Environment Act 2021

Enforcement

5 (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).