Statutory Instruments

2010 No. 740

Consumer Protection

Environmental Protection

Public Health

The Detergents Regulations 2010

Made

10th March 2010

Laid before Parliament

15th March 2010

Coming into force

for the purpose of regulation 9

1st January 2015

for the purpose of remainder

6th April 2010

^M1^,^M2^,^M3^,^M4 The Secretary of State is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to measures for safety as respects, among other products, detergents; provisions concerning the composition, labelling, marketing, classification or description of, among other products, detergents ; measures relating to consumer protection ; and measures relating to the environment .

^M5 In accordance with section 56(1) of the Finance Act 1973 , the Treasury consent to the making of these Regulations.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and, in respect of regulation 8(3) and (4) and Schedule 1, the powers conferred by section 56(1) of the Finance Act 1973.

Citation and commencement

1. —(1) These Regulations may be cited as the Detergents Regulations 2010.

(2) Regulation 9 comes into force on 1st January 2015 and all other regulations come into force on 6th April 2010.

Interpretation _E1

2. —(1) In these Regulations—

[^F1 “ application for derogation ” means a request for derogation made under Article 4(2) of Regulation 648/2004; ^F1]

“ authorised officer ” means a person appointed under regulation 5;

^M6 “ Commission Recommendation ” means the Commission Recommendation of 23/XII/2005 on the tiered approach technical guidance document for the purpose of implementing Regulation (EC) No 648/2004 of the European Parliament and the Council ;

“ contravention ” includes a failure to comply;

“ controlled product ” means a detergent or surfactant;

“ enforcement authority ” means an enforcement authority specified in regulation 4;

“ port health authority ” means—

(a)

^M7 in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984) , the Common Council of the City of London, and

(b)

in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district constituted by order under section 2(4) of that Act;

“ premises ” includes any place, structure or means of transport and, in particular, includes—

(a)

any land,

(b)

any installation on land (including the foreshore and other land intermittently covered by water) and any other installation (whether floating, or resting on the seabed, or its subsoil, or resting on other land covered with water or its subsoil),

(c)

any tent or moveable structure, and

(d)

any vehicle, vessel, aircraft or hovercraft;

[^F2 “Regulation 648/2004” means Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents; ^F2]

[^F3 “Tier 1”, “Tier 2” and “Tier 3” ^F3] have the same meaning as in the Commission Recommendation.

(2) In these Regulations, terms used in Regulation 648/2004 have the same meaning as in that Regulation.

Interpretation _E13

2. —(1) In these Regulations—

“ authorised officer ” means a person appointed under regulation 5;

^F41 “ Commission Recommendation ” means the Commission Recommendation of 23/XII/2005 on the tiered approach technical guidance document for the purpose of implementing Regulation (EC) No 648/2004 of the European Parliament and the Council ;

“ contravention ” includes a failure to comply;

“ controlled product ” means a detergent or surfactant;

“ enforcement authority ” means an enforcement authority specified in regulation 4;

“ port health authority ” means—

(a)

^F42 ...

(b)

in relation to any port health district constituted by order under section 2(3) of [^F43the Public Health (Control of Disease) Act 1984^F43] , the port health authority for that district constituted by order under section 2(4) of that Act;

“ premises ” includes any place, structure or means of transport and, in particular, includes—

(a)

any land,

(b)

(c)

any tent or moveable structure, and

(d)

any vehicle, vessel, aircraft or hovercraft;

[^F44 “Regulation 648/2004” means Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents; ^F44]

“ tier ”, “ Tier 1 ”, “ Tier 2 ”, “ Tier 3 ” and “ tiered approach ” have the same meaning as in the Commission Recommendation.

(2) In these Regulations, terms used in Regulation 648/2004 have the same meaning as in that Regulation.

Competent Authority _E2

^F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Competent Authority _E14

3. —(1) The competent authority referred to in Article 8(1) of Regulation 648/2004[^F45 , in relation to Northern Ireland, is the Department of Agriculture, Environment and Rural Affairs ^F45] .

(2) The [^F46 Department of Agriculture, Environment and Rural Affairs ^F46] is responsible for discharging the following functions in [^F47 Northern Ireland ^F47] —

(a) those assigned to member States by Articles 8 and 15(1) of Regulation 648/2004; and

(b) those reserved to member States by the second sub-paragraph of Article 9(3) of that Regulation.

Enforcement Authorities _E3

4. —(1) In England, enforcement authorities for the purposes of the enforcement and execution of these Regulations are—

(a) for each London borough, the council of that borough;

(b) for each district in a metropolitan county, the council of that district;

(i) ^M8 where the county functions have been transferred to the council of that district under a structural change (as defined in section 14(1)(a) of the Local Government Act 1992) , the council of that district, and

(ii) in any other case, the council of the county;

(d) for the City of London (except the Temples), the Common Council of the City of London;

(e) for the Inner Temple, the Sub-Treasurer;

(f) for the Middle Temple, the Under Treasurer;

(g) for the Isles of Scilly, the Council of the Isles of Scilly; and

(h) for each port, in relation to imported controlled products, the port health authority of that port.

(2) In Wales, enforcement authorities for the purposes of the enforcement and execution of these Regulations are—

(a) for each county, the council of that county; and

(b) for each county borough, the council of that county borough.

^M9 (3) In Scotland, enforcement authorities for the purposes of the enforcement and execution of these Regulations are, for each of their areas, the councils constituted under section 2 of the Local Government etc (Scotland) Act 1994 .

