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

PART 3 E+W Enforcement Undertakings

Enforcement undertakings E+W

17.—(1) A regulator may accept an enforcement undertaking given by a person in a case where the regulator has reasonable grounds to suspect that the person has committed an offence under Parts 2 to 4 of these Regulations.

(2) For the purposes of this Part, an “enforcement undertaking” is a written undertaking to take such action as may be specified in the undertaking within such period as may be so specified.

Commencement Information

I1 Sch. para. 17 in force at 1.10.2020, see reg. 1(2)

Contents of an enforcement undertaking E+W

18.—(1) An enforcement undertaking must specify—

(a) action to secure the offence does not continue or recur;

(b) action (including the payment of a sum of money) to benefit any person affected by the offence; or

(c) action that will secure benefit to the environment equivalent to restoration of what has been, or is likely to have been, damaged or destroyed by the commission of the offence.

(2) It must specify the period within which the action must be completed.

(3) It must include—

(a) a statement that the undertaking is made in accordance with this Schedule;

(b) the terms of the undertaking; and

(c) information as to how and when the person giving that undertaking is to be considered to have discharged the undertaking.

(4) The enforcement undertaking may be varied, or the period within which the action must be completed may be extended, if both parties agree in writing.

Commencement Information

I2 Sch. para. 18 in force at 1.10.2020, see reg. 1(2)

Acceptance of an enforcement undertaking E+W

19.  If a regulator has accepted an enforcement undertaking, then, unless the person from whom the undertaking is accepted has failed to comply with the undertaking or any part of it—

(a) that person may not at any time be convicted of the offence in respect of the act or omission to which the undertaking relates; and

(b) a regulator may not impose on that person a [F1 fixed] monetary penalty, a compliance notice or a stop notice in respect of that act or omission.

Textual Amendments

F1 Word in Sch. para. 19(b) 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(h) (with reg. 16(b))

Commencement Information

I3 Sch. para. 19 in force at 1.10.2020, see reg. 1(2)

Discharge of an enforcement undertaking E+W

20.—(1) If a regulator that has accepted an enforcement undertaking is satisfied that the undertaking has been complied with, it must issue a certificate to that effect.

(2) The regulator may require the person who has given the undertaking to provide sufficient information to determine that the undertaking has been complied with.

(3) The person who gave the undertaking may at any time apply for such a certificate.

(4) The regulator must decide whether to issue such a certificate, and give written notice of the decision to the applicant, within 14 days of such an application.

Commencement Information

I4 Sch. para. 20 in force at 1.10.2020, see reg. 1(2)

Appeals against decision not to issue a certificate E+W

21.  The person to whom a notice is given under paragraph 20(4) may appeal against a decision not to issue a certificate under paragraph 20 on the grounds that the decision—

(a) was based on an error of fact;

(b) was wrong in law;

(c) was unfair or unreasonable;

(d) was wrong for any other reason.

Commencement Information

I5 Sch. para. 21 in force at 1.10.2020, see reg. 1(2)

Inaccurate, misleading or incomplete information E+W

22.—(1) A person who has given inaccurate, misleading or incomplete information in relation to an enforcement undertaking is to be taken not to have complied with it.

(2) A regulator may by notice in writing revoke a certificate which it issued under paragraph 20 if it was issued on the basis of inaccurate, misleading or incomplete information.

Commencement Information

I6 Sch. para. 22 in force at 1.10.2020, see reg. 1(2)

Non-compliance with an enforcement undertaking E+W

23.—(1) If an enforcement undertaking is not complied with, the regulator that accepted the undertaking may either—

(a) serve a [F2 fixed] monetary penalty notice, compliance notice, non-compliance penalty or stop notice; or

(b) bring criminal proceedings.

(2) If a person has complied partly but not fully with an enforcement undertaking, that partial compliance must be taken into account in the imposition of any criminal or other sanction on the person.

(3) Criminal proceedings for an offence to which an enforcement undertaking relates may be instituted at any time up to six months from the date on which the regulator notifies the person required to comply with that undertaking of that person’s failure to do so.

Textual Amendments

F2 Word in Sch. para. 23(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(i) (with reg. 16(b))

Commencement Information

I7 Sch. para. 23 in force at 1.10.2020, see reg. 1(2)