PART 4Offences and enforcement

Offences12

1

It is an offence for a supplier of a single use carrier bag to contravene regulation 6.

2

It is an offence for a supplier to whom Part 3 applies—

a

to contravene, without reasonable excuse, regulation 10;

b

to knowingly or recklessly make a false entry in a record;

c

to fail, without reasonable excuse, to comply with a request under regulation 11;

d

to knowingly or recklessly give false or misleading information to the enforcement authority; or

e

to otherwise obstruct or fail to assist the enforcement authority in the exercise of its functions under these Regulations.

3

A person guilty of an offence under paragraph (1) or (2) is liable—

a

on summary conviction to a fine not exceeding the statutory maximum; and

b

on conviction on indictment to a fine.

4

Where a supplier is charged with an offence under paragraph (1), it is a defence for the supplier to show that the supplier took all reasonable precautions and exercised all due diligence to prevent the offence being committed.

5

Where—

a

an offence has been committed by a body corporate or a Scottish partnership or other unincorporated association; and

b

it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

i

a relevant individual; or

ii

an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

6

In paragraph (5), “relevant individual” means—

a

in relation to a body corporate—

i

a director, manager, secretary or other similar officer of the body;

ii

where the affairs of the body are managed by its members, a member;

b

in relation to a Scottish partnership, a partner;

c

in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.