enforcement: relevant nuclear sites
Placing asbestos-containing articles on the market
Placing on the market and use of paint stripper containing dichloromethane
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
HSE
PrimaryHealth 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 …
Environmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …
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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Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.