DRAFT – 31 JANUARY 2018  – FORMATTING CHECKED – ONLY TYPISTS TO AMEND  
 
A19197988  S C O T T I S H  S T A T U T O R Y  I N S T R U M E N T S  
2018  No.  
ENVIRONMENTAL  PROTECTION  
The Environmental  Protection  (Microbeads)  (Scotland)  
Regulations  2018  
Made  - - - -     
Laid before  the Scottish  Parliament      
Coming  into force  - - 19th June  2018  
The Scottish  Ministers  make the following  Regulations  in exercise  of the powers  conferred  by 
section  140(1)(b)  and (c), (3)(c)  and (d), and (9) of the Environmental  Protection  Act 1990 (a) and 
all other  powers  enabling  them  to do so. 
In accordance  with section  140(6)  of that Act(b), they have  published  notices  in the London  
Gazette  and in the Edinburgh  Gazette  and have  considered  the representations  made  to them  in 
accordance  with those  notices.  
Citation , commencement  and extent  
1.—(1) These  Regulations  may be cited  as the Environmental  Protection  (Microbeads)  
(Scotland)  Regulations  2018  and come  into force  on 19th June 2018.  
(2) These  Regulations  extend  to Scotland  only.  
Interpretation  
2. In these  Regulations — 
“authorised  purpose”  means  the purpose  of determining  whether  an offence  under  regulation  
3(1) or (2) has been  or is being  committed;  
“enforcement  officer”  means  a person  authorised  under  regulation  5; 
“local  authority”  means  a council  constituted  under  section  2 of the Local  Government  etc. 
(Scotland)  Act 1994 (c); 
“microbead”  means  any water -insoluble  solid  plastic  particle  of less than or equal  to 5mm  in 
any dimension;  
“plastic”  means  a synthetic  polymeric  substance  that can be moulded,  extruded  or physically  
manipulated  into various  solid  forms  and that retains  its final manufactured  shape  during  use 
in its intended  applications ; 
                                                                                                                                            
