Citation and Commencement

1. —(1) These Regulations may be cited as the Aerosol Dispensers (Amendment) Regulations 2018.

(2) These Regulations come into force on 12th February 2018.

Amendments to the Aerosol Dispensers Regulations 2009

2.The Aerosol Dispensers Regulations 2009( 3 ) are amended as follows.

3. In regulation 2(1), for the definition of “Directive” substitute—

“ “Directive” means Council Directive 75/324/EEC on the approximation of the laws of the Member States relating to aerosol dispensers; ” ( 4 ).

4. After regulation 8, insert—

“ Review

9. —(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provisions contained in these Regulations, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 12th February 2023.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4)Section 30(3) of the Small Business, Enterprise and Employment Act 2015 ( 5 ) (“the 2015 Act”) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other member States.

(5) Section 30(4) of the 2015 Act requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in sub-paragraph (1)(a),

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

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the 2015 Act (see section 32 of that Act). ”