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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Energy Information (Household Electric Ovens) Regulations 2003 No. 751 URL: http://www.bailii.org/uk/legis/num_reg/2003/20030751.html |
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Made | 14th March 2003 | ||
Laid before Parliament | 17th March 2003 | ||
Coming into force | 4th April 2003 |
(2) In these Regulations, expressions used which are also used in the Directives have the same meaning as in the Directives and -
Scope
3.
- (1) Subject to paragraph (2) and regulation 4, these Regulations apply to mains operated household electric ovens including ovens which are part of larger appliances.
(2) These Regulations do not apply to -
(3) The ovens to which these Regulations do not apply pursuant to paragraph (2)(b) (ovens which do not fall within the scope of the harmonised standard) are ovens of the following descriptions -
(c) ovens without adjustable temperature control.
(4) These Regulations apply to household electric ovens notwithstanding that they are sold or displayed for non-household use.
(5) A household electric oven to which these Regulations apply is referred to as a regulated household electric oven.
(6) These Regulations apply to the hot steam function of a regulated household electric oven (notwithstanding that the harmonised standard does not apply).
Other Exclusions
4.
- (1) Nothing in these Regulations shall apply to the rating plate or its equivalent affixed for safety purposes to a household electric oven.
(2) Except as provided in regulation 3(6), nothing in these Regulations shall apply to the energy consumption of the steam functions of a regulated household electric oven.
(3) Nothing in these Regulations shall apply to the heating functions of a regulated household electric oven other than -
(4) There shall be no obligation on any person to label or provide information notices in accordance with these Regulations in respect of models of household electric oven of which production has ceased before 1st January 2003; but if an appliance has been labelled or an information notice provided in respect of it, these Regulations shall apply.
(5) There shall be no obligation on any person to label or provide information notices in accordance with these Regulations in respect of second hand household electric ovens; but if a second hand appliance sold or displayed by a dealer is labelled or an information notice is provided in respect of it, these Regulations apply to the extent that they impose obligations on the dealer.
(6) These Regulations do not impose obligations on a supplier or dealer in relation to a household electric oven which the supplier or dealer has reasonable grounds to believe is for use by an end user in a country outside the Community.
Obtaining the information required by these Regulations
5.
- (1) The information required by regulations 6 to 9 shall, where applicable, be obtained by measurements made in accordance with the harmonised standards.
(2) Information obtained other than in accordance with paragraph (1) shall be taken for the purposes of these Regulations not to meet the relevant requirement.
Placing on the market: technical documentation
6.
- (1) No supplier shall place on the market a regulated household electric oven unless he has established technical documentation sufficient to enable the accuracy of the information contained in a label or information notice to be assessed.
(2) The technical documentation referred to in paragraph (1) shall include -
(3) For the purposes of paragraphs (1) and (2), the supplier may use documentation already required on the basis of relevant Community legislation.
(4) The supplier shall make the technical documentation available for inspection by enforcement authorities for a period ending five years after the last regulated household electric oven of the model has been manufactured.
Supplier's duties in respect of labels
7.
- (1) All suppliers placing on the market regulated household electric ovens shall supply a label in accordance with the following provisions of this regulation.
(2) The label shall in all respects comply with Schedules 1 (the label) and 4 (energy efficiency classification) and in the case of a multi cavity oven each cavity shall have its own label except a cavity which does not fall within the scope of the harmonised standards as described in regulation 3(3).
(3) The supplier shall supply the necessary labels free of charge to dealers.
(4) A supplier may choose his own system for delivery of labels.
(5) Where the dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
Supplier's duties in respect of the information notice
8.
- (1) A supplier of a regulated household electric oven shall provide with that oven an information notice in accordance with this regulation.
(2) The information notice shall be in the relevant language version and shall comply with Schedules 2 (the information notice) and 4 (energy efficiency classification).
(3) Where the supplier provides a product brochure, the brochure shall contain an information notice, and the supplier shall provide the product brochure with each electric oven free of charge.
(4) Where the supplier does not provide a product brochure, he shall provide an information notice free of charge with the electric oven, with any other literature provided therewith.
Supplier's deemed consent to publication of information
9.
The supplier shall be deemed to consent to the publication of the information given on a label or in an information notice.
Supplier's duties in respect of the accuracy of labels and information notices
10.
- (1) The supplier shall ensure that the information in an information notice or on a label which he supplies to a dealer is accurate.
(2) Paragraph (1) is without prejudice to any right of action which any person may have apart from these Regulations whether against the supplier, dealer or any other person arising from any inaccuracy of information in an information notice or a label.