(a) 1990 c.43;   Section 140(3)(c) was amended by S.I. 1999/1108.  The functions of the Secretary of State under section 140, 
insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 
Scotland Act 1998 (c .46). 
(b) The requirement to consult the Advisory Committee on Hazardous Substances formerly established under section 140(5) of 
the 1990 Act was removed by S.I. 2012/1923.  
(c) 1994 c.39.  Section 2 was amended by the Environment Act 1995 c.25, schedule 27 , paragraph 232(1).   2 “rinse -off personal  care product”  means  any substance,  or mixture  of substances,  
manufactured  for the purpose  of being  applied  to any relevant  human  body  part in the course  
of any personal  care treatment,  by an application  which  entails  at its completion  the prompt  
and specific  removal  of the product  (or any residue  of the product)  by washing  or rinsing  with 
water,  rather  than leaving  it to wear  off or wash  off, or be absorbed  or shed,  in the course  of 
time;  
and for this purpose— 
(a) a “personal  care treatment”  means  any process  of cleaning,  protecting  or perfuming  a 
relevant  human  body  part, maintaining  or restoring  its condition  or changing  its 
appearance;  and 
(b) a “relevant  human  body  part”  is— 
(i) any external  part of the human  body  (any part of the epidermis,  hair system,  nails  or 
lips);  
(ii) the teeth;  or 
(iii) mucous  membranes  of the oral cavity;  
“supply”,  in relation  to a rinse -off personal  care product,  means  supply  by way of sale or its 
presentation  as a promotional  prize  or gift in the course  of a business.  
Offences  
3.—(1) A person  who,  in the manufacture  of any rinse -off personal  care product,  uses 
microbeads  as an ingredient  of that product  commits  an offence.  
(2) A person  who supplies,  offers to supply  or has in possession  for supply  any rinse -off 
personal  care product  containing  microbeads  commits  an offence.  
(3) A person  who commits  an offence  under  paragraph  (1) or (2) is liable— 
(a) on summary  conviction,  to a fine not exceeding  £5,000;  
(b) on conviction  on indictment,  to a term of imprisonment  not exceeding  2 years  or a fine 
not exceeding  £5,000  or both. 
Offences  by bodies  corporate  
4.—(1) Where— 
(a) an offence  under  these  Regulations  has been  committed  by a body  corporate  or a Scott ish 
partnership  or other  unincorporated  association;  and 
(b) it is proved  that the offence  was committed  with the consent  or connivance  of, or was 
attributable  to any neglect  on the part of— 
(i) a relevant  individual;  or 
(ii) an individual  purporting  to act in the capacity of a relevant  individual,  
the individual  as well as the body  corporate,  Scottish  partnership  or unincorporated  
association  commits  an offence  and is liable  to be proceeded  against  and punished  
accordingly.  
(2) In paragraph  (1), “relevant  individual”  means— 
(a) in relation  to a body  corporate — 
(i) a director,  manager,  secretary  or other  similar  officer  of the body;  
(ii) where  the affairs  of the body  are managed  by its members,  a member;  
(b) in relation  to a Scottish  partnership,  a partner;  
(c) in relation  to an unincorporated  association  other  than a Scottish  partnership,  a person  
who is concerned  in the management  or control  of the association.   3 Enforcement  
5.—(1) A local  authority  may authorise  any person  to exercise  in its area, for an authorised  
purpose  and in accordance  with the terms  of the authorisation,  any of the powers  specified  in 
regulation  6, if that person  appears  suitable  to exercise  them.  
(2) An authorisation  under  paragraph  (1) must  be in writing.  
Powers  of entry  and examination  etc. 
6.—(1) The powers  which  an enforcement  officer  may be authorised  to exercise  are— 
(a) to enter  at any reasonable  time any premises  (other  than premises  used wholly  or mainly  
as a dwelling)  which  the enforcement  officer  has reason  to believe  it is necessary  to enter  
for an authorised  purpose;  
(b) when  entering  any premises  under  sub-paragraph  (a)— 
(i) to be accompanied  by another  enforcement  officer;  and 
(ii) to bring  any equipment  or materials  required  for any authorised  purpose  for which  
the power  of entry  is being  exerc ised;  
(c) on entering  any premises  under  sub-paragraph  (a)— 
(i) to make  such examination  and investigation  as may in any circumstances  be 
necessary;  
(ii) to take such measurements  and photographs  and make  such recordings  as the 
enforcement  officer  considers  necessary  for the purpose  of any such examination  or 
investigation;  and 
(iii) to require  the production  of, or where  the information  is recorded  in computerised  
form,  the furnishing  of extracts  from,  any documents  which  it is necessary  for the 
enforcement  officer  to see for the purposes  of any such examination  or investigation  
and to inspect  and take copies  of the document ; 
(d) as regards  any premises  which  an enforcement  officer  has power  to enter  under  sub-
paragraph  (a), to direct  that those  premises  or any part of them,  or anything  in them,  be 
left undisturbed  (whether  generally  or in particular  respects)  for so long as is reasonably  
necessary  for the purpose  of examination  or investigation  under  sub-paragraph  (c); 
(e) to take any samples,  or cause  samples  to be taken,  of any articles or substances  found  in 
or on any premises  which  an enforcement  officer  has power  to enter  under  sub-paragraph  
(a), and to cause  any such articles  or substance s to be analysed  or tested;  
(f) in the case of any such sample,  to take possession  of it and to retain  it for so long as is 
necessary  for all or any of the following  purposes :— 
(i) to examine  it, and subject  it to any process  or test, or cause  it to be examined;  
(ii) to ensure  that it is not tampered  with before  the examination  is completed;  
(iii) to ensure  that it is available  for use as evidence  in any proceedings  for an offence  
under  these  Regulations.  
(2) Except  in an emergency,  where  an enforcement  officer  proposes  to enter  any premises  and— 
(a) entry  has been  refused  and the enforcement  officer  apprehends  on reasonabl e grounds  
that the use of force  may be necessary  to effect  entry;  or 
(b) the enforcement  officer  apprehends  on reasonable  grounds  that entry  is likely  to be 
refused  and that the use of reasonable  force  may be necessary  to effect  entry,  
any entry  on to those  premises  by virtue  of paragraph  (1)(a)  may only be effected  under  the 
authority  of a warrant  by virtue  of paragraph  (3). 
(3) If it is shown  to the satisfaction  of a sheriff,  summary  sheriff  or justice  of the peace  on sworn  
information  in writing— 
(a) that there  is reasonable  ground  for entry  into the premises  for the purpose  for which  entry  
is required;  and  4 (b) that one or more  of the conditions  specified  in paragraph  (4) below  is fulfilled,  
the sheriff,  summary  sheriff  or justice  of the peace  may by warrant  authorise  the enforcement  
officer  to enter  the premises,  in accordance  with the warrant  and, if need  be, by force.  
(4) The conditions  mentioned  in paragraph  (3)(b)  above  are— 
(a) that admission  to any premises  has been  refused;  
(b) that such a refusal  is reasonably  apprehended;  
(c) that the premises  are unoccupied;  
(d) that the occupier  is temporarily  absent  from  the premises  and the case is one of urgency;  
or 
(e) that an application  for admission  to the premises  would  defeat  the object  of the proposed  
entry.  
(5) A warrant  issued  in pursuance  of paragraph  (3) above  shall  continue  in force  until the 
purpose  for which  the entry  is required  has been  satisfied.  
(6) Nothin g in paragraph  (1)(c)(iii)  compels  the production  by a person  of any documents  of 
which  that person  would  on grounds  of legal  profession al privilege  be entitled  to withhold  
production  on an order  for the production  of documents  in an action  in the Court  of Session.  
(7) An enforcement  officer  may only exercise  the powers  in paragraph  (1) if the enforcement  
officer  has reasonable  cause  to believ e that an offence  under  regulation  3 has been  committed.  
(8) An enforcement  officer  seeking  to exercise  a power  under  paragraph  (1) must  produce  
evidence  of identity  and authority  if requested  by a person  who is, or appears  to be— 
(a) a supplier  of rinse -off perso nal care products;  
(b) a manufacturer  of a rinse -off personal  care product  or employee  of such a manufacturer;  
or 
(c) the owner  or occupier  of any premises  in which  the enforcement  officer  seeks  to exercise  
the power  concerned.  
(9) In this regulation — 
“document”  inclu des any thing  in which  information  of any description  is recorded  (by any 
means)  and any part of such a thing;  and 
“emergency”  means  a case which  it appears  to the enforcement  officer  in question— 
(a) that there  is an immediate  risk of serious  pollution  of the environment  or serious  harm  to 
human  health;  or 
(b) that the circumstances  exist which  are likely  to endanger  life or health,  
and that immediate  entry  to any premises  is necessary  to verify  the existence  of that risk or those  
circumstances  or to ascertain  the cause  of that risk or those  circumstances  or effect  a remedy.  
 
