There are currently no known outstanding effects for the Waste (Wales) Measure 2010, Section 10.
(1)This section applies where the power to make regulations in section 9(1) [F2or 9A(1) ] has been or is being exercised so as to create an offence.
(2)[F3The power may be exercised to] make provision, in relation to an enforcement authority, which could be made by an order under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (“RESA 2008”) as if, for the purposes of Part 3 of that Act–
(a)the enforcement authority were a regulator, and
(b)the offence were a relevant offence in relation to that regulator.
[F4(3)But sections 39(4) and 42(6) of RESA 2008 do not apply to the provision that may be made by regulations under section 9(1) or 9A(1) by virtue of subsection (2).]
(4)Sections 63 to 69 of RESA 2008 apply [F5where regulations under section 9(1) or 9A(1) make provision by virtue of subsection (2) as they apply where provision is] made under or by virtue of Part 3 of RESA 2008.
(5)For the purposes of subsection (4), the references to a “regulator” in sections 63 to 69 of RESA 2008 are to be read as references to an enforcement authority.
(6)In this section, “enforcement authority” means a person who has an enforcement function in relation to an offence created by regulations under section 9(1) [F6or 9A(1) (as appropriate)].
Textual Amendments
F1Words in s. 10 title substituted (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(3), 88(3)(b); S.I. 2023/1096, art. 2(c)
F2Words in s. 10(1) inserted (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(4), 88(3)(b); S.I. 2023/1096, art. 2(c)
F3Words in s. 10(2) substituted (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(5), 88(3)(b); S.I. 2023/1096, art. 2(c)
F4S. 10(3) substituted (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(6), 88(3)(b); S.I. 2023/1096, art. 2(c)
F5Words in s. 10(4) substituted (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(7), 88(3)(b); S.I. 2023/1096, art. 2(c)
F6Words in s. 10(6) inserted (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(8), 88(3)(b); S.I. 2023/1096, art. 2(c)
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