Environmental Protection Act 1990

142 Powers to obtain information about potentially hazardous substances.E+W

(1)The Secretary of State may, for the purpose of assessing their potential for causing pollution of the environment or harm to human health, by regulations make provision for and in connection with the obtaining of relevant information relating to substances which may be specified by him by order for the purposes of this section.

(2)The Secretary of State shall not make an order under subsection (1) above specifying any substance—

(a)which was first supplied in any member State [F1or in the United Kingdom] on or after 18th September 1981; or

(b)in so far as it is a regulated substance for the purposes of any relevant enactment.

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Regulations under this section may—

(a)prescribe the descriptions of relevant information which are to be furnished under this section in relation to specified substances;

(b)impose requirements on manufacturers, importers or suppliers generally to furnish information prescribed under paragraph (a) above;

(c)provide for the imposition of requirements on manufacturers, importers or suppliers generally to furnish relevant information relating to products or articles containing specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;

(d)provide for the imposition of requirements on particular manufacturers, importers or suppliers to furnish further information relating to specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;

(e)provide for the imposition of requirements on particular manufacturers or importers to carry out tests of specified substances and to furnish information of the results of the tests;

(f)authorise persons to comply with requirements to furnish information imposed on them by or under the regulations by means of representative persons or bodies;

(g)impose restrictions on the disclosure of information obtained under this section and provide for determining what information is, and what information is not, to be treated as furnished in confidence;

(h)create offences, subject to the limitation that no offence shall be punishable with imprisonment or punishable on summary conviction with a fine exceeding level 5 on the standard scale;

(i)make any public authority designated by the regulations responsible for the enforcement of the regulations to such extent as may be specified in the regulations;

(j)include such other incidental and supplemental, and such transitional, provisions as the Secretary of State considers appropriate.

(5)The Secretary of State shall have regard, in imposing or providing for the imposition of any requirement under subsection (4)(b), (c), (d) or (e) above, to the cost likely to be involved in complying with the requirement.

(6)In this section—

• “the environment” means the air, water and land or any of them;

• “relevant information”, in relation to substances, products or articles, means information relating to their properties, production, distribution, importation or use or intended use and, in relation to products or articles, to their disposal as waste;

• “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances.

F3(7)The enactments which are relevant for the purposes of subsection (2)(b) above are the following—

• [F4the Explosives Regulations 2014];

• [F5[F6the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)] in relation to radioactive material or radioactive waste;]

• [F7Parts 3 to 8 and 16 of the Human Medicines Regulations 2012];

• Part IV of the M1Agriculture Act 1970;

• the M2Misuse of Drugs Act 1971;

• Part III of the M3Food and Environment Protection Act 1985; F8. . .

• the M4Food Safety Act 1990;

• [F9the Veterinary Medicines Regulations 2006;

and a substance is a regulated substance for the purposes of any such enactment in so far as any prohibition, restriction or requirement is imposed in relation to it by or under the enactment for the purposes of that enactment.]

142 Powers to obtain information about potentially hazardous substances.S+N.I.

(1)The Secretary of State may, for the purpose of assessing their potential for causing pollution of the environment or harm to human health, by regulations make provision for and in connection with the obtaining of relevant information relating to substances which may be specified by him by order for the purposes of this section.

(2)The Secretary of State shall not make an order under subsection (1) above specifying any substance—

(a)which was first supplied in any member State [F1or in the United Kingdom] on or after 18th September 1981; or

(b)in so far as it is a regulated substance for the purposes of any relevant enactment.

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Regulations under this section may—

(a)prescribe the descriptions of relevant information which are to be furnished under this section in relation to specified substances;

(b)impose requirements on manufacturers, importers or suppliers generally to furnish information prescribed under paragraph (a) above;

(c)provide for the imposition of requirements on manufacturers, importers or suppliers generally to furnish relevant information relating to products or articles containing specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;

(d)provide for the imposition of requirements on particular manufacturers, importers or suppliers to furnish further information relating to specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;

(e)provide for the imposition of requirements on particular manufacturers or importers to carry out tests of specified substances and to furnish information of the results of the tests;

(f)authorise persons to comply with requirements to furnish information imposed on them by or under the regulations by means of representative persons or bodies;

(g)impose restrictions on the disclosure of information obtained under this section and provide for determining what information is, and what information is not, to be treated as furnished in confidence;

(h)create offences, subject to the limitation that no offence shall be punishable with imprisonment or punishable on summary conviction with a fine exceeding level 5 on the standard scale;

(i)make any public authority designated by the regulations responsible for the enforcement of the regulations to such extent as may be specified in the regulations;

(j)include such other incidental and supplemental, and such transitional, provisions as the Secretary of State considers appropriate.

(5)The Secretary of State shall have regard, in imposing or providing for the imposition of any requirement under subsection (4)(b), (c), (d) or (e) above, to the cost likely to be involved in complying with the requirement.

(6)In this section—

• “the environment” means the air, water and land or any of them;

• “relevant information”, in relation to substances, products or articles, means information relating to their properties, production, distribution, importation or use or intended use and, in relation to products or articles, to their disposal as waste;

• “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances.

F3(7)The enactments which are relevant for the purposes of subsection (2)(b) above are the following—

• [F4the Explosives Regulations 2014];

• [F10the M5[F11Radioactive Substances Act 1993] [F11Environmental Authorisations (Scotland) Regulations 2018]];

• [F7Parts 3 to 8 and 16 of the Human Medicines Regulations 2012];

• Part IV of the M1Agriculture Act 1970;

• the M2Misuse of Drugs Act 1971;

• Part III of the M3Food and Environment Protection Act 1985; F8. . .

• the M4Food Safety Act 1990;

• [F9the Veterinary Medicines Regulations 2006;

and a substance is a regulated substance for the purposes of any such enactment in so far as any prohibition, restriction or requirement is imposed in relation to it by or under the enactment for the purposes of that enactment.]