 
 
 
 
     
 Authorised  to sign by the Scottish  Ministers  
St Andrew’s  House,  
Edinburgh  
      2018   5 EXPLANATORY  NOTE  
(This  note is not part of the Regulations)  
These  Regulations  prohibit  the use of microbeads  as an ingredient  in the manufacture  of rinse -off 
personal  care products  and the sale of any such products  containing  microbeads  and come  into 
force  on 30th June 2018.  
Regulation  3 provides  that it is an offence  for a person  to manufacture  or for a person  to supply,  
offer  to supply,  or have  in possession  for supp ly any rinse  off personal  care product  containing  
microbeads.  A person  found  guilty  of such an offence  will be liable  on summary  conviction  to a 
fine not exceeding  £5,000  or on conviction  on indictment  to a term of imprisonment  not exceeding  
2 years  or a fine not exceeding  £5,000  or both.  
Regulation  4 makes  provision  for offences  by bodies  corporate,  Scottish  partnerships  or 
unincorporated  associations.  
Regulation  5 provides  that the local  authority  may authorise  any person  to exercise  any of the 
powers  specified  in regulation  6. 
Regulation  6 gives  enforcement  officers  powers  of entry  to carry  out the necessary  investigations  
in order  to determine  whether  an offence  under  regulation  3 has been  committed.