The Energy Information (Amendment) Regulations 2018

• Citation: S.I. 2018/255
• Sections: 13

Section 1 Citation and commencement

These Regulations may be cited as the Energy Information (Amendment) Regulations 2018 and come into force on 29th March 2018.

Section 2 Amendments to the Energy Information Regulations 2011

The Energy Information Regulations 2011 are amended in accordance with regulations 3 to 13.

Section 3 Amendment of regulation 2 (interpretation)

(1) In regulation 2(1)—

(a) before the definition of “authorised person”, insert—

“Article” means, except in Schedules 1 and 2, an Article in the EU Energy Labelling Regulation;

(b) for the definition of “the Directive”, substitute—

“the EU Energy Labelling Regulation” means Regulation (EU) 2017/1369 of the European Parliament and of the Council setting a framework for energy labelling and repealing Directive 2010/30/EU ;

(2) In regulation 2(2), for “Directive”, in both places in which that word occurs, substitute “EU Energy Labelling Regulation”.

Section 4 Amendment of regulation 3 (scope)

(1) For regulation 3(1), substitute—

(1) These Regulations apply to energy-related products.

(2) In regulation 3(2)—

(a) in sub-paragraph (a), after “products”, insert “unless they are imported from a third country”;

(b) omit sub-paragraph (c).

Section 5 Amendment of regulation 4 (enforcement)

(1) For regulation 4(1), substitute—

(1) The local weights and measures authority, and in relation to Northern Ireland the Department for the Economy, enforce—

(a) Article 5 (obligations of dealers);

(b) Article 6 (other obligations of suppliers and dealers) insofar as it relates to obligations placed on dealers;

(c) Article 9(1) and (4) (procedure at national level for dealing with products presenting a risk) insofar as it relates to obligations placed on dealers;

(d) Article 11(13) (procedure for the introduction and rescaling of labels) insofar as it relates to obligations placed on dealers; and

(e) RAMS.

(2) For regulation 4(2), substitute—

(2) The Secretary of State enforces—

(a) Article 3 (general obligations of suppliers);

(b) Article 4(1), (2), (4) and (6) (obligations of suppliers in relation to the product database);

(c) Article 6 (other obligations of suppliers and dealers) insofar as it relates to obligations placed on suppliers;

(d) Article 9(1) and (4) (procedure at national level for dealing with products presenting a risk) insofar as it relates to obligations placed on suppliers;

(e) Article 11(13) (procedure for the introduction and rescaling of labels) insofar as it relates to obligations placed on suppliers;

(f) Article 12(5) and (6) (product database);

(g) Article 20(3) (repeal and transitional measures); and

(h) RAMS.

Section 6 Amendment of regulation 5 (authorised persons)

In regulation 5, for “conferred by these Regulations or RAMS”, substitute “conferred by these Regulations, the EU Energy Labelling Regulation or RAMS”.

Section 7 Revocation of Part 3 (responsibilities of suppliers and dealers) and Part 4 (information)

Omit Parts 3 and 4.

Section 8 Amendment of regulation 11 (offences and penalties)

(1) For regulation 11(1), substitute—

(1) It is an offence for—

(a) a dealer to fail to comply with any of the obligations placed on the dealer by virtue of the Articles listed in regulation 4(1);

(b) a supplier to fail to comply with any of the obligations placed on the supplier by virtue of the Articles listed in regulation 4(2).

(2) In regulation 11(2), for sub-paragraph (a), substitute—

(a) on summary conviction—

(i) in England and Wales, to a fine;

(ii) in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;

Section 9 Amendment of regulation 12 (obstruction etc. )

In regulation 12(1), for the words “these Regulations or RAMS”, in each place in which they occur, substitute “these Regulations, the EU Energy Labelling Regulation or RAMS”.

Section 10 Amendment of regulation 17 (review)

In regulation 17(2), for “the Directive”, substitute “the EU Energy Labelling Regulation”.

Section 11 Amendment of Schedule 2 (powers of entry and warrants)

In Schedule 2—

(a) in paragraph 1, for the words “these Regulations and RAMS”, substitute “these Regulations, the EU Energy Labelling Regulation and RAMS”;

(b) in paragraph 2(1)—

(i) for the words “these Regulations or of RAMS”, in each place in which they occur, substitute “these Regulations, of the EU Energy Labelling Regulation or of RAMS”;

(ii) for the words “these Regulations or RAMS”, in each place in which they occur, substitute “these Regulations, the EU Energy Labelling Regulation or RAMS”;

(c) in paragraph 2(3)(b), after “these Regulations”, insert “and the EU Energy Labelling Regulation”;

(d) in paragraph 2(5)(b), for the words “these Regulations or of RAMS”, substitute “these Regulations, of the EU Energy Labelling Regulation or of RAMS”;

(e) in paragraph 3(1)—

(i) for the words “these Regulations or Article 19 of RAMS”, substitute “these Regulations, the EU Energy Labelling Regulation or Article 19 of RAMS”;

(ii) in paragraph (a), for the words “these Regulations and RAMS”, substitute “these Regulations, the EU Energy Labelling Regulation and RAMS”.

Section 12 Amendment of Schedule 3 (testing)

In paragraph 1 of Schedule 3, for the words “these Regulations or RAMS”, substitute “these Regulations, the EU Energy Labelling Regulation or RAMS”.

Section 13 Revocation of paragraph 2 of Schedule 4 (civil sanctions)

Omit paragraph 2 of Schedule 4.