Dealer's duty in respect of displayed regulated household electric ovens
11.
- (1) A dealer who displays a regulated household electric oven to end-users shall place the appropriate label (that is to say, the label supplied by the supplier in accordance with regulation 7 or, where the supply is in another member State, in accordance with Article 3(1) of the Parent Directive) in the relevant language version on the door of the appliance so that the label remains clearly visible and is not obscured whenever the electric oven is displayed.
(2) In the case of a multi-cavity oven each cavity shall have its own label except a cavity which does not fall within the scope of the harmonised standards as described in regulation 3(3).
Information in respect of mail order and other distance sales
12.
Where a person offers a regulated household electric oven (including a built - in oven for an integrated kitchen) for sale by means of a communication that person shall ensure that the communication -
Information in other Community languages
13.
Schedule 5 (which sets out Annex V (Translation of Terms to be used in the Label and Fiche) to the Electric Ovens Directive) has effect for the purpose of making provision for the equivalent in other Community languages of the terms in English given in Schedules 1, 2 and 3.
Misleading information
14.
- (1) A person shall not display any label, mark, symbol or inscription (other than those required by these Regulations) which relates to the energy consumption of a regulated household electric oven and which does not comply with the requirements of these Regulations, if such display is likely to mislead or confuse.
(2) Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme[10].
Presumption of compliance
15.
Unless there is evidence to the contrary, labels and information notices shall be deemed to comply with the provisions of these Regulations.
Enforcement and offences
16.
- (1) Subject to paragraph (3), it shall be the function of every enforcement authority to enforce these Regulations within its area.
(2) Nothing in these Regulations shall authorise an enforcement authority in Scotland to bring proceedings for an offence.
(3) Schedule 6 shall have effect with regard to offences, enforcement of these Regulations and other related matters.
Transitional provisions
17.
On or before 30th June 2003 -
in respect of which the requirements of these Regulations are not complied with shall be permitted; provided that where a regulated household electric oven is offered for sale or displayed or a communication is distributed in respect of it and it has -
the remaining requirements of these Regulations shall apply.
Whitty
Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs
14th March 2003
I. | Supplier's name or trade mark. |
II. | Supplier's model identifier. |
III. |
The energy efficiency class of the oven determined in accordance with Schedule 4. The head of the arrow containing the indicator letter shall be placed at the same level as the head of the relevant class arrow. The height of the arrow containing the indicator letter shall not be less than - and not more than twice - the height of the classes arrows. |
IV. | Without prejudice to any requirements under the Community eco-label scheme, where a model has been granted a 'European Union eco-label' under Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17th July 2000 on a revised Community eco-label award scheme[11], a copy of the eco-label may be added here. |
V. | Energy consumption in kWh for the heating function(s) (conventional and/or the forced air convection) of ovens based on standard load determined in accordance with the test procedures of the harmonised standard. |
VI. | Usable volume of the oven in litres, determined in accordance with the harmonised standard. |
VII. |
The oven size determined as follows: small: 12 l ≤ volume < 35 l medium: 35 l ≤ volume < 65 l large: 65 l ≤ volume. This indicator arrow shall be placed at the same level as the relevant size. |
VIII. | Where applicable, noise during the function determining the energy efficiency, determined in accordance with Directive 86/594/EEC[12]. |
CMYK - cyan, magenta, yellow, black. Ex: 07X0: 0% cyan, 70% magenta, 100% yellow, 0% black. Arrows |
|
A | X0X0 |
B | 70X0 |
C | 30X0 |
D | 00X0 |
E | 03X0 |
F | 07X0 |
G | 0XX0 |
Outline colour: X070. The background colour of the energy efficiency class indicator arrow is black. All text is in black. The background is white. |
This indicator arrow shall be placed at the same level as the relevant size.
(8) Time taken to 'cook' standard load determined in accordance with the test procedures of the harmonised standard.
(9) Where applicable, noise measured during the function determining the energy efficiency, determined in accordance with Directive 86/594/EEC.
(10) The declaration of the power consumption when no heating function is performed and the oven is in the lowest power consuming mode as soon as a suitable harmonised standard for stand-by losses becomes available.
(11) The area of the largest baking sheet expressed in cm2 and determined as "surface area" according to the harmonised standards.
2.
If a copy of the label, either in colour or black and white is included in the information notice, then only the information which is not included on the label needs to be added.
