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The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 ISBN 978-0-11-119620-5

Non-compliance with an enforcement undertaking

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23.—(1) If an enforcement undertaking is not complied with, the regulator that accepted the undertaking may either—

(a)serve a variable monetary penalty notice, compliance notice, non-compliance penalty or stop notice; or

(b)bring criminal proceedings.

(2) If a person has complied partly but not fully with an enforcement undertaking, that partial compliance must be taken into account in the imposition of any criminal or other sanction on the person.

(3) Criminal proceedings for an offence to which an enforcement undertaking relates may be instituted at any time up to six months from the date on which the regulator notifies the person required to comply with that undertaking of that person’s failure to do so.

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