The Producer Responsibility Obligations (Packaging Waste) Regulations 2007, Section 40 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
40.—F2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A person who contravenes a requirement of regulation 23 or who is in breach of either of the conditions specified in paragraph 1(a) or 1(d) of Schedule 5 is guilty of an offence.
(5) A person who furnishes any information to the appropriate Agency in connection with its functions under these Regulations F3... shall be guilty of an offence if, in furnishing the information, he—
(a)knows the information to be false or misleading in a material particular; or
(b)furnishes such information recklessly and it is false or misleading in a material particular.
(6) A person who fails without reasonable excuse to comply with any requirement imposed in a notice under regulation 31(3) shall be guilty of an offence.
(7) A person who intentionally delays or obstructs a person authorised by the appropriate Agency in the exercise of powers referred to in regulation 35 is guilty of an offence.
F4(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) A person guilty of an offence under any of paragraphs (1) to [F5(7)] above shall be liable—
(a)on summary conviction to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
(10) Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or have been attributable to neglect on the part of, any partner or a person who was purporting to act as such, that person as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.]
Textual Amendments
F1Reg. 40A inserted (E.) (6.4.2010) by The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010 (S.I. 2010/1159), regs. 1, 8
F2Reg. 40(1)-(3) omitted (1.1.2025) by virtue of The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (S.I. 2024/1332), reg. 1(2), Sch. 16 para. 1(14)(a) (with reg. 12, Sch. 15)
F3Words in reg. 40(5) omitted (1.1.2025) by virtue of The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (S.I. 2024/1332), reg. 1(2), Sch. 16 para. 1(14)(b) (with reg. 12, Sch. 15)
F4Reg. 40(8) omitted (1.1.2025) by virtue of The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (S.I. 2024/1332), reg. 1(2), Sch. 16 para. 1(14)(c) (with reg. 12, Sch. 15)
F5Word in reg. 40(9) substituted (1.1.2025) by The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (S.I. 2024/1332), reg. 1(2), Sch. 16 para. 1(14)(d) (with reg. 12, Sch. 15)
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