The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020

PART 1 E+W [F1 Fixed] Monetary Penalties and Compliance Notices

Textual Amendments

F1 Word in Sch. Pt. 1 heading substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(a) (with reg. 16(b))

Imposition of a [F2 fixed] monetary penalty or compliance notice E+W

1.—(1) In relation to an offence under Parts 2 to 4 of these Regulations, a regulator may by notice impose—

[F3 (a) a requirement to pay to the regulator a penalty of £200 (a “fixed monetary penalty”)]

(b) a requirement to take such steps as the regulator may specify, within such period as it may specify, to secure that the offence does not continue or recur (“a compliance notice”).

(2) Before doing so the regulator must be satisfied beyond reasonable doubt that the person has committed the offence.

(3) A requirement under sub-paragraph (1)(a) or (b) may not be imposed on a person on more than one occasion in relation to the same act or omission.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Word in Sch. para. 1 heading substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(b)(i) (with reg. 16(b))

F3 Sch. para. 1(1)(a) substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(b)(ii) (with reg. 16(b))

F4 Sch. para. 1(4) omitted (1.10.2023) by virtue of The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(b)(iii) (with reg. 16(b))

F5 Sch. para. 1(5) omitted (1.10.2023) by virtue of The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(b)(iii) (with reg. 16(b))

Commencement Information

I1 Sch. para. 1 in force at 1.10.2020, see reg. 1(2)

Notice of intent E+W

2.—(1) Where a regulator proposes to serve a [F6 fixed] monetary penalty or a compliance notice on a person, the regulator must serve on that person a notice of what is proposed (a “notice of intent”).

(2) The notice of intent must include—

(a) the grounds for the proposed compliance notice or [F6 fixed] monetary penalty;

(b) the requirements of the proposed compliance notice and, in the case of a penalty, the amount to be paid; and

(c) information as to—

(i) the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received;

(ii) the circumstances in which the regulator may not impose the [F6 fixed] monetary penalty or compliance notice.

[F7 (2A) A notice of intent to serve a fixed monetary penalty must also offer the person on whom the notice is served the opportunity to discharge their liability for the penalty by paying the sum of £100 to the regulator within 28 days beginning with the day on which the notice is received.

(2B) A person’s liability to a fixed monetary penalty is discharged if the person pays the sum of £100 to the regulator within the time specified in sub-paragraph (2A).]

(3) A person on whom a notice of intent is served may, within 28 days beginning with the day on which the notice was received, make representations and objections to the regulator in relation to the proposed imposition of a [F6 fixed] monetary penalty or compliance notice.

[F8 (4) Sub-paragraph (3) does not apply in relation to a notice of intent to serve a fixed monetary penalty if the person makes a payment in accordance with sub-paragraph (2B).]

Textual Amendments

F6 Word in Sch. para. 2 substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(c)(i) (with reg. 16(b))

F7 Sch. paras. 2(2A)(2B) inserted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(c)(ii) (with reg. 16(b))

F8 Sch. para. 2(4) inserted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(c)(iii) (with reg. 16(b))

Commencement Information

I2 Sch. para. 2 in force at 1.10.2020, see reg. 1(2)

Third party undertakings E+W

3.—(1) A person on whom a notice of intent is served may offer an undertaking as to action to be taken by that person (including the payment of a sum of money) to benefit any third party affected by the offence (a “third party undertaking”).

(2) The regulator may accept or reject any such third party undertaking.

Commencement Information

I3 Sch. para. 3 in force at 1.10.2020, see reg. 1(2)

Final notice E+W

4.—(1) After the end of the period for making representations and objections, the regulator must decide whether—

(a) to impose the requirements in the notice of intent, with or without modifications; or

(b) to impose any other requirement that the regulator has power to impose under this Part.

(2) Where the regulator decides to impose a requirement, the notice imposing it (the “final notice”) must comply with paragraph 5, in the case of a [F9 fixed] monetary penalty, or paragraph 6, in the case of a compliance notice.

(3) The regulator may not impose a final notice on a person where the regulator is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the notice relates.

(4) The regulator must take into account any third party undertaking that it accepts in deciding—

(a) whether or not to serve a final noticeF10 ...

(b) F10 ....

Textual Amendments

F9 Word in Sch. para. 4(2) substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(d)(i) (with reg. 16(b))

F10 Sch. para. 4(4)(b) and word omitted (1.10.2023) by virtue of The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(d)(ii) (with reg. 16(b))

Commencement Information

I4 Sch. para. 4 in force at 1.10.2020, see reg. 1(2)

Contents of final notice: [F11 fixed] monetary penalty E+W

5.  A final notice for a [F12 fixed] monetary penalty must include information as to—

(a) the grounds for imposing the penalty;

(b) the amount to be paid;

(c) how payment may be made;

(d) the period within which payment must be made, which must be not less than 28 days;

(e) rights of appeal; and

(f) the consequences of failing to comply with the notice.

Textual Amendments

F11 Word in Sch. para. 5 heading substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(e) (with reg. 16(b))

F12 Word in Sch. para. 5 substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(e) (with reg. 16(b))

Commencement Information

I5 Sch. para. 5 in force at 1.10.2020, see reg. 1(2)

Contents of final notice: compliance notice E+W

6.  A final notice relating to a compliance notice must include information as to—

(a) the grounds for imposing the notice;

(b) what compliance is required and the period within which it must be completed;

(c) rights of appeal; and

(d) the consequences of failing to comply with the notice.

Commencement Information

I6 Sch. para. 6 in force at 1.10.2020, see reg. 1(2)

Appeals against final notice E+W

7.—(1) The person receiving the final notice may appeal against it.

(2) The grounds for appeal are—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

F13 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in the case of a compliance notice, that the nature of the requirement is unreasonable;

(e) that the decision is unreasonable for any other reason;

(f) any other reason.

Textual Amendments

F13 Sch. para. 7(2)(c) omitted (1.10.2023) by virtue of The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(f) (with reg. 16(b))

Commencement Information

I7 Sch. para. 7 in force at 1.10.2020, see reg. 1(2)

Criminal proceedings E+W

8.—(1) If—

(a) a [F14 fixed] monetary penalty or compliance notice is served on any person, or

(b) a third party undertaking is accepted from any person,

that person may not at any time be convicted of the offence in respect of the act or omission giving rise to the [F14 fixed] monetary penalty, compliance notice or third party undertaking except in a case referred to in sub-paragraph (2).

(2) The case referred to in sub-paragraph (1) is a case where—

(a) a compliance notice is imposed on a person or a third party undertaking is accepted from a person;

(b) no [F14 fixed] monetary penalty is imposed on that person; and

(c) that person fails to comply with the compliance notice or third party undertaking.

Textual Amendments

F14 Word in Sch. para. 8 substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 3 para. 7(g) (with reg. 16(b))

Commencement Information

I8 Sch. para. 8 in force at 1.10.2020, see reg. 1(2)