Draft Order laid before the Scottish Parliament under section 58(3)(a) of the Regulatory Reform (Scotland) Act 2014 for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Environmental Protection
Enforcement
Made
2023
Coming into force
2023
The Scottish Ministers make the following Order in exercise of the powers conferred on them by sections 20(1), 23(1), 27(1), and 58(1) of the Regulatory Reform (Scotland) Act 2014(1) and all other powers enabling them to do so.
In accordance with section 58(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
1. This Order may be cited as the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2023 and comes into force on the day after the day on which it is made.
2.—(1) The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015(2) is amended in accordance with paragraphs (2) and (3).
(2) In the table in schedule 4 (relevant offences and fixed penalty amounts), under the heading Deposit Return Scheme for Scotland Regulations 2020, after the fifth row (Regulation 31(1)(e) (contravention of regulations 5(3) (requirement to communicate certain information when marketing, offering for sale or selling a scheme article))), insert (as a new row and in the appropriate columns)—
| Regulation 31(1)(f) (contravention of regulation 5(3A) (requirement to communicate certain information when marketing, offering for sale, or selling a non-scheme article to a purchaser other than a consumer)) | YES | YES | YES | MEDIUM |
(3) At the end of the table in schedule 4, after the final row insert (as new rows and in the appropriate columns)—
| The Packaging Waste (Data Reporting) (Scotland) Regulations 2023 (3) | ||||
|---|---|---|---|---|
| Regulation 28(1) (contravention of regulation 14(3) (incapacity reporting obligation)) | YES | YES | YES | LOW |
| Regulation 28(2)(a) (contravention of regulation 16 (data collection obligations)) | YES | YES | YES | MEDIUM |
| Regulation 28(2)(b) (contravention of regulation 17 (data reporting obligations)) | YES | YES | YES | MEDIUM |
| Regulation 28(2)(c) (contravention of regulation 18 (notification of winding-up, receivership, administration etc.) | YES | YES | YES | LOW |
| Regulation 28(3)(a) (contravention of regulation 20(1) (data reporting obligations)) | YES | YES | YES | MEDIUM |
| Regulation 28(3)(b) (contravention of regulation 20(2) (data collection obligation)) | YES | YES | YES | MEDIUM |
| Regulation 28(4)(a) (knowingly furnishing false or misleading information to SEPA) | YES | YES | YES | HIGH |
| Regulation 28(4)(b) (recklessly furnishing false or misleading information to SEPA) | YES | YES | YES | HIGH |
| Regulation 28(5) (failing to comply with any requirement imposed in a notice under regulation 23(3)) | YES | YES | YES | MEDIUM |
| Regulation 28(6) (intentionally delaying or obstructing a person authorised by SEPA in the exercise of powers referred to in regulation 26) | YES | NO | NO | LOW |
Name
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Date
(This note is not part of the Order)
This Order confers additional powers on the Scottish Environment Protection Agency (“SEPA”) to enable it to enforce the requirements of the Deposit and Return Scheme for Scotland Regulations 2020 (“the DRS regulations”) by reflecting an additional offence added by the Deposit and Return Scheme for Scotland Amendment Regulations 2022, and to enforce the requirements of the Packaging Waste (Data Reporting) (Scotland) Regulations 2022 (“the Data Reporting Regulations”).
It amends the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 (“the 2015 Order”) so that, where the additional offence is committed under the DRS Regulations or offences are committed under the Data Reporting Regulations, SEPA may also exercise its powers under the 2015 Order to impose a fixed or variable monetary penalty, or to accept an enforcement undertaking.
S.S.I. 2015/383 as amended by S.S.I. 2016/161, S.I. 2017/1200, S.S.I. 2018/219, S.S.I. 2020/155 and S.S.I. 2021/412.