[F1Disposal in a landfill or by incineration]W

Textual Amendments

10Civil sanctions in respect of [F2offences created by regulations under sections 9 and 9A] W

(1)This section applies where the power to make regulations in section 9(1) [F3or 9A(1) ] has been or is being exercised so as to create an offence.

(2)[F4The 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.

[F5(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 [F6where 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) [F7or 9A(1) (as appropriate)].

Textual Amendments