SCHEDULES

SCHEDULE 8Deposit schemes

I15Enforcement

1

The relevant national authority may by regulations make provision about the enforcement of requirements under deposit schemes.

2

The provision that may be made under sub-paragraph (1) includes provision—

a

conferring functions (including functions involving the exercise of discretion) in connection with the enforcement of requirements under deposit schemes on specified persons (which may include scheme administrators);

b

for such functions of such a person to be exercised on the person’s behalf by persons authorised in accordance with the regulations;

c

requiring scheme suppliers, scheme collectors or scheme administrators to provide records and other information relating to deposit schemes to specified persons;

d

for, about or connected with the imposition of civil sanctions in respect of failures to comply with relevant requirements, or the obstruction of or failure to assist a person having functions in connection with the enforcement of relevant requirements;

e

for appeals against such sanctions;

f

creating criminal offences punishable with a fine in respect of failures to comply with civil sanctions, or the obstruction of or failure to assist a person having functions in connection with the enforcement of relevant requirements;

g

about such offences.

3

For the purposes of 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

Regulations under sub-paragraph (1) 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 person imposing them 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.

5

In this paragraph—

  • relevant requirement” means any requirement imposed by or under a deposit scheme or regulations under sub-paragraph (1);

  • specified” means specified in, or determined in accordance with, regulations under sub-paragraph (1).