The Batteries (Placing on the Market) (Northern Ireland) Regulations 2026

Published: Fri 25th Sept 26

Established enforcement procedures and marking requirements for batteries in Northern Ireland to align with EU Regulation 2023/1542.

These Regulations implement EU standards for batteries in Northern Ireland, mandating that products using UK-based notified bodies for certification must display the UK(NI) indication alongside the CE marking.

The instrument designates the Secretary of State as the enforcement authority and establishes a criminal justice framework for breaches of sustainability, safety, and due diligence requirements.

It applies to battery manufacturers, importers, distributors, and fulfilment service providers operating within the Northern Ireland market.

Arguments For

The regulations state they are necessary to implement Regulation (EU) 2023/1542 in Northern Ireland, as required by the Windsor Framework.
Proponents argue that the instrument ensures regulatory alignment for batteries across the UK and EU market while maintaining the specific status of Northern Ireland.
The document notes that a de minimis assessment was prepared because the net cost is estimated to be below £10 million per year, suggesting limited economic burden.

Arguments Against

Legal scholars may note that the differing requirements for Great Britain and Northern Ireland increase complexity for manufacturers operating across the entire UK market.
Industry groups might express concern over the creation of new criminal offences and the associated penalties for non-compliance with technical EU standards.
Affected parties could question the clarity of the transitional provisions regarding batteries modified or repurposed by distributors.

PART 1 Preliminary

Citation, commencement and extent

-(1) These Regulations may be cited as the Batteries (Placing on the Market) (Northern Ireland) Regulations 2026.

(2) Subject to paragraph (3), these Regulations come into force on the 22nd day after the day on which they are made.

(3) Regulation 20(4) comes into force on the day from which Article 11 of Regulation (EU) 2023/1542 applies.

(4) This Part and Parts 3, 4, 6 and 7 extend to England and Wales, Scotland and Northern Ireland.

(5) Parts 2, 5 and 9 extend to Northern Ireland only.

(6) Any amendment made by Part 8 has the same extent as the provision amended.

This section sets the official name and staggered start dates for the regulations, primarily beginning 22 days after the law is made.

It specifies which sections apply only to Northern Ireland and which apply across the entire United Kingdom.

These distinctions are necessary because the regulations manage the interaction between the Northern Ireland and Great Britain markets.

Interpretation

-(1) In these Regulations-

'Regulation (EU) 2023/1542' means Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC;

'UK notified body' means a conformity assessment body notified by the Secretary of State in accordance with Chapter 5 of Regulation (EU) 2023/1542.

(2) Terms used in Parts 2 to 6 and 9 have the same meaning as in Regulation (EU) 2023/1542, unless otherwise defined in this regulation or those Parts.

This section defines the core terms used throughout the document, specifically identifying the relevant EU battery law.

It establishes 'UK notified bodies' as the organizations authorized to verify that batteries meet legal safety and environmental standards.

PART 2 UK(NI) indication

-(1) This regulation applies to a battery in relation to which the CE marking is affixed in accordance with Articles 19 and 20 of Regulation (EU) 2023/1542 on the basis of a certificate of conformity or approval decision issued by a UK notified body.

(2) The CE marking must be accompanied by the UK(NI) indication.

(3) The UK(NI) indication may be less than 5mm high provided that it is the same height as the CE marking that it accompanies.

(4) Subject to paragraph (5), the manufacturer must affix the UK(NI) indication visibly, legibly and indelibly before the battery is placed on the market or put into service.

(5) Where-

(a) the manufacturer has designated an authorised representative by a written mandate which has been accepted by the authorised representative, and
(b) the mandate of the authorised representative includes affixing the UK(NI) indication,

the authorised representative (rather than the manufacturer) must affix the UK(NI) indication in accordance with paragraph (4).

(6) A person may only make available on the market a battery to which this regulation applies if the manufacturer or (as the case may be) its authorised representative has affixed the UK(NI) indication in accordance with this regulation.

(7) In this regulation-

'manufacturer' is to be construed in accordance with Articles 38(11) and 44 of Regulation (EU) 2023/1542;

'UK(NI) indication' means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020.

This part requires batteries sold in Northern Ireland to display the 'UK(NI)' mark if they have been certified by a UK-based body rather than an EU-based one.

The manufacturer or their representative must ensure this mark is permanent and visible.

It prohibits the sale of any battery that lacks this mark when certified by a UK body.

PART 3 Notified bodies

Designated notifying authority responsible for notified bodies

-(1) The Secretary of State is the designated notifying authority for the purposes of Article 22 of Regulation (EU) 2023/1542.

(2) In the event of the restriction, suspension or withdrawal of the notification of a UK notified body, or where a UK notified body has ceased its activity, that body must provide the Secretary of State with any documents requested by the Secretary of State for the purposes of enabling the Secretary of State to exercise the functions of the authority responsible for notified bodies under Article 31(2) of Regulation (EU) 2023/1542.

