The Fluorinated Greenhouse Gases Regulations 2015

• “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body.

Disclosure of information held by Revenue and Customs

7A

• (1) This regulation applies to information which is held by or on behalf of Revenue and Customs, including information obtained before the coming into force of this regulation.

• (2) Revenue and Customs may disclose information, in accordance with this regulation, to any of the following enforcing authorities if the disclosure is made for the purpose of enabling the enforcing authority to comply with its duties under regulation 20(1)—

• (a) the Environment Agency;

• (b) the Secretary of State;

• (c) the Natural Resources Body for Wales;

• (d) the Welsh Ministers;

• (e) SEPA;

• (f) the Scottish Ministers.

• (3) Information obtained by means of a disclosure permitted under paragraph (2) must not be further disclosed except—

• (a) for the purpose mentioned in that paragraph, or

• (b) with the consent of the Commissioners for Revenue and Customs (which may be general or specific).

• (4) Nothing in this regulation authorises the making of any disclosure which is prohibited by any provision of the Data Protection Act 1998.

• (5) Nothing in this regulation prejudices any power or requirement to disclose information which exists apart from this regulation.

Appointment of certification, evaluation and attestation bodies

Certificates relating to electrical switchgear issued in EEA States and Northern Ireland

Publication of details of certification bodies, attestation bodies and evaluation bodies

19A

• (1) The Secretary of State must, after consulting the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs, publish the following information about any person appointed as a certification body, attestation body or evaluation body under regulation 8—

• (a) name;

• (b) company number, where relevant;

• (c) postal address;

• (d) telephone number;

• (e) email address.

• (2) Publication under this regulation is to be in such manner as the Secretary of State considers appropriate.

Offences relating to disclosure of information held by Revenue and Customs

29A

• (1) It is an offence for a person to contravene regulation 7A(3) if the disclosed information relates to a person whose identity—

• (a) is specified in the disclosure, or

• (b) can be deduced from it.

• (2) It is a defence for a person charged with an offence under this regulation to prove that the person reasonably believed—

• (a) that the disclosure was lawful, or

• (b) that the information had already been lawfully made available to the public.

• (3) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and Customs Act 2005 apply to an offence under this regulation as they apply to an offence under that section.

Offences committed by bodies corporate, partnerships and unincorporated associations

Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of Commission Regulation 2016/879	Summary of subject matter
Article 1(2)	Requirement for importers of equipment charged with hydrofluorocarbons to ensure that a copy of the declaration of conformity is available to the customs authorities when the customs declaration is submitted.
Article 4	Requirement for importers of equipment to submit the verification document using the reporting tool made available by the Commission appropriate regulator under Article 1 of Commission Regulation 1191/2014 by 31st March every year for the preceding calendar year.

Appeals against enforcement notices etc.

PART 5A — Civil penalties

Civil penalties

31A

• (1) A relevant enforcing authority may impose a requirement to pay a civil penalty in accordance with Schedule 4.

• (2) The requirement to pay a civil penalty may be imposed on any person who—

• (a) fails to comply with—

• (i) a provision of the 2014 Regulation specified in Schedule 2;

• (ii) a provision of the Commission Regulations specified in Schedule 3, read in association with Part 3 of these Regulations;

• (b) causes or permits another person to do any of the following—

• (i) breach any of the prohibitions mentioned in the following provisions of the 2014 Regulation—

• (aa) Article 3(1) (prohibition on intentional release of fluorinated greenhouse gas);

• (bb) Article 11(1) (read in association with Article 11(2) and (3)) (prohibition on placing specified products and equipment on the market);

• (cc) Article 14(1) (prohibition on placing equipment not accounted for within quota system on the market);

• (ii) breach Article 14(2) of the 2014 Regulation (requirements to document placing on the market and to draw up declaration of conformity);

• (iii) breach the second paragraph of Article 15(1) (read in association with Article 15(2) and (3)) of the 2014 Regulation (requirement to ensure quantities placed on market do not exceed quota);

