The Environmental Protection (Single-use Vapes) (Wales) Regulations 2024

Guidance

14.—(1) The regulator must publish guidance about its use of civil sanctions under these Regulations in relation to an offence under Part 2.

(2) In relation to guidance relating to a fixed monetary penalty, a variable monetary penalty, a compliance notice, a non-compliance penalty, or a stop notice, the guidance must contain the relevant information set out in paragraph (3).

(3) The relevant information referred to in paragraph (2) is information as to—

(a) the circumstances in which the penalty or notice is likely to be imposed,

(b) the circumstances in which the penalty or notice may not be imposed,

(c) the right to make representations and objections, and rights of appeal,

(d) in the case of a fixed monetary penalty, the amount of the penalty, how liability for the penalty may be discharged, and the effect of discharge, and

(e) in the case of a variable monetary penalty, the matters likely to be taken into account by the regulator in determining the amount of the penalty (including any discounts for voluntary reporting by any person of that person’s non-compliance).

(4) The regulator must revise the guidance where appropriate.

(5) The regulator must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this regulation.

(6) The regulator must have regard to its guidance or revised guidance published under this regulation in exercising its functions.