Disposal in a landfill or by incineration

10Civil sanctions in respect of F1offences created by regulations under sections 9 and 9A

(1)

This section applies where the power to make regulations in section 9(1) F2or 9A(1) has been or is being exercised so as to create an offence.

(2)

F3The power may be exercised to make provision, in relation to an enforcement authority, which could be made by an order under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (“RESA 2008”) as if, for the purposes of Part 3 of that Act–

(a)

the enforcement authority were a regulator, and

(b)

the offence were a relevant offence in relation to that regulator.

F4(3)

But sections 39(4) and 42(6) of RESA 2008 do not apply to the provision that may be made by regulations under section 9(1) or 9A(1) by virtue of subsection (2).

(4)

Sections 63 to 69 of RESA 2008 apply F5where regulations under section 9(1) or 9A(1) make provision by virtue of subsection (2) as they apply where provision is made under or by virtue of Part 3 of RESA 2008.

(5)

For the purposes of subsection (4), the references to a “regulator” in sections 63 to 69 of RESA 2008 are to be read as references to an enforcement authority.

(6)

In this section, “enforcement authority” means a person who has an enforcement function in relation to an offence created by regulations under section 9(1) F6or 9A(1) (as appropriate).