• (c) submits a report under Article 19 of the 2014 Regulation which is not in accordance with Commission Regulation 1191/2014;

• (d) fails, where labelling for products and equipment is required under Article 12 of the 2014 Regulation, to comply with Article 2 of Commission Regulation 2015/2068 (labelling format);

• (e) fails to comply with a requirement under regulation 18;

• (f) fails to comply with a requirement under regulation 19;

• (g) fails to comply with an information notice served under regulation 24;

• (h) fails, or causes or permits another person to fail, to—

• (i) comply with a requirement under regulation 28(2), (3) or (4);

• (ii) comply with an enforcement notice;

• (i) intentionally obstructs any person acting in the execution or enforcement of these Regulations;

• (j) fails, without reasonable cause, to give to any such person any assistance or information which that person may reasonably require for those purposes;

• (k) furnishes to any such person any information knowing it to be false or misleading;

• (l) fails to produce a document or record to any such person when required to do so.

• (3) A civil penalty may be imposed by a relevant enforcing authority on a person qualified in relation to fire protection systems who fails to comply with any of the following requirements of Commission Regulation 1497/2007—

• (a) Article 3 (checking system records);

• (b) Article 4(1) (visual checks by certified personnel);

• (c) Article 4(2) (checks in cases of presumed leakage);

• (d) Article 6 (follow-up check).

• (4) A civil penalty may be imposed by a relevant enforcing authority on an operator of a fire protection system who fails to ensure that the following requirements of Commission Regulation 1497/2007 are carried out by a person qualified in relation to fire protection systems—

• (a) Article 4(4) (checking of pressure gauges and weight-monitoring devices);

• (b) Article 5 (repair of leakage);

• (c) Article 7 (requirements for newly commissioned systems).

• (5) Subject to paragraph (7), a civil penalty may be imposed by a relevant enforcing authority on a person qualified in relation to stationary equipment who fails to comply with any of the following requirements of Commission Regulation 1516/2007—

• (a) Article 3 (checking equipment records);

• (b) Article 4 (systematic checks);

• (c) Article 5 (choice of measuring method);

• (d) Article 6 (direct measuring methods);

• (e) Article 7(1) (indirect measuring methods);

• (f) Article 7(2) (examination using a direct method);

• (g) Article 9 (follow-up check).

• (6) Subject to paragraph (7), a civil penalty may be imposed by a relevant enforcing authority on an operator of stationary equipment who—

• (a) fails to comply with any of the following requirements of Commission Regulation 1516/2007—

• (i) Article 2(1) (equipment records);

• (ii) Article 2(3) (determination of gas charge by certified personnel);

• (b) fails to ensure that the following requirements of Commission Regulation 1516/2007 are complied with—

• (i) Article 2(2) (indication of gas charge);

• (ii) Article 2(4) (indication of leakage cause);

• (c) fails to ensure that the following requirements of Commission Regulation 1516/2007 are carried out by a person qualified in relation to stationary equipment—

• (i) Article 8 (repair of leakage);

• (ii) Article 10 (requirements for newly commissioned equipment).

• (7) Paragraphs (5) and (6) do not apply in respect of equipment with a hermetically sealed system which—

• (a) is labelled as having such a system, and

• (b) contains less than 6 kilograms of fluorinated greenhouse gases.

• (8) Schedule 4 (which provides for civil penalties) has effect.

SCHEDULE 4 — Civil penalties

Imposition of a civil penalty

1

• (1) A relevant enforcing authority may by notice impose on any person, in relation to a failure to comply with any provision referred to in regulation 31A, a requirement to pay a civil penalty to the relevant enforcing authority of such an amount as the notice may specify or determine, subject to sub-paragraph (4).

• (2) The standard of proof to be applied by a relevant enforcing authority imposing a civil penalty under these Regulations is on a balance of probabilities.

• (3) A civil penalty may not be imposed—

• (a) on more than one occasion in relation to the same act or omission;

• (b) in relation to an act or omission that resulted in a criminal conviction.

