Dont Break The Law Talk

Don’t break the law!Don’t break the law!

Stephen Gill I.Eng, LLM, FInstRStephen Gill I.Eng, LLM, FInstR

Energy Efficient SolutionsEnergy Efficient Solutions

HEVAR Exhibition and Conference – 24HEVAR Exhibition and Conference – 24thth September 2008 September 2008

Presentation ContentsPresentation Contents• Sources of LawSources of Law - - Criminal or Civil law?Criminal or Civil law?

- - Legislation Legislation

• Sources of informationSources of information - - web sourcesweb sources

• How to read a RegulationHow to read a Regulation

Sources of lawSources of lawCriminal law and Civil lawCriminal law and Civil law

In a In a criminal criminal prosecution: prosecution: the statethe state

prosecutes prosecutes the accusedthe accused

to punish the offenderto punish the offenderby imprisonment or a fine to the governmentby imprisonment or a fine to the government

(if the accused is found guilty)(if the accused is found guilty)

In criminal cases, there need not be a victimIn criminal cases, there need not be a victim

Sources of lawSources of lawCriminal law and Civil lawCriminal law and Civil law

In a In a civil actioncivil action: : the claimantthe claimant

sues sues the defendantthe defendantfor a remedyfor a remedy

e.g., damages payable to the claimante.g., damages payable to the claimant(if the defendant is held liable)(if the defendant is held liable)

In civil cases, there must normally be a claimantIn civil cases, there must normally be a claimant who has suffered loss who has suffered loss

Sources of lawSources of lawLegislationLegislation

English law is very much a product of its own history, and the main English law is very much a product of its own history, and the main developments were:developments were:

- the common law- the common law

- Equity Equity

- The growth of legislation The growth of legislation

- European Community lawEuropean Community law

Sources of lawSources of lawLegislationLegislation

Legislation is the body of rules which have been formally enacted Legislation is the body of rules which have been formally enacted or made.or made.

UK Legislation takes the form of Acts of Parliament, also known as UK Legislation takes the form of Acts of Parliament, also known as statutes.statutes.

The process of passing an Act can be a long one. The process of passing an Act can be a long one. on some issues the Government will first seek the response of on some issues the Government will first seek the response of interested parties by the publication of a consultative interested parties by the publication of a consultative Green PaperGreen Paper

After considering the response, advance notice of more definite After considering the response, advance notice of more definite proposals is given in a proposals is given in a White PaperWhite PaperIt must then produce a ‘It must then produce a ‘billbill’ – a draft Act divided into numbered ’ – a draft Act divided into numbered sections which it places before Parliament. sections which it places before Parliament.

The Climate Change Bill is at that stage now.The Climate Change Bill is at that stage now.

Sources of lawSources of lawLegislation – Delegated legislationLegislation – Delegated legislation

For many reasons, Parliament has delegated some of its legislative For many reasons, Parliament has delegated some of its legislative powers to other bodies. powers to other bodies.

- The Parliaments of Scotland, Wales and Northern Ireland have The Parliaments of Scotland, Wales and Northern Ireland have substantial legislative powers on matters which affect their own substantial legislative powers on matters which affect their own regionregion

- Ministers of the government have the widest delegated powers. Ministers of the government have the widest delegated powers. These regulations usually take the form of ‘These regulations usually take the form of ‘statutory statutory instrumentsinstruments’.’.

- Local authorities have been given wide powers to make bye-Local authorities have been given wide powers to make bye-lawslaws

Sources of lawSources of lawEuropean sourcesEuropean sources

- - The TreatiesThe Treaties

- - RegulationsRegulations

-- DirectivesDirectives

- - Decisions Decisions

- - Recommendations.Recommendations.


- RegulationsRegulations

Regulations are automatically part of domestic law and apply Regulations are automatically part of domestic law and apply directly. Member States do not need to take any further steps to directly. Member States do not need to take any further steps to

implement themimplement them


- DirectivesDirectives

Directives are not initially directly effective. They lay down an Directives are not initially directly effective. They lay down an objective or policy that must be achieved within a specified time.objective or policy that must be achieved within a specified time.

These measures therefore can only become law through national These measures therefore can only become law through national legislative action, such as an Act or a statutory instrument.legislative action, such as an Act or a statutory instrument.

Sources of InformationSources of InformationWeb sources of information:Web sources of information:

There are many useful web links. There are many useful web links.

- The Department of Business Enterprise & Regulatory Reform The Department of Business Enterprise & Regulatory Reform (BERR)(BERR)

- The Office of Public Sector Information (OPSI)The Office of Public Sector Information (OPSI)- The Air Conditioning and Refrigeration Industry Board (ACRIB)The Air Conditioning and Refrigeration Industry Board (ACRIB)- The Institute of Refrigeration (IoR)The Institute of Refrigeration (IoR)- The Chartered Institution of Building Services Engineers The Chartered Institution of Building Services Engineers

(CIBSE)(CIBSE)



How to read a regulationHow to read a regulation

How to read a regulationHow to read a regulation

How to read a RegulationHow to read a Regulation

How to read a RegulationHow to read a RegulationRegulation (EC) No 842/2006Regulation (EC) No 842/2006

on certain fluorinated greenhouse gases.on certain fluorinated greenhouse gases.

