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There are currently no known outstanding effects for the The Packaging (Essential Requirements) Regulations 2015, PART 4.
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7.—(1) The following authorities have a duty to enforce these Regulations within their area—
(a)[F1in Great Britain, weights and measures authorities; and]
(b)in Northern Ireland, the Department of Enterprise, Trade and Investment.
(2) Schedule 4 has effect for the purposes of providing for the enforcement of these Regulations(1).
Textual Amendments
F1Reg. 7(1)(a) omitted (N.I.) (31.12.2020) by virtue of The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(3), 15(5)
8. Any person who, without a defence under regulation 10—
(a)contravenes or fails to comply with regulation 4 or 5; or
(b)fails to supply or retain technical documentation or other information as required by regulation 6(1) and (2);
is guilty of an offence.
9.—(1) A person guilty of an offence under regulation 8(a) is liable—
(a)on summary conviction—
(i)[F2in England and Wales, to a fine;]
(ii)in [F3Scotland or] Northern Ireland, to a fine not exceeding level 5 on the standard scale.
(b)on conviction on indictment in [F4Scotland or] Northern Ireland, to a fine not exceeding the statutory maximum.
(2) A person guilty of an offence under regulation 8(b) is liable on summary conviction—
(a)[F5in England and Wales, to a fine;]
(b)in [F6Scotland or] Northern Ireland, to a fine not exceeding level 5 on the standard scale.
Textual Amendments
F2Reg. 9(1)(a)(i) omitted (N.I.) (31.12.2020) by virtue of The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(3), 15(6)(a)(i)
F3Words in reg. 9(1)(a)(ii) omitted (N.I.) (31.12.2020) by virtue of The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(3), 15(6)(a)(ii)
F4Words in reg. 9(1)(b) omitted (N.I.) (31.12.2020) by virtue of The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(3), 15(6)(b)
F5Reg. 9(2)(a) omitted (N.I.) (31.12.2020) by virtue of The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(3), 15(6)(c)(i)
F6Words in reg. 9(2)(b) omitted (N.I.) (31.12.2020) by virtue of The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(3), 15(6)(c)(ii)
10.—(1) In proceedings for an offence under regulation 8, it is a defence for a person to show that that person took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) A person is not, without the leave of the court, entitled to rely on the defence if it involves an allegation that the commission of the offence was due—
(a)to the act or default of another; or
(b)to reliance on information given by another;
unless, not later than seven clear days before the hearing of the proceedings [F7(in England, Wales and Northern Ireland), or the trial diet (in Scotland)], the person has served a notice on the person bringing the proceedings.
(3) The notice must give the information in the possession of the person (“A”) serving the notice which identifies or assists in identifying the person (“B”) who—
(a)committed the act or default; or
(b)supplied the information which was relied on.
(4) A may not rely on the defence by reason of reliance on information supplied by B, unless A shows that it was reasonable in all the circumstances to have relied on the information, having regard in particular—
(a)to the steps that A took and those which might reasonably have been taken for the purpose of verifying the information; and
(b)to whether A had any reason to disbelieve the information.
Textual Amendments
F7Words in reg. 10(2) omitted (N.I.) (31.12.2020) by virtue of The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(3), 15(7)
11.—(1) Where the commission by a person of an offence under regulation 8 is due to anything that another person did or failed to do in the course of a business, that other person is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.
(2) Where a body corporate or a Scottish partnership commits an offence and it is proved that the offence was committed—
(a)with the consent or connivance of a relevant person; or
(b)as a result of the negligence of a relevant person,
that person, as well as the body corporate, is guilty of the offence.
(3) A “relevant person” means—
(a)a director, manager, secretary or other similar officer of a body corporate;
(b)in relation to a body corporate managed by its members, a member of that body performing managerial functions;
(c)in relation to a Scottish partnership, a partner;
(d)a person purporting to act as a person described in sub-paragraph (a), (b) or (c).
For the investigatory powers available to the enforcement authority for the purpose of the duty imposed by regulation 7(1), see Schedule 5 to the Consumer Rights Act 2015 (c.15).
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