• (4) The maximum civil penalty is £200,000, except as provided in the following table—

Column 1	Column 2
Maximum civil penalty	Provision subject to civil penalty
£100,000 in relation to the entries in column 2	Regulation 18
	Article 3(2), (3) (except in relation to the failure of operators of equipment to ensure that equipment is repaired without undue delay where a leakage of fluorinated greenhouse gases is detected) and (4) of the 2014 Regulation
	Article 4(1) of the 2014 Regulation
	Article 5(1), (2), (3) and (4) of the 2014 Regulation
	Article 7(1) of the 2014 Regulation
	Article 8(1), (2) and (3) of the 2014 Regulation
	Article 13(1), (2) and (3) of the 2014 Regulation
	Article 17(1) of the 2014 Regulation
	Article 19(5) and (6) of the 2014 Regulation
	Article 3 of Commission Regulation 1497/2007
	Article 4(1), (2) and (4) of Commission Regulation 1497/2007
	Article 5 of Commission Regulation 1497/2007
	Article 6 of Commission Regulation 1497/2007
	Article 7 of Commission Regulation 1497/2007
	Article 2(1), (2), (3) and (4) of Commission Regulation 1516/2007
	Article 3 of Commission Regulation 1516/2007
	Article 4 of Commission Regulation 1516/2007
	Article 5 of Commission Regulation 1516/2007
	Article 6 of Commission Regulation 1516/2007
	Article 7(1) and (2) of Commission Regulation 1516/2007
	Article 8 of Commission Regulation 1516/2007
	Article 9 of Commission Regulation 1516/2007
	Article 10 of Commission Regulation 1516/2007
	Article 4(1) of Commission Regulation 304/2008
	Article 7(1) of Commission Regulation 304/2008
	Article 2(1) of Commission Regulation 307/2008
	Article 2(1) of Commission Regulation 2015/2066
	Article 3(1) of Commission Regulation 2015/2067
	Article 5 of Commission Regulation 2015/2067
£50,000 in relation to the entries in column 2	Regulation 19
	Article 6(1), (2) and (3) of the 2014 Regulation
	Article 12(1) of the 2014 Regulation
	Article 12(5) of the 2014 Regulation
	Article 14(2) of the 2014 Regulation
	Article 2 of Commission Regulation 2015/2068
£10,000 in relation to the entries in column 2	Regulation 31A(2)(c)
	Article 19(1), (2), (3) and (4) of the 2014 Regulation
	Article 1(2) of Commission Regulation 2016/879
	Article 4 of Commission Regulation 2016/879

• (5) The Secretary of State or the Environment Agency may recover any civil penalty imposed by them under this Schedule as if payable under order of the court.

• (6) The Scottish Ministers or SEPA may recover any civil penalty imposed by them under this Schedule as if it were payable under an extract registered decree arbitral bearing a warrant for execution by a sheriff of any sheriffdom.

• (7) A relevant enforcing authority must, as soon as is reasonably practicable, pay the amount of any civil penalty that has been paid to it—

• (a) to the Secretary of State, in the case of the Environment Agency;

• (b) to the Scottish Ministers, in the case of SEPA.

Notice of intent

2

• (1) If a relevant enforcing authority proposes to impose a civil penalty on a person under this Schedule, the relevant enforcing authority must serve on that person a notice of what is proposed (“a notice of intent”).

• (2) The notice of intent must include—

• (a) the grounds for the proposed penalty,

• (b) the maximum amount of the penalty, and

• (c) information as to the right to make written representations and objections within 28 days beginning with the day on which the notice of intent was received.

Making representations and objections

3

A person on whom a notice of intent is served by a relevant enforcing authority may, within 28 days beginning with the day on which the notice was received, make written representations and objections to the relevant enforcing authority in relation to the proposed imposition of a civil penalty.

Civil penalty notice

4

• (1) After the end of the period for making representations and objections under paragraph 3, the relevant enforcing authority which served the notice of intent must decide whether to impose the civil penalty set out in the notice of intent, with or without modifications.

