SCHEDULES
SCHEDULE 4Producer responsibility obligations
PART 2Enforcement
I1I1812General power
The relevant national authority may by regulations (“Part 2 regulations”) make provision about the enforcement of requirements imposed by regulations (“Part 1 regulations”) made by the authority under Part 1 of this Schedule.
I2I1413Powers to confer functions
1
Part 2 regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority” for the purposes of this Part).
2
Part 2 regulations may include provision—
a
conferring functions involving the exercise of discretion;
b
for the functions of an enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations.
3
Part 2 regulations may include provision requiring an enforcement authority to issue guidance about the exercise of its functions.
I3I1614Monitoring compliance
Part 2 regulations may include provision conferring on an enforcement authority the function of monitoring compliance with requirements imposed by Part 1 regulations.
I4I1215Records and information
Part 2 regulations may include provision—
a
requiring persons on whom requirements are imposed by Part 1 regulations to keep records;
b
requiring persons on whom requirements are imposed by Part 1 regulations to provide records or other information to an enforcement authority;
c
requiring an enforcement authority to make reports or provide information to the relevant national authority.
I5I1316Powers of entry etc
1
Part 2 regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.
2
Part 2 regulations may include provision—
a
for powers to be exercisable only under the authority of a warrant issued by a justice of the peace, sheriff, summary sheriff or lay magistrate;
b
about applications for, and the execution of, warrants.
3
Part 2 regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—
a
enter premises by force;
b
enter a private dwelling without the consent of the occupier;
c
search and seize material.
I6I1117Sanctions
1
Part 2 regulations may include provision—
a
for, about or connected with the imposition of civil sanctions in respect of—
i
failures to comply with Part 1 regulations or Part 2 regulations, or
ii
the obstruction of or failure to assist an enforcement authority;
b
for appeals against such sanctions.
2
Part 2 regulations may include provision—
a
creating criminal offences punishable with a fine in respect of—
i
failures to comply with Part 1 regulations or Part 2 regulations,
ii
failures to comply with civil sanctions imposed under Part 2 regulations, or
iii
the obstruction of or failure to assist an enforcement authority;
b
about such offences.
3
In this paragraph “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).
I7I1718
Part 2 regulations may include provision for the imposition of sanctions of that kind whether or not—
a
the conduct in respect of which the sanction is imposed constitutes an offence,
b
the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or
c
the relevant national authority may make provision for the imposition of sanctions under that Part.
I8I1019Charges and costs
Part 2 regulations may include provision—
a
requiring persons on whom requirements are imposed by Part 1 regulations to pay charges, as a means of recovering costs incurred by an enforcement authority in performing its functions;
b
authorising a court or tribunal dealing with any matter under Part 1 regulations or Part 2 regulations to award to an enforcement authority costs incurred by it in performing its functions under the regulations in relation to that matter.
I9I1520Consultation requirement
1
Before making Part 2 regulations the relevant national authority must consult any persons the authority considers appropriate.
2
The requirement in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.