The Environmental Regulation (Relevant Offences) (Scotland) Order 2014

The Waste Batteries and Accumulators Regulations 2009

16.  An offence under any of the following provisions of the Waste Batteries and Accumulators Regulations 2009(1)—

(a) regulation 89(1)(a)(i) to (xi) (producer failing to comply with requirements etc.);

(b) regulation 89(1)(b) (false or misleading information) insofar as it relates to information furnished under regulation 11 (information provided to operators of battery compliance schemes), 27 (application by a small producer to register) or 29 (notification of changes to registration details);

(c) regulation 89(1)(c) (false or misleading information);

(d) regulation 89(1)(d) (false or misleading information) insofar as it relates to reports furnished under regulation 13 (reporting: portable batteries placed on the market by a small producer) or 16(5) or (6) (reporting portable batteries);

(e) regulation 89(2) (failure to comply with requirements etc.);

(f) regulation 89(4) (approved battery treatment operator or exporter failing to comply with requirements etc.);

(g) regulation 89(6)(a) (disposing waste automotive and industrial batteries in landfill or by incineration);

(h) regulation 89(6)(b) (failure to comply with requirements etc.);

(i) regulation 89(6)(c) (disclosing information in contravention of regulation 82) insofar as the information disclosed under or by virtue of regulation 82(1) was disclosed by SEPA;

(j) regulation 89(6)(d) (failure to comply with an enforcement notice) insofar as the enforcement notice was served by SEPA;

(k) regulation 89(6)(e) (failure to comply with a requirement; powers of entry and inspection) insofar as the requirement was imposed by an enforcement officer authorised by SEPA(2);

(l) regulation 89(6)(h) (failure to produce records or information) insofar as the requirement to produce a record or information was imposed by an enforcement officer authorised by SEPA;

(m) regulation 89(6)(i) (false and misleading information to an enforcement officer) insofar as the information was provided to an enforcement officer authorised by SEPA or a person accompanying such an officer.

(1)

S.I. 2009/890, to which there are amendments not relevant to this Order.

(2)

Regulation 88(11) of S.I. 2009/890 provides for the meaning of “enforcement officer”.