Regulation 14
SCHEDULE 2Amendment of the Environmental Protection (Microbeads) (England) Regulations 2017
1. The Environmental Protection (Microbeads) (England) Regulations 2017 are amended in accordance with paragraphs 2 to 6.
2. In regulation 2 (interpretation), after the definition of “enforcement undertaking” insert—
““fixed monetary penalty” has the meaning given by paragraph 1(1)(a) of the Schedule;”.
3. In regulation 9 (publication of enforcement action), in paragraph (1)(b), for “variable” substitute “fixed”.
4. In regulation 10 (guidance)—
(a)in paragraph (2), for “variable” substitute “fixed”;
(b)omit paragraph (3)(d).
5. Omit regulation 11 (additional guidance).
6. In the Schedule (Civil Sanctions)—
(a)in the heading of Part 1, for “Variable” substitute “Fixed”;
(b)in paragraph 1—
(i)in the heading, for “variable” substitute “fixed”;
(ii)for sub-paragraph (1)(a) substitute—
“(a)a requirement to pay to the regulator a penalty of £200 (a “fixed monetary penalty”)”;
(iii)omit sub-paragraphs (4) and (5);
(c)in paragraph 2—
(i)for “variable” in each place that it occurs substitute “fixed”;
(ii)after sub-paragraph (2) insert—
“(2A) A notice of intent to serve a fixed monetary penalty must also offer the person on whom the notice is served the opportunity to discharge their liability for the penalty by paying the sum of £100 to the regulator within 28 days beginning with the day on which the notice is received.
(2B) A person’s liability to a fixed monetary penalty is discharged if the person pays the sum of £100 to the regulator within the time specified in sub-paragraph (2A).”;
(iii)after sub-paragraph (3) insert—
“(4) Sub-paragraph (3) does not apply in relation to a notice of intent to serve a fixed monetary penalty if the person makes a payment in accordance with sub-paragraph (2B).”;
(d)in paragraph 4—
(i)in sub-paragraph (2), for “variable” substitute “fixed”;
(ii)in sub-paragraph (4), omit paragraph (b) and the “and” preceding it;
(e)in paragraph 5, in the heading and in the words preceding paragraph (a), for “variable” substitute “fixed”;
(f)in paragraph 7(2), omit paragraph (c);
(g)in paragraph 8, for “variable” in each place that it occurs substitute “fixed”;
(h)in paragraph 19(b), for “variable” substitute “fixed”;
(i)in paragraph 23(1)(a), for “variable” substitute “fixed”;
(j)in paragraph 24(1), for “variable” substitute “fixed”;
(k)in paragraph 26(a)—
(i)for “variable” substitute “fixed”; and
(ii)for “the notice” substitute “a notice imposing a non-compliance penalty”;
(l)in paragraph 27(2), for “variable” substitute “fixed”;
(m)in paragraph 29, for “variable” substitute “fixed”.