^F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this regulation, the references to the purposes of enforcement and execution do not include either—

(a) the purposes of the competent authority under [^F6 Articles 8 and 15(1) of Regulation 648/2004^F6] ; or

(b) the purposes of discharging the functions specified in [^F7 Article 9(3) of that Regulation ^F7] .

Enforcement Authorities _E15

^F48 4. — (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F49 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F50 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In Northern Ireland, enforcement authorities for the purposes of the enforcement and execution of these Regulations are, for each local government district, the council of that district.

(5) In this regulation, the references to the purposes of enforcement and execution do not include either—

(a) the purposes of the competent authority under regulation 3(1); or

(b) the purposes of discharging the functions specified in regulation 3(2).

Authorised Officers _E4

5. —(1) The Secretary of State or an enforcement authority may appoint a person as an authorised officer for the purposes of these Regulations.

(2) A person appointed by an enforcement authority is an authorised officer within the area specified for that enforcement authority in regulation 4.

Authorised Officers _E16

5. —(1) The [^F51 Department of Agriculture, Environment and Rural Affairs ^F51] or an enforcement authority may appoint a person as an authorised officer for the purposes of these Regulations.

(2) A person appointed by an enforcement authority is an authorised officer within the area specified for that enforcement authority in regulation 4.

Provision in English of information required by Regulation 648/2004

[^F86. Where Regulation 648/2004 requires the provision of information in relation to a controlled product, such requirement is deemed not to have been met unless the information is provided in the English language. ^F8]

Contravention of Regulation 648/2004 _E5

7.[^F9—(1) Any manufacturer who places on the Great Britain market a controlled product which does not conform with Article 3(1) of Regulation 648/2004 is guilty of an offence. ^F9]

[^F10 (1A) Any manufacturer who places on the market a consumer laundry detergent [^F11 or consumer automatic dishwasher detergent ^F11] in contravention of Article 4a of Regulation 648/2004 is guilty of an offence. ^F10]

(2) Any manufacturer who—

(a) fails to comply with Article 9 of Regulation 648/2004; or

(b) fails to comply with a request under Article 9(3) of that Regulation,

is guilty of an offence.

(3) Any manufacturer who places on the market a controlled product that does not conform with Article 11 of Regulation 648/2004 is guilty of an offence.

(4) Any distributor who fails to comply with Article 11(3) or (4) of Regulation 648/2004 is guilty of an offence.

Contravention of Regulation 648/2004 _E17

7. —(1) Any manufacturer who places on the market any controlled product is guilty of an offence unless—

(a) the controlled product conforms with Article 3(1) of Regulation 648/2004; and

(b) Article 3(2) of that Regulation has been complied with.

[^F52 (1A) Any manufacturer who places on the market a consumer laundry detergent [^F53 or consumer automatic dishwasher detergent ^F53] in contravention of Article 4a of Regulation 648/2004 is guilty of an offence. ^F52]

(2) Any manufacturer who—

(a) fails to comply with Article 9 of Regulation 648/2004; or

(b) fails to comply with a request under Article 9(3) of that Regulation,

is guilty of an offence.

(3) Any manufacturer who places on the market a controlled product that does not conform with Article 11 of Regulation 648/2004 is guilty of an offence.

(4) Any distributor who fails to comply with Article 11(3) or (4) of Regulation 648/2004 is guilty of an offence.

Derogation _E6

^F128. — (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F13 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A fee is payable to the [^F14 Secretary of State ^F14] for each application for derogation.

(4) The fee for an application described in column 1 of Schedule 1 is that specified in the corresponding entry in column 2 of that Schedule.

Derogation _E18

8. —(1) A manufacturer who applies for a derogation under Article 5 of Regulation 648/2004 must do so in accordance with that Article and the Commission Recommendation.

(2) The tests referred to in Annex IV of Regulation 648/2004 must be carried out on the basis of a tiered approach in accordance with the Commission Recommendation and must accompany an application for derogation.

(3) A fee is payable to the competent authority for each application for derogation.

(4) The fee for an application described in column 1 of Schedule 1 is that specified in the corresponding entry in column 2 of that Schedule.

Prohibition on the sale of certain detergents

^F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

10. The enforcement authorities specified in the table in Schedule 2 must enforce under these Regulations the provisions of Regulation 648/2004 for which they are specified.

Enforcement notices _E7

11. —(1) This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a contravention of [^F16 regulation 7 or a ^F16] provision of Regulation 648/2004 in relation to a controlled product.

(2) The authorised officer may serve a notice in writing on one or more of the following persons—

(a) the manufacturer of the controlled product;

(b) the owner of the controlled product;

(3) A notice served under paragraph (2) must specify—

(a) the basis upon which the authorised officer has reached the opinion;

(b) the action required to be taken by the person upon whom the notice is served; and

(4) The action specified in accordance with paragraph (3)(b)—

(a) must be action that will either—

(i) remedy the failure to comply, where the failure is capable of being remedied; or

(ii) permit the controlled product to be made available to third parties in such a state and manner that there would have been no contravention of these Regulations had it been placed on the market in that state and manner; and

(b) may include one or more of the following—

(i) recovery of the controlled product from the market in [^F17 Great Britain ^F17] ;

(ii) where the controlled product had been imported into [^F17 Great Britain ^F17] , exportation of the controlled product from [^F17 Great Britain ^F17] ;

(iii) disposal of the controlled product; and

(iv) disposal of anything treated with the controlled product.

