SCHEDULES
SCHEDULE 5Producer responsibility for disposal costs
PART 2Enforcement
I1I216Sanctions
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 civil sanctions imposed under Part 2 regulations, or
ii
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).
4
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.