Statutory Instruments
2015 No. 63
Environmental Protection
The Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2015
Made
24th January 2015
Laid before Parliament
28th January 2015
Coming into force
For the purposes of regulation 3
1st October 2015
For the purposes of regulation 4
1st January 2017
For all other purposes
1st July 2015
The Secretary of State is a Minister designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to batteries and accumulators. The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
Citation and commencement
1. —(1) These Regulations may be cited as the Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2015.
(2) These Regulations shall come into force as follows:
(a) regulation 3 (and any of the other provisions of these Regulations to the extent that they are necessary to give effect to regulation 3) comes into force on 1st October 2015;
(b) regulation 4 (and any of the other provisions of these Regulations to the extent that they are necessary to give effect to regulation 4) comes into force on 1st January 2017; and
(c) the remaining provisions of these Regulations come into force on 1st July 2015.
(3) In these Regulations:
(a) “the 2008 Regulations” mean the Batteries and Accumulators (Placing on the Market) Regulations 2008( 3 ); and
(b) expressions used in these Regulations which are used in the 2008 Regulations have the same meaning as in those Regulations.
Amendments to the 2008 Regulations
2. The 2008 Regulations are amended as follows.
Removal of exemption relating to button cells with a mercury content of no more than 2% by weight
3. —(1) Regulation 4(2) is omitted.
(2) Button cells with a mercury content of no more than 2% by weight are not by virtue of the omission of regulation 4(2) to be regarded as infringing goods where they were placed on the market before 1st October 2015.
Removal of exemption relating to portable batteries intended for use in cordless power tools
4. —(1) For regulation 4(3), substitute—
“ (3) The prohibition in paragraph (1)(b) shall not apply to a portable battery intended for use in—
(a) emergency and alarm systems, including emergency lighting; or
(b) medical equipment. ”
(2) In regulation 4(5)—
(a) after “sealed but is not a portable battery;”, insert “and”;
(b) for the words from “purpose” to “activities”, substitute “purpose”.
(3) Portable batteries intended for use in cordless power tools are not by virtue of the amendment made by paragraph (1) to be regarded as infringing goods where they were placed on the market before 1st January 2017.
Amendments to requirements for appliances into which batteries are or may be incorporated
5. —(1) In regulation 7(1)(a), after “readily removed from that appliance” insert “by the end-user or, where it cannot be readily removed by the end-user, by a qualified professional who is independent of the manufacturer”.
(2) In regulation 7(1)(b), after “how the battery can be removed safely” insert “by the end-user or by a qualified professional who is independent of the manufacturer”.
Matthew Hancock
Minister of State for Business and Enterprise and Energy
Department for Business, Innovation and Skills
24th January 2015
1972 c.68 . Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51) , section 27(1)(a), and by the European Union (Amendment) Act 2008 (c. 7) , Schedule, Part 1.