(5) The period specified in accordance with paragraph (3)(c) must not be less than 14 days, except in an emergency.

(6) Any person who fails to comply with the provisions of a notice served under paragraph (2) (or who causes or permits another person to do so) is guilty of an offence.

Enforcement notices _E19

11. —(1) This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a contravention of regulation [^F54 6 or 7 ^F54] or of a directly applicable provision of Regulation 648/2004 in relation to a controlled product.

(2) The authorised officer may serve a notice in writing on one or more of the following persons—

(a) the manufacturer of the controlled product;

(b) the owner of the controlled product;

(3) A notice served under paragraph (2) must specify—

(a) the basis upon which the authorised officer has reached the opinion;

(b) the action required to be taken by the person upon whom the notice is served; and

(4) The action specified in accordance with paragraph (3)(b)—

(a) must be action that will either—

(i) remedy the failure to comply, where the failure is capable of being remedied; or

(b) may include one or more of the following—

(i) recovery of the controlled product from the market in [^F55 Northern Ireland ^F55] ;

(ii) where the controlled product had been imported into [^F55 Northern Ireland ^F55] , exportation of the controlled product from [^F55 Northern Ireland ^F55] ;

(iii) disposal of the controlled product; and

(iv) disposal of anything treated with the controlled product.

(5) The period specified in accordance with paragraph (3)(c) must not be less than 14 days, except in an emergency.

(6) Any person who fails to comply with the provisions of a notice served under paragraph (2) (or who causes or permits another person to do so) is guilty of an offence.

Seizure and disposal of contravening products _E8

12. —(1) This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a failure to comply with [^F18 regulation 7 or a ^F18] provision of Regulation 648/2004 in relation to a controlled product.

(2) An authorised officer may seize a controlled product and may dispose of it.

(3) An authorised officer may seize anything treated with the controlled product and may dispose of it.

(4) Before taking any action under paragraph (2) or (3), the authorised officer must serve notice of intention to do so on the person appearing to the authorised officer to be in possession or charge of the controlled product.

(5) Any notice under paragraph (4) must specify—

(a) the basis upon which the authorised officer has reached the opinion;

(b) the action required to be taken by the person upon whom the notice is served; and

(6) The period specified in accordance with paragraph (5)(c) must not be less than 7 days, except in an emergency.

Seizure and disposal of contravening products _E20

12. —(1) This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a failure to comply with [^F56 regulations 6 or 7 ^F56] or a directly applicable provision of Regulation 648/2004 in relation to a controlled product.

(2) An authorised officer may seize a controlled product and may dispose of it.

(3) An authorised officer may seize anything treated with the controlled product and may dispose of it.

(5) Any notice under paragraph (4) must specify—

(a) the basis upon which the authorised officer has reached the opinion;

(b) the action required to be taken by the person upon whom the notice is served; and

(6) The period specified in accordance with paragraph (5)(c) must not be less than 7 days, except in an emergency.

Power of entry _E9

13. An authorised officer may, at all reasonable hours, enter any premises (excluding premises used only as a dwelling) for the purpose of ascertaining whether there is or has been on the premises any contravention, or any evidence of a contravention of [^F19 regulation 7 or a ^F19] provision of Regulation 648/2004 in relation to a controlled product.

Power of entry _E21

13. An authorised officer may, at all reasonable hours, enter any premises (excluding premises used only as a dwelling) for the purpose of ascertaining whether there is or has been on the premises any contravention, or any evidence of a contravention of [^F57 regulations 6 or 7 ^F57] or of a directly applicable provision of Regulation 648/2004 in relation to a controlled product.

Issue of warrants authorising entry to premises in England and Wales

[^F2014.—(1) If a justice of the peace is satisfied on sworn information in writing that there is a reasonable ground for entry into any premises in England and Wales (excluding premises used only as a dwelling) for any such purpose mentioned in regulation 13 and that either—

(a) admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,

the justice of the peace may by warrant authorise an authorised officer to enter the premises in accordance with the warrant, and, if need be, by reasonable force.

(2) Every warrant granted under paragraph (1) continues in force for a period of one month. ^F20]

Issue of warrants authorising entry to premises in Scotland

[^F2115.—(1) If a sheriff, magistrate or justice of the peace is satisfied on sworn evidence that there is reasonable ground for entry into any premises in Scotland (excluding premises used only as a dwelling) for any such purpose mentioned in regulation 13 and that either—

(a) admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or

the sheriff, magistrate or justice of the peace may by warrant authorise an authorised officer to enter the premises in accordance with the warrant and, if need be, by reasonable force.

(2) Every warrant granted under paragraph (1) continues in force for a period of one month. ^F21]

Issue of warrants authorising entry to premises in Northern Ireland

[^F2216.—(1) If a lay magistrate is satisfied on sworn complaint in writing that there is reasonable ground for entry into any premises in Northern Ireland (excluding premises used only as a dwelling) for any such purpose mentioned in regulation 13 and that either—

(a) admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or

the lay magistrate may by warrant authorise an authorised officer to enter the premises in accordance with the warrant and, if need be, by reasonable force.