• (2) Where the relevant enforcing authority decides to impose a civil penalty, the notice imposing it must include information as to—

• (a) the grounds for imposing the penalty,

• (b) the amount to be paid,

• (c) how payment may be made,

• (d) the period within which payment must be made, which must be not less than 28 days,

• (e) rights of appeal, and

• (f) the consequences of failing to comply with the notice.

Withdrawing or amending a notice

5

The relevant enforcing authority may in writing, at any time before payment is made to it in accordance with a civil penalty notice, withdraw the notice or amend the amount specified in the notice.

Enforcement cost recovery notice

6

• (1) A relevant enforcing authority may by notice require a person on whom it has served a civil penalty notice to pay the costs incurred by the relevant enforcing authority in relation to the service of that civil penalty notice up to the time of its service.

• (2) Examples of costs include—

• (a) costs of detaining goods;

• (b) investigation costs;

• (c) administration costs;

• (d) costs of obtaining expert advice (including legal advice).

• (3) The enforcement cost recovery notice must specify—

• (a) the grounds for serving the notice,

• (b) the amount to be paid,

• (c) how payment may be made,

• (d) the period within which payment must be made, which must not be less than 28 days, and

• (e) the right of appeal.

Publication of enforcement action

7

• (1) Each relevant enforcing authority must from time to time publish the following information about cases in which civil penalties have been imposed—

• (a) the name of the person on whom the penalty was imposed;

• (b) the nature of the breach to which the penalty relates;

• (c) the amount of the penalty.

• (2) Information must not be published until after the expiry of the period for making an appeal or, where an appeal has been made, until after the appeal has been determined.

• (3) The requirement to publish information does not include cases where a civil penalty notice has been served but is subsequently withdrawn or quashed.

SCHEDULE 5 — Appeals

Appeals against notices served by the Environment Agency or the Secretary of State

1

• (1) A person on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by the Environment Agency or the Secretary of State may appeal against it to the First-tier Tribunal.

• (2) An appeal must be made within 28 days beginning with the day on which the notice subject to the appeal is served.

• (3) A person bringing an appeal under sub-paragraph (1) may withdraw the appeal at any time before the appeal is determined.

• (4) Where an appeal is made under sub-paragraph (1), the notice is suspended until the appeal is withdrawn or determined by the First-tier Tribunal in accordance with sub-paragraph (5).

• (5) The First-tier Tribunal may—

• (a) affirm the notice;

• (b) direct the Environment Agency or Secretary of State to vary or withdraw the notice;

• (c) impose such other enforcement notice, civil penalty notice or enforcement cost recovery notice as the First-tier Tribunal thinks fit.

Appeals against notices served by the Scottish Ministers

2

• (1) A person on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by the Scottish Ministers may appeal against it to the sheriff.

• (2) The appeal must be made within 28 days beginning with the day on which the notice is served.

• (3) A person bringing an appeal under sub-paragraph (1) may withdraw the appeal at any time before the appeal is determined.

• (4) Where an appeal is made under sub-paragraph (1), the notice is suspended until the appeal is withdrawn or determined by the sheriff in accordance with sub-paragraph (5).

• (5) The sheriff may, without prejudice to any other powers the sheriff may exercise—

• (a) affirm the notice;

• (b) direct the Scottish Ministers to vary or withdraw the notice;

• (c) impose such other enforcement notice, civil penalty notice or, as the case may be, enforcement cost recovery notice as the sheriff thinks fit.

Appeals against notices served by SEPA

3

• (1) A person, other than the Scottish Ministers, on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by SEPA may appeal against it to the Scottish Ministers.

• (2) Subject to sub-paragraph (3), an appeal under sub-paragraph (1) must be made by notice in writing (“appeal notice”) within a period of 28 days beginning with the day on which the notice which is the subject of the appeal is served.

• (3) The Scottish Ministers may at any time allow an appeal to be made after the expiry of the period mentioned in sub-paragraph (2).

• (4) The appeal notice must be accompanied by—

• (a) a statement of the grounds of appeal,

• (b) a copy of any correspondence or document relevant to the appeal, and

• (c) a statement indicating whether the person making an appeal under sub-paragraph (1) (“the appellant”) wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations.

