Environmental guidance for your business in Northern Ireland & Scotland

How ODS regulations are enforced

ODS - how they are regulated

Several organisations enforce the ozone-depleting substance (ODS) regulations. If you do not comply you can be fined.

In Northern Ireland legislation on ODS is enforced as follows

Regulating organisation Type of equipment/machinery
Local councils or the Northern Ireland Environment Agency (NIEA) in particular cases Commercial and retail businesses/Industrial sites not covered by the NIEA, i.e. not part A installations
NIEA Part A installations. Offshore installations used for the generation of energy from water or wind.
Department of Energy and Climate Change Offshore installations other than those used for the generation of energy from water and wind.

 

The Secretary of State (in practice, usually the GB Department of Energy and Climate Change (DECC)) must enforce these Regulations in relation to offshore installations.

In Scotland legislation on ODS is enforced as follows

Regulating organisation Type of equipment/machinery
Local councils Commercial and retail businesses/
Industrial sites not covered by the Scottish Environment Protection Agency (SEPA)
SEPA Industrial facilities with pollution prevention and control permits
The Scottish ministers Offshore oil, gas, water and wind installations

 

Regulating organisations can ensure compliance with ODS legislation by serving information notices, enforcement notices or prohibition notices. Failure to comply with a notice can result in a fine.

Information notices

These may be issued to people by regulators in order to obtain further information within set deadlines.

Enforcement notices

Regulators issue enforcement notices if they suspect that businesses are in breach of the regulations. They include a description of the problem, how it can be solved and the date by which it must be fixed.

Prohibition notices

In Scotland Regulators can serve prohibition notices if they believe specific requirements of the regulations have been or are in danger of being breached, leading to an imminent danger of serious pollution.

Prohibition notices include a description of the problem, how it can be solved and the date by which it must be fixed. They may require you to take action immediately. Prohibition notices can include an order to close down a piece of equipment or a whole site. They will explain the damage that pollution is causing.

(NB Provision for prohibition notices in NI were revoked by the 2012 amending Regulations)

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Permits

NIEA - Apply online

SEPA - Application forms