Energy efficiency class | Energy consumption E determined according to note V in paragraph 2 of Schedule 1 (kWh), based on standard load |
A | E < 0.60 |
B | 0.60 ≤ 0.80 |
C | 0.80 ≤ 1.00 |
D | 1.00 ≤ 1.20 |
E | 1.20 ≤ 1.40 |
F | 1.40 ≤ 1.60 |
G | 1.60 ≤ E |
Energy efficiency class | Energy consumption E determined according to note V in paragraph 2 of Schedule 1 (kWh), based on standard load |
A | E < 0.80 |
B | 0.80 ≤ 1.00 |
C | 1.00 ≤ 1.20 |
D | 1.20 ≤ 1.40 |
E | 1.40 ≤ 1.60 |
F | 1.60 ≤ 1.80 |
G | 1.80 ≤ E |
Energy efficiency class | Energy consumption E determined according to note V in paragraph 2 of Schedule 1 (kWh), based on standard load |
A | E < 1.00 |
B | 1.00 ≤ 1.20 |
C | 1.20 ≤ 1.40 |
D | 1.40 ≤ 1.60 |
E | 1.60 ≤ 1.80 |
F | 1.80 ≤ 2.00 |
G | 2.00 ≤ E |
(2) A person guilty of the offence of contravening paragraph 12(1) of this Schedule shall be liable, on summary conviction, to a fine not exceeding the statutory maximum, and on conviction on indictment, to a fine.
(3) A person guilty of any other offence specified in sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Prosecution of offences
2.
Proceedings for an offence under these Regulations shall not be instituted -
Defences
3.
- (1) In proceedings against a person for an offence under these Regulations, it shall be a defence for that person to show that he believed that these Regulations did not apply and he had no reasonable grounds for believing that these Regulations might apply.
(2) In proceedings against a person for an offence under these Regulations, it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
Liability of a person other than the principal offender
4.
- (1) Where the commission by any person of an offence under these Regulations is due to an act or default committed by some other person in the course of any business of his, that other person shall be guilty of the offence and may be proceeded against and punished by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person.
(2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members, sub-paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) Where a Scottish partnership is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) A person shall not, in giving any information which is required of him by virtue of sub-paragraph (1)(c) -
Power of enforcement authority to require technical documentation
6.
Where an enforcement authority has reason to suspect that the information given on a label or in an information notice is incorrect, the authority may by notice served on the supplier of the regulated household electric oven to which the label or information notice refers, require him to furnish to the authority within such reasonable time as may be specified in the notice such technical documentation within the meaning of regulation 6 (placing on the market - technical documentation) as the authority considers appropriate.
Test purchases
7.
- (1) An enforcement authority shall have power, for the purpose of ascertaining whether any provision of these Regulations has been contravened, to purchase, or to authorise an officer of the authority to purchase, any regulated household electric oven.
(2) Where -
the authority shall allow the person from whom the oven was purchased or any person who is a party to the proceedings or has an interest in the oven to have the oven tested.
(3) A test of a regulated household electric oven purchased under this paragraph, or seized or detained under paragraph 8 (power to enter premises and seize or detain regulated household electric ovens etc.), shall be carried out in accordance with the test procedures of the harmonised standards.
Power to enter premises and inspect, seize and detain regulated household electric ovens and records relating to them
8.
- (1) A duly authorised officer of an enforcement authority may on -
exercise, at all reasonable hours, the powers set out in sub-paragraph (2).
(2) The powers referred to in sub-paragraph (1) are -
(3) For the purposes of sub-paragraph (2)(b) and (d), the officer may require information stored electronically to be made available to him in printed form.
(4) If a justice of the peace is satisfied by any written information on oath -
(b) either -
the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an officer of an enforcement authority to enter the premises, if need be by force.
(5) An officer entering any premises by authority of a warrant granted under sub-paragraph (4) shall, if the occupier is present, give to the occupier or, if the occupier is temporarily absent, leave in a prominent place on the premises or appropriate part of the premises a notice in writing -
(6) An officer entering any premises by virtue of this paragraph may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.
(7) An officer exercising any power of seizure and detention under this paragraph shall as soon as practicable give to the person against whom the power has been exercised a written notice -
(8) A person who is not a duly authorised officer of an enforcement authority shall not purport to act as such under this paragraph.
(9) In the application of this paragraph to Scotland, the reference in sub-paragraph (4) to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.
(10) In the application of this paragraph to Northern Ireland, the references in sub-paragraph (4) to any information on oath shall be construed as references to any complaint on oath.
Appeals against detention of regulated household electric ovens and records relating to them
9.
- (1) Any person having an interest in any regulated household electric oven or records which are for the time being detained under paragraph 8 (power to enter premises and seize or detain regulated household electric ovens etc.) by an enforcement authority or by a duly authorised officer of an enforcement authority may apply for an order requiring the regulated household electric oven or records to be released to him or to another person.