(2) Every warrant granted under paragraph (1) continues in force for a period of one month. ^F22]

Power of entry: supplemental _E10

17. An authorised officer entering any premises in accordance with regulation 13, or under the authority of a warrant issued under regulation [^F23 14 or 15 ^F23] (as the case may be)—

(a) must produce evidence of authority if requested to do so;

(b) may be accompanied by such other persons as the authorised officer considers necessary; and

(c) on leaving any unoccupied premises, or premises from which the occupier is temporarily absent, which the authorised officer has entered under the authority of a warrant, must leave them as effectively secured against unauthorised entry as the authorised officer found them.

Power of entry: supplemental _E22

17. An authorised officer entering any premises in accordance with regulation 13, or under the authority of a warrant issued under [^F58 regulation 16 ^F58] —

(a) must produce evidence of authority if requested to do so;

(b) may be accompanied by such other persons as the authorised officer considers necessary; and

Powers of inspection, sampling and seizure _E11

18. —(1) An authorised officer entering any premises in accordance with regulation 13, or under the authority of a warrant issued under regulation [^F24 14 or 15 ^F24] (as the case may be) may do one or more of the following things—

(a) inspect any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;

(b) take samples (and, if necessary, send the samples to an approved laboratory for testing) from any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;

(c) subject to paragraphs (2) and (3), inspect and take copies of any relevant business records (including electronic records) in whatever form they are held;

(d) seize and detain any such records (including electronic records) which the authorised officer has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and

(e) take photographs of the premises, or take photographs of any articles on the premises, or both.

^M10 (2) In relation to premises in England and Wales, the power to inspect relevant business records under paragraph (1)(c) does not extend to material which is either excluded, or special procedure material under sections 11 and 14 of the Police and Criminal Evidence Act 1984 .

^F25 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of inspection, sampling and seizure _E23

18. —(1) An authorised officer entering any premises in accordance with regulation 13, or under the authority of a warrant issued under [^F59 regulation 16 ^F59] may do one or more of the following things—

(a) inspect any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;

(c) subject to paragraphs (2) and (3), inspect and take copies of any relevant business records (including electronic records) in whatever form they are held;

(e) take photographs of the premises, or take photographs of any articles on the premises, or both.

^F60 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F61 (3) In relation to premises in Northern Ireland, the power to inspect relevant business records under paragraph (1)(c) does not extend to material which is excluded material or special procedure material under article 13 or 16 of the Police and Criminal Evidence (Northern Ireland) Order 1989 .

Protection of officers acting in good faith _E12

19. —(1) An authorised officer who acts—

(a) in the execution or purported execution of these Regulations; and

(b) within the scope of the authorised officer's employment,

will not be personally liable for that act if it was done in the honest belief that the duty of an authorised officer under these Regulations required or entitled the authorised officer to so act.

(2) A person who enters premises with an authorised officer under regulation 17(b) will not be personally liable for any act that was done in the honest belief that a person accompanying an authorised officer under that regulation (“accompanying person”) was required or entitled to so act.

(3) Nothing in paragraph (1) or (2) may be construed as relieving the Secretary of State (in the case of an authorised officer appointed by the Secretary of State), or the relevant enforcement authority (in the case of an authorised officer appointed by an enforcement authority designated in regulation 4) from any liability in respect of the acts of the authorised officer or accompanying person.

(4) If the Secretary of State or enforcement authority is satisfied that the authorised officer honestly believed that the act complained of was within the scope of the authorised officer's employment, the Secretary of State or enforcement authority may indemnify the authorised officer against the whole or part of any damages that the authorised officer has been ordered to pay, or any costs which may have been incurred, in any action brought against the authorised officer in respect of an act done—

(a) in the execution or purported execution of these Regulations; and

(b) outside the scope of the officer's employment.

Protection of officers acting in good faith _E24

19. —(1) An authorised officer who acts—

(a) in the execution or purported execution of these Regulations; and

(b) within the scope of the authorised officer's employment,

will not be personally liable for that act if it was done in the honest belief that the duty of an authorised officer under these Regulations required or entitled the authorised officer to so act.

(3) Nothing in paragraph (1) or (2) may be construed as relieving the [^F62 Department of Agriculture, Environment and Rural Affairs ^F62] (in the case of an authorised officer appointed by the [^F62 Department of Agriculture, Environment and Rural Affairs ^F62] ), or the relevant enforcement authority (in the case of an authorised officer appointed by an enforcement authority designated in regulation 4) from any liability in respect of the acts of the authorised officer or accompanying person.

(4) If the [^F63 Department of Agriculture, Environment and Rural Affairs ^F63] or enforcement authority is satisfied that the authorised officer honestly believed that the act complained of was within the scope of the authorised officer's employment, the [^F63 Department of Agriculture, Environment and Rural Affairs ^F63] or enforcement authority may indemnify the authorised officer against the whole or part of any damages that the authorised officer has been ordered to pay, or any costs which may have been incurred, in any action brought against the authorised officer in respect of an act done—

(a) in the execution or purported execution of these Regulations; and

(b) outside the scope of the officer's employment.

Obstruction etc

20. —(1) Any person who—

(a) intentionally obstructs an authorised officer acting in execution of these Regulations;

(b) without reasonable cause, fails to give an authorised officer acting in execution of these Regulations any assistance or information which the authorised officer may reasonably require for the purpose of carrying out their functions under these Regulations; or

(c) gives to an authorised officer acting in the execution of these Regulations any information which the person knows to be false or misleading,

is guilty of an offence.

