UK Statutory Instrument SI 2008/2852 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).

Enforced by
HSE, Environment Agency, NRW
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 9 of 27 obligations carry up to 2 years imprisonment. 18 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person10 Director or Officer3 Manufacturer2 Distributor1 Employer1

Plus 10 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Manufacturer — also bound by 502 other Acts
Distributor — also bound by 182 other Acts
Employer — also bound by 682 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introduction

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
Part 2

Enforcement

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.003 Enforcement
s.004 Co-operation and information sharing
s.005 Enforcement agreements
s.006 Health and safety enforcement
Part 3

Exemptions

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.007 Defence
s.008 Marketing and use of leaded paint
Part 4

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.009 Enforcement powers
s.010 Authorised persons
Part 5

3 of 10 sections shown
s.011 Offences Imprisonment
  • Contravene listed REACH provision (excluding Article 67) or enable anotherAny Person
s.013 Offences Imprisonment
  • Obstruct authorised person, give false statements or breach REACH enforcement noticesAny Person
s.015 Bodies corporate and Scottish partnerships Imprisonment
  • Officer or partner liable for corporate REACH offenceDirector or Officer
7 other sections in this Part — procedural and definitional
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

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.021 Appeals against notices
s.022 Service of documents
Part 7

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.023 Revocations and amendments
Part 8

Review

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.024 Review of these Regulations
Schedules

Schedules

13 of 73 shown
s.sch001 Table of General REACH provisions (opens in a new tab) Regulated
  • Provide Safety Data Sheets (SDS) for hazardous substances and mixturesDistributor
s.sch001a Table of REACH transitional provisions relating to EU exit Regulated
  • Submit technical and registration info for transition to UK REACHManufacturer
s.sch001an Table of retained REACH provisions Regulated
  • Provide, update, and retain chemical Safety Data Sheets (SDS)Manufacturer
s.sch002 The functions of the Environment Agency, the Natural Resources Body... Regulated
Other duties (1) — Crown / regulator
  • Enforcement authorities must protect the environment from pollutionStatutory regulator
s.sch002 Subject to paragraph 3, the functions of the Health and... Regulated
Other duties (1) — Crown / regulator
  • Enforcement authorities must secure health, safety and control of substancesStatutory regulator
s.sch003 The Office of Rail Regulation the Office of Rail and... Regulated
Other duties (1) — Crown / regulator
  • Office of Rail and Road must perform joint enforcement duty for REACH Article 67Statutory regulator
s.sch004 A person who claims the benefit of a certificate must... Regulated
  • Produce your REACH certificate when enforcement officers ask to see itAny Person
s.sch005 Marketing and use of leaded paints (opens in a new tab) Regulated
  • Submit a declaration before using or supplying leaded paintAny Person
s.sch005a Placing asbestos-containing articles on the market Regulated
  • Apply for an exemption to sell or supply asbestos-containing articlesAny Person
Other duties (1) — Crown / regulator
  • Regulators may grant exemptions for marketing asbestos-containing articlesStatutory regulator
s.sch005a An exempting authority must not issue an asbestos exemption certificate... Regulated
Other duties (1) — Crown / regulator
  • Exempting authorities must not issue asbestos exemption unless health and safety protectedStatutory regulator
s.sch005b A professional may only demonstrate proper training and competence in... Regulated
  • Professionals must complete HSE-approved training and hold a certificate before using DCM paint stripperEmployer
s.sch006 Powers of enforcement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators have powers to enter and inspect premises for REACH complianceStatutory regulator
s.sch009 Service of documents (opens in a new tab) Regulated
  • Use correct methods and addresses when serving formal documentsAny Person
60 other schedules
s.sch001b Table of REACH provisions relating to protected NI imports
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 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 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 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...
s.003 Enforcement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must enforce REACH chemical safety regulationsStatutory regulator
s.004 Co-operation and information sharing (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must share REACH compliance information and cooperateStatutory regulator
s.006 Health and safety enforcement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Health and Safety Executive must perform enforcement duties for local authoritiesStatutory regulator
s.011 Offences (opens in a new tab) Imprisonment
  • Breach REACH chemical regulations or leaded paint restrictionsAny Person
s.013 Offences (opens in a new tab) Imprisonment
  • Obstruct authorised person, give false statements or breach REACH enforcement noticesAny Person
  • Obstructing enforcement officers or providing false informationAny Person
s.015 Bodies corporate and Scottish partnerships (opens in a new tab) Imprisonment
  • Officer or partner liable for corporate REACH offenceDirector or Officer
  • Personal liability for directors and partnersDirector or Officer
s.016 Power of court to order cause of offence to be remedied (opens in a new tab) Imprisonment
  • Fail to comply with a court order to fix a legal breachAny Person
s.024 Review of these Regulations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review and report on these Regulations every five yearsCrown / Minister / Government department
31 other provisions
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

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