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

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The Waste Batteries and Accumulators Regulations 2009

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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”.

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