C1C2 PART IIWASTE ON LAND

Annotations:
Modifications etc. (not altering text)

F1Electronic waste tracking

Annotations:
Amendments (Textual)
F1

Arts. 5G, 5H and cross-heading inserted (28.2.2022) by Environment Act 2021 (c. 30), ss. 59(2), 147(6) (with s. 144); S.R. 2022/54, art. 2(1)(i)

Further provision about regulations under Article 5G5H

1

Regulations under Article 5G may make provision about the enforcement of requirements imposed by or under the regulations.

2

The regulations may include provision—

a

creating criminal offences punishable with a fine in respect of failures to comply with the regulations;

b

about such offences.

3

The regulations may include provision—

a

for, about or connected with the imposition of civil sanctions by the Department;

b

in the case of a civil sanction that requires the payment of an amount, for that amount—

i

to be specified in the regulations;

ii

to be determined by the Department in accordance with the regulations;

c

for such a determination to be made by reference to factors specified or described in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount to be paid may exceed the amount of those costs);

d

about appeals against the imposition of a civil sanction.

4

In this Article “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

5

The regulations may include provision for the imposition of sanctions of that kind whether or not the conduct in respect of which the sanction is imposed constitutes an offence.

6

The regulations may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking any statutory provision.