(2) Nothing in paragraph (1)(b) may be construed as requiring any person to answer any question, or give any information, if to do so might incriminate the person, their spouse or civil partner.

Unlawful disclosure of information contained in datasheets

21. Any person who fails to comply with Article 9(3) of Regulation 648/2004 is guilty of an offence.

Offences due to fault of third person

22. Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act, or default of some other person, that other person will be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.

Offences by bodies corporate

23. —(1) If an offence under these Regulations 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 the part of an officer,

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

(2) In paragraph (1) “ officer ”, in relation to a body corporate, means—

(a) a director, manager, secretary or other similar officer of the body; or

(b) a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of a body corporate.

Offences by partnerships and unincorporated associations

24. —(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association must be brought against the partnership or association in the name of the partnership or association.

(2) For the purposes of such proceedings—

(a) rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate, and

(b) the following provisions apply as they apply in relation to a body corporate—

[^F26 (i) section 33 of the Criminal Justice Act 1925^M11 and Schedule 3 to the Magistrates' Courts Act 1980^M12 , ^F26]

[^F27 (ii) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995^M13 , ^F27]

[^F28 (iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 F4 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981. ^F28]

(3) A fine imposed on a partnership or unincorporated association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.

(4) If an offence under these Regulations committed by a partnership is proved—

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

(b) to be attributable to any neglect on the part of a partner,

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

(5) In paragraph (4) “ partner ” includes a person purporting to act as a partner.

(6) If an offence under these Regulations committed by an unincorporated association (other than a partnership) is proved—

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

(b) to be attributable to any neglect on the part of such an officer,

the officer, as well as the association, is guilty of the offence and is liable to be proceeded against and punished accordingly.

(7) In paragraph (6) “ officer ”, in relation to an unincorporated association, means—

(a) an officer of the association or a member of its governing body, or

(b) a person purporting to act in such a capacity.

Defence of due diligence

25. —(1) In any proceedings for an offence under any provision of these Regulations, it will, subject to paragraph (2), be a defence for the person charged to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence either personally, or by a person under their control.

(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged will not, without leave of the court, be entitled to rely on that defence unless—

(a) at least seven clear days before the hearing; and

(b) where the person has previously appeared before a court in connection with the alleged offence, within one month after that person's first appearance,

the person has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in their possession.

(3) In paragraph (2), any reference to appearing before a court will be construed as including a reference to being brought before a court.

Penalties

26. —(1) Subject to paragraphs (2) and (3), a person guilty of an offence under these Regulations is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding three months, or both; or

(b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.

(2) A person guilty of an offence under regulation 20(1) (obstruction etc) or 21 (unlawful disclosure of information contained in data sheets) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) A person guilty of an offence under [^F29 regulation 7(1A) ^F29] is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

Appeals against notices etc: England and Wales

[^F3027.—(1) This regulation applies in England and Wales only.

(2) Any person who is aggrieved by a decision of an authorised officer to serve any notice under these Regulations may appeal to a magistrates' court.

(3) The procedure on an appeal to a magistrates' court under paragraph (2) is by way of complaint, and the Magistrates' Court Act 1980 applies to the proceedings.

(4) The period within which an appeal under paragraph (2) may be brought is one month after the date on which the notice was served, and the making of the complaint is deemed for the purposes of this paragraph to be the bringing of the appeal.

(5) On an appeal under this regulation, the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court may, in the circumstances, think fit. ^F30]

Appeal against notices etc: Scotland

[^F3128.—(1) This regulation applies to Scotland only.

(2) Any person who is aggrieved by a decision of an authorised officer to serve any notice under these Regulations may appeal to the sheriff.

(3) The procedure on an appeal to the sheriff under paragraph (2) is by way of summary application.

(4) The period within which an appeal under paragraph (2) may be brought is one month after the date on which the notice was served.

(5) On an appeal under this regulation, the sheriff may either cancel or affirm the notice and, if the sheriff affirms the notice, it may be either in its original form, or with such modifications as the sheriff may, in the circumstances, think fit. ^F31]

Appeal against notices etc: Northern Ireland

[^F3229.—(1) This regulation applies to Northern Ireland only.

(2) Any person who is aggrieved by a decision of an authorised officer to serve any notice under these Regulations may appeal to a court of summary jurisdiction.

(3) An appeal to a court of summary jurisdiction under paragraph (2) must be initiated by way of notice under Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 and the provisions of that Part apply accordingly.

(4) The period within which an appeal under paragraph (2) may be brought is one month after the date on which the notice was served.

Revocation

^M1430.The Detergents Regulations 2005 are revoked.