Decisions of notified bodies

Where a UK notified body has decided to refuse, restrict, suspend or withdraw a certificate of conformity or approval decision, the UK notified body must give written notice of its decision, together with its reasons, to-

(a) in the case of a decision to refuse a certificate of conformity or approval decision, the person seeking the certificate of conformity or approval decision;
(b) in any other case, the person to whom the certificate of conformity or approval decision was issued.

This section names the Secretary of State as the official overseer of the organizations that test and certify batteries.

It mandates that if a testing body stops operating or has its authority removed, it must hand over relevant records to the government.

Testing bodies must also provide written explanations whenever they deny or cancel a battery's certification.

PART 4 Appeals

Right of appeal against decisions of notified bodies

A person to whom notice of a decision to refuse, restrict, suspend or withdraw a certificate of conformity or approval decision is given in accordance with regulation 5 may appeal to the Secretary of State against that decision.

Procedure on appeal

-(1) Where an appeal is made to the Secretary of State under regulation 6, the Secretary of State may, with or without payment, do either or both of the following-

(a) appoint a person to determine the appeal;
(b) refer any matter involved in the appeal to such person as the Secretary of State may appoint.

(2) If the appellant so requests, or the Secretary of State so decides, the appeal must include a hearing.

(3) A hearing may, if the person hearing the appeal so decides, be held wholly or partly in private.

(4) Schedule 1 makes further provision about the procedure on an appeal.

Determination of appeal

Where, on an appeal made under regulation 6, the Secretary of State or person appointed to determine the appeal under regulation 7(1)(a) determines that the decision of a UK notified body must be altered, the UK notified body must give effect to the determination.

These regulations establish a formal process for manufacturers to challenge a certification body's decision to refuse or withdraw approval for a battery.

The Secretary of State can appoint an independent person to lead the appeal, which may involve a private or public hearing.

If the appeal is successful, the certification body is legally required to change its decision.

PART 5 Enforcement

-(1) It is the duty of the Secretary of State to enforce these Regulations and Regulation (EU) 2023/1542.

(2) The Secretary of State may appoint a person to act on behalf of the Secretary of State for the purposes of paragraph (1).

Offence of breaching certain provisions

A person commits an offence if the person does anything that the person is prohibited from doing, or fails to do something that the person is required to do, by-

(a) regulation 3(4), (5) or (6) (UK(NI) indication), or
(b) a provision of Regulation 2023/1542 listed in-
(i) Table 1 in Schedule 2 (summary-only offences),
(ii) Table 2 in Schedule 2 (either-way offences), or
(iii) Table 3 in Schedule 2 (indictable-only offences).

Penalties

-(1) A person who is guilty of an offence under regulation 10(a) or (b)(i) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(2) A person who is guilty of an offence under regulation 10(b)(ii) is liable-

(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.

(3) A person who is guilty of an offence under regulation 10(b)(iii) is liable, on conviction on indictment, to imprisonment for a term not exceeding 12 months or a fine, or both.

This part gives the Secretary of State the power to monitor the market and prosecute companies that break battery laws.

It creates three tiers of criminal offences based on severity: minor breaches (summary), mid-level breaches (either-way), and serious violations (indictable).

Penalties range from unlimited fines to up to 12 months in prison for the most serious due diligence and safety failures.

Power of the court to require matters to be remedied

-(1) Where a person is convicted of an offence under regulation 10 in respect of any matters which appear to the court to be matters which it is in that person's power to remedy, the court may, in addition to or instead of imposing any punishment, order that person, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.

(2) The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or (as the case may be) as extended under this paragraph.

(3) Where a person is ordered under paragraph (1) to remedy any matters, that person is not guilty of an offence in respect of those matters insofar as they continue during the time fixed by the order or any further time allowed under paragraph (2).

When a company is convicted of a battery offence, a court can order them to fix the specific problem instead of, or in addition to, paying a fine. While the company is working to fix the issue within the court-ordered deadline, they cannot be prosecuted again for that same ongoing problem.

The court has the discretion to extend these deadlines if the company applies for more time.

Recovery of expenses of enforcement

Where a court convicts a person of an offence under regulation 10, the court may (in addition to any other order it may make as to costs or expenses) order the person convicted to reimburse the Secretary of State for any expenditure which the Secretary of State has incurred in investigating the offence, including in having the battery in respect of which the offence was committed tested.

This section allows the government to recover the costs of its investigation from a convicted party.

This includes expenses related to laboratory testing of batteries to prove they were non-compliant.

Commencement of proceedings

-(1) Summary proceedings for an offence under regulation 10(a) or (b)(i) or (ii) may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.

(2) But no such proceedings are to be brought more than three years after the commission of the offence.

(3) For the purposes of this regulation, a certificate of the prosecutor as to the date on which such evidence as is referred to in paragraph (1) came to their notice is conclusive evidence of that fact.

The government has a specific timeframe to start a prosecution: within 12 months of discovering enough evidence to act.

Regardless of when evidence is found, no case can be brought if more than three years have passed since the actual crime occurred.

A formal statement from the prosecutor is used to prove when they first became aware of the evidence.

Defence of due diligence

-(1) It is a defence for a person ('the defendant') charged with an offence under regulation 10 to which paragraph (2) applies to show that the person took all reasonable steps and exercised all due diligence to avoid commission of the offence.

