SCHEDULES
SCHEDULE 8Deposit schemes
5Enforcement
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.