[^F33 Review

[^F3431.—(1) Before the end of each review period, the Secretary of State must—

(a) carry out a review of these Regulations as they apply to England;

(b) set out the conclusions of the review in a report; and

(2) In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(4) In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published. ^F34^,^F33]]

Huw Irranca-Davies

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

We consent

Tony Cunningham

Frank Roy

Two of the Lords Commissioners of Her Majesty's Treasury

Regulation 8(4)

SCHEDULE 1 Fees for applications for derogation

Column 1	Column 2
Type of application	Fee
Tier 1 Tier 2 Tier 3	£3,400 £4,400 £5,400

Regulation 10

SCHEDULE 2 Enforcement of Regulation 648/2004

Provision of Regulation (EC) No 648/2004	Subject matter	Enforcement authority
Provision of Regulation (EC) No 648/2004	Subject matter	England	Wales	Scotland	Northern Ireland
Article 3	Prohibition on placing a controlled product on the market unless it has complied with Article 3(1) [^F35 and (2) ^F35]	[^F36 The council of a metropolitan district; ^F36] [^F36 the council of a non metropolitan county; ^F36] [^F36 the council of a London borough; ^F36] [^F36 the common council in the City of London ^F36]	[^F36 The council of the county; ^F36] [^F36 the council of the county borough ^F36]	[^F36 The councils constituted under section 2 of the Local Government etc (Scotland) Act 1994 ^F36]	^M15[^F37 The council of each local government district ^F37]
[^F38 Article 4a and Annex VIa	Prohibition on placing a consumer laundry detergent [^F39 or consumer automatic dishwasher detergent ^F39] on the market in contravention of Article 4a	[^F36 The council of a metropolitan district; ^F36] [^F36 the council of a non metropolitan county; ^F36] [^F36 the council of a London borough; ^F36] [^F36 the common council in the City of London ^F36]	[^F36 The council of the county; the council of the county borough ^F36]	[^F36 The councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ^F36]	[^F37 The council of each local government district ^F37^,^F38]]
Article 9	Requirement on manufacturers to hold and make available the information required in Article 9	[^F36 The council of a metropolitan district; ^F36] [^F36 the council of a non metropolitan county; ^F36] [^F36 the council of a London borough; ^F36] [^F36 the common council in the City of London ^F36]	[^F36 The council of the county; ^F36] [^F36 the council of the county borough ^F36]	[^F36 The councils constituted under section 2 of the Local Government etc (Scotland) Act 1994 ^F36]	[^F37 The council of each local government district ^F37]
Article 11(1) to (4)	Prohibition on placing a controlled product on the market which has packaging that fails to comply with labelling requirements	[^F36 The council of a metropolitan district; ^F36] [^F36 the council of a non metropolitan county; ^F36] [^F36 the council of a London borough; ^F36] [^F36 the common council in the City of London ^F36]	[^F36 The council of the county; ^F36] [^F36 the council of the county borough ^F36]	[^F36 The councils constituted under section 2 of the Local Government etc (Scotland) Act 1994 ^F36]	[^F37 The council of each local government district ^F37]
Article 11(5)	Requirement on a manufacturer and distributor to produce labelling requirements specified in Article 11(3) and (4) in [^F40 the national language of the member State ^F40][^F40 English ^F40]	[^F36 The council of a metropolitan district; ^F36] [^F36 the council of a non metropolitan county; ^F36] [^F36 the council of a London borough; ^F36] [^F36 the common council in the City of London ^F36]	[^F36 The council of the county; ^F36] [^F36 the council of the county borough ^F36]	[^F36 The councils constituted under section 2 of the Local Government etc (Scotland) Act 1994 ^F36]	[^F37 The council of each local government district ^F37]

