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The Deposit and Return Scheme for Scotland Amendment Regulations 2023

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Deposit and Return Scheme for Scotland Amendment Regulations 2023 No. 201

Offences

This section has no associated Policy Notes

17.  In regulation 31 (offences)—

(a)before paragraph (1)(a), insert—

“(za)regulation 3A(1),

(zb)regulation 3A(3),”,

(b)after paragraph (2)(e), insert—

“,

(f)an application for listing as a producer of a low volume product submitted in accordance with paragraphs 5 to 8 of schedule 5,

(g)a notification of any material change in accordance with paragraph 14© of schedule 5,

(h)a notification that a product is no longer a low volume drink product in accordance with paragraph 14(d) of schedule 5”,

(c)after paragraph (5), insert—

“(5A) It is an offence for a listed producer to fail, without reasonable excuse, to comply with the obligations set out in paragraph 14(c), (d), (f) and (g) of schedule 5.”,

(d)in paragraph (8),—

(i)in sub-paragraph (a)(ii), for “21(2)” substitute “21(3)”,

(ii)after sub-paragraph (b), insert—

“(ba)to fail to comply with regulation 19(3),

(bb)to fail to comply with regulation 19(4),

(bc)to fail to comply with regulation 20(5)(d),

(bd)to fail to comply with regulation 20A,

(be)to fail to comply with regulation 21(5)(a) and (b),”,

(iii)in sub-paragraph (c), for “21(4)” substitute “21(8)”,

(iv)after sub-paragraph (c) insert—

“(ca)to fail to comply with regulation 21(10),”.

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