Appendix 2
S.I. 2008/37: memorandum from the Department
for Business, Enterprise and Regulatory Reform
Restriction of the Use of Certain Hazardous
Substances in Electrical and Electronic Equipment Regulations
2008 (S.I. 2008/37)
1. The Committee has asked the Department for
Business, Enterprise and Regulatory Reform for a memorandum on
the following point:
"If a person commits an offence under regulation
13(4), to what penalty is he liable and where is this explained?"
2. The Department has reviewed this point and
regrets to say that the Regulations make no provision for a person
who commits an offence under regulation 13(4) to be liable to
any penalty.
3. This was the result of a drafting oversight.
There should be a reference to regulation 13(4) in regulation
17(2), but this was overlooked when paragraphs (4) and (5) of
regulation 13 were copied, in modified form, from an earlier related
instrument (S.I. 2006/3289).
4. The Department apologises for this error and
is grateful to the Committee for pointing it out. A corrective
instrument will be laid, with copies being made available free
of charge, as soon as possible.
Department for Business, Enterprise and Regulatory
Reform
4th February 2008
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