footnote	commentary	geo extent	insert/omit
E1	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E2	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E3	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E4	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E5	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E6	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E7	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E8	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E9	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E10	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E11	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E12	This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
E13	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E14	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E15	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E16	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E17	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E18	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E19	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E20	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E21	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E22	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E23	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
E24	This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
F1	Words in reg. 2(1) inserted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(2)(a)	inserted: England, Wales and Scotland	inserted
F2	Words in reg. 2 substituted (30.6.2013) by The Detergents (Amendment) Regulations 2013 (S.I. 2013/1244) , regs. 1(b) , 2(2)		substituted
F3	Words in reg. 2(1) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(2)(b)	substituted: England, Wales and Scotland	substituted
F4	Reg. 3 omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(3)	omitted: England, Wales and Scotland	omitted
F5	Reg. 4(4) omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(4)(a)	omitted: England, Wales and Scotland	omitted
F6	Words in reg. 4(5)(a) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(4)(b)(i)	substituted: England, Wales and Scotland	substituted
F7	Words in reg. 4(5)(b) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(4)(b)(ii)	substituted: England, Wales and Scotland	substituted
F8	Reg. 6 omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(5)	omitted: England, Wales and Scotland	omitted
F9	Reg. 7(1) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(6)	substituted: England, Wales and Scotland	substituted
F10	Reg. 7(1A) inserted (30.6.2013) by The Detergents (Amendment) Regulations 2013 (S.I. 2013/1244) , regs. 1(b) , 2(3)		inserted
F11	Words in reg. 7(1A) inserted (1.1.2017) by The Detergents (Amendment) Regulations 2016 (S.I. 2016/1165) , regs. 1 , 2(2)		inserted
F12	Reg. 8(1) omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(7)(a)	omitted: England, Wales and Scotland	omitted
F13	Reg. 8(2) omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(7)(a)	omitted: England, Wales and Scotland	omitted
F14	Words in reg. 8(3) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(7)(b)	substituted: England, Wales and Scotland	substituted
F15	Reg. 9 omitted (30.6.2013) by virtue of The Detergents (Amendment) Regulations 2013 (S.I. 2013/1244) , regs. 1(b) , 2(4)		omitted
F16	Words in reg. 11(1) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(8)(a)	substituted: England, Wales and Scotland	substituted
F17	Words in reg. 11(4)(b) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(8)(b)	substituted: England, Wales and Scotland	substituted
F18	Words in reg. 12(1) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(9)	substituted: England, Wales and Scotland	substituted
F19	Words in reg. 13 substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(10)	substituted: England, Wales and Scotland	substituted
F20	Reg. 14 omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(7)	omitted: Northern Ireland	omitted
F21	Reg. 15 omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(7)	omitted: Northern Ireland	omitted
F22	Reg. 16 omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(11)	omitted: England, Wales and Scotland	omitted
F23	Words in reg. 17 substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(12)	substituted: England, Wales and Scotland	substituted
F24	Words in reg. 18(1) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(13)(a)	substituted: England, Wales and Scotland	substituted
F25	Reg. 18(3) omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(13)(b)	omitted: England, Wales and Scotland	omitted
F26	Reg. 24(2)(b)(i) omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(11)	omitted: Northern Ireland	omitted
F27	Reg. 24(2)(b)(ii) omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(11)	omitted: Northern Ireland	omitted
F28	Reg. 24(2)(b)(iii) omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(14)	omitted: England, Wales and Scotland	omitted
F29	Words in reg. 26(3) substituted (1.1.2017) by The Detergents (Amendment) Regulations 2016 (S.I. 2016/1165) , regs. 1 , 2(3)		substituted
F30	Reg. 27 omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(12)	omitted: Northern Ireland	omitted
F31	Reg. 28 omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(12)	omitted: Northern Ireland	omitted
F32	Reg. 29 omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(15)	omitted: England, Wales and Scotland	omitted
F33	Reg. 31 inserted (30.6.2013) by The Detergents (Amendment) Regulations 2013 (S.I. 2013/1244) , regs. 1(b) , 3		inserted
F34	Reg. 31 omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(13)	omitted: Northern Ireland	omitted
F35	Words in Sch. 2 Table omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(16)(b)	omitted: England, Wales and Scotland	omitted
F36	Words in Sch. 2 Table omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(14)	omitted: Northern Ireland	omitted
F37	Words in Sch. 2 Table omitted (E.W.S.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(16)(a)	omitted: England, Wales and Scotland	omitted
F38	Words in Sch. 2 inserted (30.6.2013) by The Detergents (Amendment) Regulations 2013 (S.I. 2013/1244) , regs. 1(b) , 4		inserted
F39	Words in Sch. 2 inserted (1.1.2017) by The Detergents (Amendment) Regulations 2016 (S.I. 2016/1165), regs. 1 , 2(4)		inserted
F40	Word in Sch. 2 Table substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 4(16)(c)	substituted: England, Wales and Scotland	substituted
F41	C/2005/5677.23. http://ec.europa.eu/enterprise/sectors/chemicals/files/detergents/c2005_5677_en.pdf
F42	Words in reg. 2(1) omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(2)(a)	omitted: Northern Ireland	omitted
F43	Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(2)(b)	substituted: Northern Ireland	substituted
F44	Words in reg. 2 substituted (30.6.2013) by The Detergents (Amendment) Regulations 2013 (S.I. 2013/1244) , regs. 1(b) , 2(2)		substituted
F45	Words in reg. 3(1) substituted (N.I.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(3)(a)	substituted: Northern Ireland	substituted
F46	Words in reg. 3(2) substituted (N.I.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(3)(b)(i)	substituted: Northern Ireland	substituted
F47	Words in reg. 3(2) substituted (N.I.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(3)(b)(ii)	substituted: Northern Ireland	substituted
F48	Reg. 4(1) omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(4)	omitted: Northern Ireland	omitted
F49	Reg. 4(2) omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(4)	omitted: Northern Ireland	omitted
F50	Reg. 4(3) omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(4)	omitted: Northern Ireland	omitted
F51	Words in reg. 5(1) substituted (N.I.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(5)	substituted: Northern Ireland	substituted
F52	Reg. 7(1A) inserted (30.6.2013) by The Detergents (Amendment) Regulations 2013 (S.I. 2013/1244) , regs. 1(b) , 2(3)		inserted
F53	Words in reg. 7(1A) inserted (1.1.2017) by The Detergents (Amendment) Regulations 2016 (S.I. 2016/1165) , regs. 1 , 2(2)		inserted
F54	Words in reg. 11(1) substituted (30.6.2013) by The Detergents (Amendment) Regulations 2013 (S.I. 2013/1244) , regs. 1(b) , 2(5)		substituted
F55	Words in reg. 11(4)(b) substituted (N.I.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(6)	substituted: Northern Ireland	substituted
F56	Words in reg. 12(1) substituted (30.6.2013) by The Detergents (Amendment) Regulations 2013 (S.I. 2013/1244) , regs. 1(b) , 2(6)		substituted
F57	Words in reg. 13 substituted (30.6.2013) by The Detergents (Amendment) Regulations 2013 (S.I. 2013/1244) , regs. 1(b) , 2(6)		substituted
F58	Words in reg. 17 substituted (N.I.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(8)	substituted: Northern Ireland	substituted
F59	Words in reg. 18(1) substituted (N.I.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(9)(a)	substituted: Northern Ireland	substituted
F60	Reg. 18(2) omitted (N.I.) (31.12.2020) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(9)(b)	omitted: Northern Ireland	omitted
F61	S.I. 1989/1341 (N.I. 12) .
F62	Words in reg. 19(3) substituted (N.I.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(10)	substituted: Northern Ireland	substituted
F63	Words in reg. 19(4) substituted (N.I.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617) , regs. 1(3) , 5(10)	substituted: Northern Ireland	substituted
M1	1972 c. 68 . The enabling powers of section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51) . The power of the Minister to make Regulations in relation to matters in or as regards Scotland, is preserved by section 57(1) of the Scotland Act 1998 (c.46) .
M2	S.I. 1972/1811 , superseded in relation to consumer protection by S.I. 1993/2661 (see article 3(1)(a) ).
M3	S.I. 1993/2661 .
M4	S.I. 2008/301 .
M5	1973 c. 51 .
M6	C/2005/5677.23. http://ec.europa.eu/enterprise/sectors/chemicals/files/detergents/c2005_5677_en.pdf
M7	1984 c. 22 .
M8	1992 c.19 .
M9	1994 c. 39 .
M10	1984 c. 60 .
M11	1925 c. 86 .
M12	1980 c.43 . Sections 51 and 52 have been substituted by the Courts Act 2003 (c.39) , section 47 .
M13	1995 c. 46 .
M14	S.I. 2005/2469 .
M15	1994 c.39 .