• (5) The appellant must also serve on SEPA a copy of the appeal notice together with copies of any documents referred to in sub-paragraph (4) which accompanied it.

• (6) The appellant may, by further notice in writing to SEPA, withdraw the appeal made under sub-paragraph (1) at any time before the appeal is determined.

• (7) Where an appeal under sub-paragraph (1) is made under this paragraph, the notice is suspended until the appeal is either withdrawn under sub-paragraph (6) or determined in accordance with sub-paragraph (11).

• (8) The Scottish Ministers may—

• (a) appoint any person to exercise on their behalf, with or without payment, the function of determining the appeal in accordance with sub-paragraph (11), or

• (b) refer for determination any matter involved in the appeal to such person as the Scottish Ministers may appoint for the purpose, with or without payment.

• (9) If the appellant requests that an appeal under sub-paragraph (1) is in the form of a hearing, or the Scottish Ministers so decide—

• (a) the appeal must be in the form of a hearing;

• (b) the appeal must continue in the form of a hearing, despite previously being considered on the basis of written representations.

• (10) Except in a case where an appeal is withdrawn under sub-paragraph (6), the Scottish Ministers or, with the agreement of the Scottish Ministers, any person appointed to determine an appeal (“the appointed person”), must notify the appellant and SEPA in writing of the decision and the reasons for the decision.

• (11) The Scottish Ministers may—

• (a) affirm the notice which is subject to the appeal under sub-paragraph (1);

• (b) vary or withdraw the notice;

• (c) impose such other enforcement notice, civil penalty notice or, as the case may be, enforcement cost recovery notice as the Scottish Ministers think fit, or as the case may be, the appointed person thinks fit.

• (12) Where the determination is that the notice subject to the appeal under sub-paragraph (1) is to be varied or withdrawn, SEPA must give effect to the determination.

• (13) Where an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by SEPA on the Scottish Ministers (“the relevant notice”), the Scottish Ministers may appeal against it to the sheriff.

• (14) An appeal under sub-paragraph (13) must be made within 28 days beginning with the day on which the relevant notice is served.

• (15) The Scottish Ministers bringing an appeal under sub-paragraph (13) may withdraw the appeal at any time before the appeal is determined.

• (16) Where an appeal is made under sub-paragraph (13), the relevant notice is suspended until the appeal is withdrawn or determined by the sheriff in accordance with sub-paragraph (17).

• (17) The sheriff may, without prejudice to any other powers the sheriff may exercise—

• (a) affirm the relevant notice;

• (b) direct SEPA to vary or withdraw the relevant notice;

• (c) impose such other enforcement notice, civil penalty notice or, as the case may be, enforcement cost recovery notice as the sheriff thinks fit.

Grounds for appeal

4

• (1) The grounds for an appeal against an enforcement notice under paragraph 1(1), 2(1), 3(1) or 3(13) of this Schedule are that the relevant enforcing authority’s decision to serve the enforcement notice was—

• (a) based on an error of fact;

• (b) wrong in law;

• (c) wrong for any other reason;

• (d) unreasonable.

• (2) The grounds for an appeal against a civil penalty notice under paragraph 1(1), 2(1), 3(1) or 3(13) of this Schedule are—

• (a) that the relevant enforcing authority’s decision to serve the civil penalty notice was—

• (i) based on an error of fact;

• (ii) wrong in law;

• (iii) wrong for any other reason;

• (iv) unreasonable;

• (b) that the amount specified in, or determined by, the notice is unreasonable.

• (3) The grounds for an appeal against an enforcement cost recovery notice under paragraph 1(1), 2(1), 3(1) or 3(13) of this Schedule are—

• (a) that the relevant enforcing authority’s decision to serve the enforcement cost recovery notice was—

• (i) based on an error of fact;

• (ii) wrong in law;

• (iii) wrong for any other reason;

• (iv) unreasonable;

• (b) that the amount specified in the notice is unreasonable.