(2) An application under this paragraph may be made -
(3) A magistrates' court or the sheriff shall not make an order under this paragraph unless the court or sheriff is satisfied -
(4) Any person aggrieved by an order made under this paragraph by a magistrates' court in England and Wales or Northern Ireland, or by a decision not to make such an order, may appeal against that order or decision -
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Court Act 1980[13] or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)[14].
Compensation for loss etc. of regulated household electric ovens or records seized
10.
- (1) Where a duly authorised officer of an enforcement authority exercises any powers under paragraph 8 to seize and detain any regulated household electric oven or records, the enforcement authority shall be liable to pay compensation to any person having an interest in the regulated household electric oven or records in respect of any loss or damage caused by the exercise of the power if -
(2) Any disputed question as to the right or the amount of any compensation payable under this paragraph shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
Recovery of expenses of enforcement
11.
- (1) This paragraph shall apply where a court convicts a person of an offence in respect of a contravention of any provision of these Regulations in relation to any regulated household electric oven or records.
(2) The court may (in addition to any other order it may make as to costs and expenses) order the person convicted to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority in connection with any seizure or detention by or on behalf of the authority of the regulated household electric oven or records.
(2) Sub-paragraph (1) shall not apply to a disclosure of information if the information is publicised information or the disclosure is made -
(3) The enactments referred to in sub-paragraph (2)(a) are -
(4) In sub-paragraph (2)(a) the reference to a person's functions shall include a reference to any function of making, amending or revoking any regulations or order.
(5) In this paragraph -
Savings for certain privileges
13.
Save for paragraph 6 (power of enforcement authority to require technical documentation), nothing in these Regulations shall be taken as requiring any person -
Saving for civil rights
14.
A contract relating to a regulated household electric oven shall not be void or unenforceable by reason only of a contravention of any provision of these Regulations.
Service of documents
15.
- (1) Any document required or authorised by virtue of these Regulations to be served on a person may be so served -
(2) For the purposes of sub-paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978[26] (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that -
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
[2] The requirements of the Directives are reserved matters for both Scotland (product labelling is covered by Head C8 - Product standards, safety and liability in Part II (Specific reservations) of Schedule 2 to the Scotland Act 1998) (c. 46), and Northern Ireland in accordance with paragraph 38 (Technical standards and requirements in relation to products in pursuance of an obligation under Community law) of Schedule 3 (Reserved Matters) to the Northern Ireland Act 1998 (c. 47). The power has not been transferred to the Welsh Assembly.back
[4] OJ No. L128, 15.5.2002, p. 45.back
[5] OJ No. L297, 13.10.1992, p. 16.back
[6] The parent Directive was extended to the European Economic Area by EEA Joint Committee Decision No 7/94 of 21.3.94 (OJ L160, 28.6.1994, p. 1); the Electric Ovens Directive, though a text with EEA relevance, has not at the date of making these Regulations been so extended.back
[7] OJ No. B017, 6.10.1958, p. 385, as last amended by the Act of Accession of Austria, Sweden and Finland (OJ No. C241, 29.8.1994, p. 21).back
[8] 1985 c. 72, as amended by paragraph 144 of Schedule 13 to the Local Government (Scotland ) Act 1994 (c. 39).back
[9] European standard EN 50304:2001 approved on 2000-04-01 entitled "Electric ovens for household use - Methods for measuring energy consumption" which is transposed in the United Kingdom by British Standard BS EN 50304:2001 of the same title published by the British Standards Institution on 17th June 2002.back
[10] See, for example, Regulation (EC) No 1980/2000 on a revised Community eco-label award scheme (OJ No. L237 , 21.9.2000, p. 1) .back
[11] OJ No. L237, 21.9.2000, p.1.back
[12] OJ No. L344, 6.12.86, p. 24; see the Household Appliances (Airborne Noise) Regulations 1990 (S.I. 1990/161, amended by S.I. 1994/1386). The relevant standards are EN 60704-2-10 (noise measurement) and EN 60704-3 (verification).back
[14] S.I. 1981/1675 (N.I. 26).back
[15] S.I. 1992/3240, to which there are amendments not relevant to these Regulations.back
[19] S.I. 1978/1039 (N.I. 9); to which there are amendments not relevant to these Regulations.back
[21] S.I. 1981/231 (N.I. 10); to which there are amendments not relevant to these Regulations.back
[23] S.I. 1987/2049 (N.I. 12); to which there are amendments not relevant to these Regulations.back
[25] OJ No. L250, 19.9.84, p. 17.back
© Crown copyright 2003 | Prepared 4 April 2003 |