Defined Term	Section/Article	ID
accompanying person	reg. 19.	accompanyi_rt5MQG5
accompanying person	reg. 19.	accompanyi_rtDC4E0
application for derogation	reg. 2.	legTermIv25Avys
authorised officer	reg. 2.	legTermxW0R8KTh
authorised officer	reg. 2.	legTermAHxKmLni
Commission Recommendation	reg. 2.	legTermIxzf0cZM
Commission Recommendation	reg. 2.	legTerm5HmQunFU
contravention	reg. 2.	legTermOEY6rm9t
contravention	reg. 2.	legTerm3l5EjdOa
controlled product	reg. 2.	legTermuySQGhRl
controlled product	reg. 2.	legTermybsUcBuj
enforcement authority	reg. 2.	legTermEpppvcmA
enforcement authority	reg. 2.	legTermJRgTcWqB
officer	reg. 23.	legTermukEuBDVP
officer	reg. 24.	legTermD2VorbYQ
partner	reg. 24.	legTermbO7qv1ST
port health authority	reg. 2.	legTerms5HJ9jJd
port health authority	reg. 2.	legTermKMzT2CuF
premises	reg. 2.	legTermZTlSbzb5
premises	reg. 2.	legTerm8A0euSnU
Regulation 648/2004	reg. 2.	Regulation_rtslTCM
Regulation 648/2004	reg. 2.	Regulation_rt7qvdg
review period	reg. 31.	review_per_rtos0Pw
tier	reg. 2.	legTerm8LqHn2Le
Tier 1	reg. 2.	Tier_1_rtM5k2V
Tier 1	reg. 2.	legTerm4ztk5hXF
Tier 2	reg. 2.	Tier_2_rtcuvb5
Tier 2	reg. 2.	legTermZ3Azb5nv
Tier 3	reg. 2.	Tier_3_rtyLNv9
Tier 3	reg. 2.	legTermrojtExmU
tiered approach	reg. 2.	legTerm8ZRSkQU6

2010 No. 740

The Detergents Regulations 2010

Citation and commencement

Interpretation E1

Interpretation E13

Competent Authority E2

Competent Authority E14

Enforcement Authorities E3

Enforcement Authorities E15

Authorised Officers E4

Authorised Officers E16

Provision in English of information required by Regulation 648/2004

Contravention of Regulation 648/2004 E5

Contravention of Regulation 648/2004 E17

Derogation E6

Derogation E18

Prohibition on the sale of certain detergents

Enforcement

Enforcement notices E7

Enforcement notices E19

Seizure and disposal of contravening products E8

Seizure and disposal of contravening products E20

Power of entry E9

Power of entry E21

Issue of warrants authorising entry to premises in England and Wales

Issue of warrants authorising entry to premises in Scotland

Issue of warrants authorising entry to premises in Northern Ireland

Power of entry: supplemental E10

Power of entry: supplemental E22

Powers of inspection, sampling and seizure E11

Powers of inspection, sampling and seizure E23

Protection of officers acting in good faith E12

Protection of officers acting in good faith E24

Obstruction etc

Unlawful disclosure of information contained in datasheets

Offences due to fault of third person

Offences by bodies corporate

Offences by partnerships and unincorporated associations

Defence of due diligence

Penalties

Appeals against notices etc: England and Wales

Appeal against notices etc: Scotland

Appeal against notices etc: Northern Ireland

Revocation

[F33 Review

SCHEDULE 1 Fees for applications for derogation

SCHEDULE 2 Enforcement of Regulation 648/2004

Status of changes to instrument text

Interpretation _E1

Interpretation _E13

Competent Authority _E2

Competent Authority _E14

Enforcement Authorities _E3

Enforcement Authorities _E15

Authorised Officers _E4

Authorised Officers _E16

Contravention of Regulation 648/2004 _E5

Contravention of Regulation 648/2004 _E17

Derogation _E6

Derogation _E18

Enforcement notices _E7

Enforcement notices _E19

Seizure and disposal of contravening products _E8

Seizure and disposal of contravening products _E20

Power of entry _E9

Power of entry _E21

Power of entry: supplemental _E10

Power of entry: supplemental _E22

Powers of inspection, sampling and seizure _E11

Powers of inspection, sampling and seizure _E23

Protection of officers acting in good faith _E12

Protection of officers acting in good faith _E24

[^F33 Review