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Consultation on Restricting the Marketing and Use of Short Chain Chlorinated Paraffins (SCCPs) in Scotland

Annex I: Draft Regulations

SCOTTISH STATUTORY INSTRUMENTS

2003 No.

ENVIRONMENTAL PROTECTION

The Environmental Protection (Controls on Short Chain Chlorinated Paraffins) (Scotland) Regulations 2003

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(²), and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Citation, commencement and extent

1.–(1) These Regulations may be cited as the Environmental Protection (Controls on Short Chain Chlorinated Paraffins) (Scotland) Regulations 2003 and shall come into force on 6th January 2004.

(2) These Regulations extend to Scotland only.

Interpretation

2. Expressions used in these Regulations which are also used in Council Directive 76/769/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(³), as last amended by European Parliament and Council Directive 2002/45/EC(⁴) shall have the meaning they bear in that Directive.

Prohibition on the placing on the market of short chain chlorinated paraffins

3. No person shall place short chain chlorinated paraffins on the market for use as substances, or as constituents of other substances or preparations, in concentrations higher than 1% either in metalworking or for fat liquoring of leather.

Offences and penalties

4.–(1) Any person who contravenes regulation 3, or causes or permits another person to contravene that regulation, shall be guilty of an offence.

(2) Any person guilty of an offence under paragraph (1) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to a fine.

(3) Where an offence under regulation 3 committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on that officer’s part,

that officer as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.

(4) In paragraph (3) "officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(5) If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with that member’s functions of management as if the member was a director of the body corporate.

(6) Where an offence under regulation 3 committed by a partnership in Scotland is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on that partner’s part,

that partner as well as the partnership shall be guilty of that offence and liable to be proceeded against and punished accordingly.

(7) In paragraph (6) "partner" includes a person purporting to act as a partner.

Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
2003

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, give effect to European Parliament and Council Directive 2002/45/EC which amended for the twentieth time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations.

Regulation 3 prohibits the placing on the market from 6th January 2004 of short chain chlorinated paraffins in concentrations greater than 1% for use in metalworking or for fat liquoring of leather.

Regulation 4 makes it a criminal offence to contravene regulation 3 and specifies the penalties for such an offence.

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