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.