Every regulation includes a number of ‘recitals’ that set out the Every regulation includes a number of ‘recitals’ that set out the reasons for the regulation.reasons for the regulation.

842/2006 has 17 numbered recitals; for example:842/2006 has 17 numbered recitals; for example:

(4) (4) Most fluorinated gases controlled under the Kyoto Protocol and Most fluorinated gases controlled under the Kyoto Protocol and this Regulation have high global warming potential,this Regulation have high global warming potential, and and

(6) (6) The primary objective of this regulation is to reduce the The primary objective of this regulation is to reduce the emissions of the fluorinated greenhouse gases covered by the emissions of the fluorinated greenhouse gases covered by the Kyoto Protocol and thus protect the environment.Kyoto Protocol and thus protect the environment.



The final recital ends with a comma leading to the phrase HAVE The final recital ends with a comma leading to the phrase HAVE ADOPTED THIS REGULATION. ADOPTED THIS REGULATION.

We then reach the Articles of which there are 15 in this We then reach the Articles of which there are 15 in this

Regulation.Regulation.



Article 1 is ‘Scope’ and sets out the objectives ‘. . Article 1 is ‘Scope’ and sets out the objectives ‘. . to contain, to contain, prevent and thereby reduce emissions of the fluorinated prevent and thereby reduce emissions of the fluorinated greenhouse gases . . .’ greenhouse gases . . .’

and the scope of the Regulation ‘and the scope of the Regulation ‘

. . . . the containment, use, recovery and destruction of the fluorinated the containment, use, recovery and destruction of the fluorinated greenhouse gases listed . . . the labelling and disposal of greenhouse gases listed . . . the labelling and disposal of products and equipment containing those gases; the reporting products and equipment containing those gases; the reporting of information on those gases; the control of uses, . . and the of information on those gases; the control of uses, . . and the placing on the market prohibitions of the products and placing on the market prohibitions of the products and equipment . . and the training and certification of personnel and equipment . . and the training and certification of personnel and companies involved in activities provided for by this Regulation’.companies involved in activities provided for by this Regulation’.

How to read a RegulationHow to read a RegulationRegulation (EC) No 842/2006Regulation (EC) No 842/2006on certain fluorinated greenhouse gases.on certain fluorinated greenhouse gases.

The next nine important articles are: The next nine important articles are: • Article 2 is a grouping of definitions for ease of reference that Article 2 is a grouping of definitions for ease of reference that

apply throughout the Regulation, apply throughout the Regulation, • Article 3 is Containment,Article 3 is Containment,• Article 4 is Recovery,Article 4 is Recovery,• Article 5 is Training and certification.Article 5 is Training and certification.• Article 6 is Reporting.Article 6 is Reporting.• Article 7 is Labelling.Article 7 is Labelling.• Article 8 is Control of use.Article 8 is Control of use.• Article 9 is Placing on the market.Article 9 is Placing on the market.• Article 10 is Review.Article 10 is Review.



‘ ‘shall’ shall’ is used here in the Articles to mean an is used here in the Articles to mean an obligation. A modern legal alternative word obligation. A modern legal alternative word sometimes used is ‘sometimes used is ‘must’must’. ‘. ‘Shall’ Shall’ could suggest could suggest something to be done in the future whereas the word something to be done in the future whereas the word ‘‘must’ must’ implies a more immediate imposed duty to implies a more immediate imposed duty to perform. If it is helpful, whenever you read ‘shall’ think perform. If it is helpful, whenever you read ‘shall’ think ‘must’ and the meaning may be clearer.‘must’ and the meaning may be clearer.



Closing thoughtsClosing thoughts• To stand any chance of not breaking the law, you have To stand any chance of not breaking the law, you have

to have a good idea what the law is in the first place. to have a good idea what the law is in the first place. Finding your way through the regulation maze can be Finding your way through the regulation maze can be difficult at times but there are many guides along the way difficult at times but there are many guides along the way to assist. It is sometimes said that a little knowledge is a to assist. It is sometimes said that a little knowledge is a dangerous thing, but when it comes to legislation, dangerous thing, but when it comes to legislation, ignorance is no excuse and even a little knowledge is ignorance is no excuse and even a little knowledge is better than none. Some times just knowing where to better than none. Some times just knowing where to look, who to ask, or even that one needs to ask is a good look, who to ask, or even that one needs to ask is a good starting point.starting point.

And finally:And finally: Thank you for listeningThank you for listening

Stephen GillStephen Gill

Energy Efficient SolutionsEnergy Efficient Solutions

[email protected]@energyefficientsolutions.co.uk

01332 79339901332 793399

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Dont Break The Law Talk