(2) This paragraph applies to an offence involving failure to comply with the obligation in any of the following provisions of Regulation (EU) 2023/1542-

(a) Article 38(1)(a);
(b) Article 41(1);
(c) Article 42(1);
(d) Article 45(2).

(3) If, in any proceedings for such an offence, the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to-

(a) an act or default of another person, or
(b) reliance on information given by another person,

the defendant is not, without leave of the court, entitled to rely on that defence unless the requirement in paragraph (4) is satisfied.

(4) The requirement is that, at least 7 clear days before the hearing of the proceedings, the defendant has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in the defendant's possession.

(5) A defendant is not entitled to rely on the defence provided by paragraph (1) by reason of the defendant's reliance on information supplied by another person unless the defendant shows that it was reasonable in all the circumstances to rely on the information, having regard in particular to-

(a) the steps which the defendant took or might reasonably have taken to verify the information, and
(b) whether the defendant had any reason to disbelieve the information.

A person can avoid conviction if they prove they took all reasonable precautions to follow the law, known as a 'due diligence' defence.

If a defendant claims the fault lies with someone else or a piece of bad information, they must notify the prosecutor at least seven days before the trial.

The court will evaluate whether it was actually reasonable for the defendant to trust that third party or information without further checking.

Liability of persons other than the principal offender

-(1) Where the commission by a person of an offence under regulation 10 is due to anything which another person did or failed to do in the course of a business, that other person is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.

(2) Where a body corporate commits an offence and it is proved that the offence was committed-

(a) with the consent or connivance of an officer of the body corporate, or
(b) as a result of the negligence of an officer of the body corporate,

the officer, as well as the body corporate, is guilty of the offence.

(3) In paragraph (2), a reference to an officer of a body corporate includes a reference to-

(a) a director, manager, company secretary or other similar officer of the body corporate;
(b) a person purporting to act as a director, manager, company secretary or other similar officer;
(c) if the affairs of a body corporate are managed by its members, a member.

This section allows the law to hold third parties responsible if their actions caused a manufacturer to break the law.

Additionally, if a company commits a crime, individual directors or managers can be personally prosecuted if they agreed to the crime or were negligent in preventing it.

This ensures that legal accountability extends to decision-makers within a corporation.

PART 6 Service of documents etc.

Methods of service etc.

-(1) Any written notice or other document required to be served on, or given to, a person under these Regulations may be-

(a) delivered by hand to the person,
(b) left at the person's proper address,
(c) sent by post to the person's proper address, or
(d) sent by email to the person at their email address.

(2) The document may-

(a) in the case of a body corporate, be given in accordance with paragraph (1) to any officer of the body;
(b) in the case of a partnership, be given in accordance with paragraph (1) to any partner or a person who has the control or management of the partnership business;
(c) in the case of an unincorporated body, other than a partnership, be given in accordance with paragraph (1) to a person who has the control or management of the body.

This part outlines the legal ways the government or other parties must deliver notices, including by hand, post, or email.

It provides specific instructions for serving documents to corporations and partnerships to ensure they are received by a responsible officer. 'Proper address' is generally defined as a registered office or a last known business address.

PART 7 The Batteries and Accumulators (Placing on the Market) Regulations 2008: revocation, saving and amendment provisions

Revocation of the Batteries and Accumulators (Placing on the Market) Regulations 2008 in relation to Northern Ireland

-(1) The Batteries and Accumulators (Placing on the Market) Regulations 2008 are revoked in relation to Northern Ireland.

(2) Notwithstanding the revocation of the Batteries and Accumulators (Placing on the Market) Regulations 2008-

(a) regulation 5A of those Regulations (capacity labelling) continues to have effect in relation to Northern Ireland until the day from which Article 13(1) of Regulation (EU) 2023/1542 applies;
(b) regulation 7 of those Regulations (appliances into which batteries are or may be incorporated) continues to have effect in relation to Northern Ireland until the day from which Article 11 of Regulation (EU) 2023/1542 applies.

This section cancels the older 2008 battery laws in Northern Ireland to make room for the new 2026 regulations.

However, it keeps specific old rules about battery capacity labels and how batteries are built into appliances active for a little longer.

These older rules will only expire when the corresponding new EU requirements officially take effect.

Amendment of the Batteries and Accumulators (Placing on the Market) Regulations 2008

-(4) After regulation 3, insert-

'Batteries which are qualifying Northern Ireland goods

3A. -(1) Any battery-

(a) in respect of which the requirements of Regulation (EU) 2023/1542 and regulation 3 of the Batteries (Placing on the Market) (Northern Ireland) Regulations 2026 are met, and
(b) which is a qualifying Northern Ireland good,

may be placed on the market as if the requirements of these Regulations are met in respect of the battery.'

This section creates a 'deeming' provision that protects trade between Northern Ireland and Great Britain.

It states that if a battery meets Northern Ireland's rules and is a 'qualifying Northern Ireland good,' it can be legally sold in Great Britain.

This ensures that products complying with the stricter Northern Ireland standards are automatically accepted in the rest of the UK.

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