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2.—(1) The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015(1) is amended in accordance with paragraph (2).
(2) At the end of the table in schedule 4 (relevant offences and fixed penalty amounts), after the final row insert (as a new row and in the appropriate columns)—
“The Deposit and Return Scheme for Scotland Regulations 2020(2) | ||||
---|---|---|---|---|
Regulation 31(1)(a) (contravention of regulation 4(1) (requirement to fulfil certain conditions in order to market, offer for sale or sell a scheme article)) | YES | YES | YES | MEDIUM |
Regulation 31(1)(b) (contravention of regulation 4(2) (requirement to fulfil certain conditions in order to market, offer for sale or sell a scheme article)) | YES | YES | YES | MEDIUM |
Regulation 31(1)(c) (contravention of regulation 5(2)(a) (requirement to charge a deposit when marketing, offering for sale or selling a scheme article in Scotland)) | YES | YES | YES | MEDIUM |
Regulation 31(1)(d) (contravention of regulation 5(2)(b) (requirement to display certain information when marketing, offering for sale or selling a scheme article)) | YES | YES | YES | LOW |
Regulation 31(1)(e) (contravention of regulation 5(3) (requirement to communicate certain information when marketing, offering for sale or selling a scheme article)) | YES | YES | YES | LOW |
Regulation 31(2) (offences in relation to knowingly or recklessly supplying of false information) | YES | YES | YES | HIGH |
Regulation 31(3)(a) (contravention of regulation 9(7)(a) (failure to comply with certain obligations of a producer whose registration has been cancelled)) | YES | YES | YES | LOW |
Regulation 31(3)(b) (contravention of regulation 9(7)(b) (failure to comply with certain obligations of a producer whose registration has been cancelled)) | YES | YES | YES | MEDIUM |
Regulation 31(4) (contravention of regulation 10(1)(b) and (c) (failure to provide certain information to SEPA)) | YES | YES | YES | LOW |
Regulation 31(5)(a) (failure to comply with certain obligations of a directly registered producer under regulation 11(1)(a) and (b)) | YES | YES | YES | LOW |
Regulation 31(5)(b) (failure to comply with certain obligations of a directly registered producer under regulation 11(1)(c) to (h)) | YES | YES | YES | MEDIUM |
Regulation 31(6) (failure to comply with certain obligations of a producer registered through a scheme administrator) | YES | YES | YES | LOW |
Regulation 31(7)(a) (failure by a scheme administrator to comply with the obligations in regulation 16(1)(a)(i)) | YES | YES | YES | LOW |
Regulation 31(7)(b) (failure by a scheme administrator to comply with the obligation in regulation 16(1)(a)(ii)) | YES | YES | YES | MEDIUM |
Regulation 31(7)(c) (failure by a scheme administrator to comply with the obligations in regulation 16(1)(b)) | YES | YES | YES | LOW |
Regulation 31(7)(d) (failure by a scheme administrator to comply with the obligation in regulation 16(1)(c)) | YES | YES | YES | MEDIUM |
Regulation 31(8)(a)(i) (failure by a retailer to comply with regulation 19(1)(b)) | YES | YES | YES | MEDIUM |
Regulation 31(8)(a)(ii) (failure by a retailer to comply with regulation 21(2)) | YES | YES | YES | MEDIUM |
Regulation 31(8)(a)(iii) (failure by a retailer to comply with regulation 22(4)(b)) | YES | YES | YES | MEDIUM |
Regulation 31(8)(b) (failure by a retailer to comply with regulation 19(1)(c)) | YES | YES | YES | LOW |
Regulation 31(8)(c) (failure by a retailer to comply with regulation 21(4)) | YES | YES | YES | MEDIUM |
Regulation 31(8)(d) (failure by a retailer to comply with regulation 22(4)(a)) | YES | YES | YES | LOW |
Regulation 31(9)(a) (failure by a return point operator to comply with regulation 20(2)) | YES | YES | YES | MEDIUM |
Regulation 31(9)(b) (failure by a return point operator to comply with regulation 20(3)) | YES | YES | YES | LOW |
Regulation 31(10) (failure by a voluntary return point operator to comply with regulation 25(8)(b)) | YES | YES | YES | MEDIUM |
Regulation 31(11) (obstruction of, or failure to assist an authorised person exercising enforcement powers under regulation 30(4)) | YES | NO | NO | LOW |
Regulation 31(12) (failure to comply with a notice under regulation 30(4)(l)) | YES | YES | YES | LOW |
Regulation 31(13) (purporting to act as a scheme administrator without approval under regulation 15) | YES | NO | NO | LOW” |
S.S.I. 2015/383, relevantly amended by S.S.I. 2016/161, S.I. 2017/1200 and S.S.I. 2018/219.
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