PART 5Enforcement and Review
Offences and penalties28
1
A person who contravenes the requirement in regulation 14(3) (notice to the Environment Agency) is guilty of an offence.
2
A producer who contravenes a requirement of—
a
regulation 16 (data collection obligation);
b
regulation 17 (data reporting obligation);
c
regulation 18 (notification of winding-up, receivership, administration etc.);
is guilty of an offence.
3
The operator of a registered scheme who contravenes a requirement under—
a
regulation 20(1) (data reporting obligations);
b
regulation 20(2) (data collection obligations);
is guilty of an offence.
4
A person who furnishes any information to the Environment Agency in connection with the Agency’s functions under these Regulations is guilty of an offence if, in furnishing the information, that person—
a
knows the information to be false or misleading in a material particular; or
b
provides such information recklessly, and the information is false or misleading in a material particular.
5
A person who fails without reasonable excuse to comply with any requirement imposed in a notice under regulation 23(3) is guilty of an offence.
6
A person who intentionally delays or obstructs a person authorised by the Environment Agency in the exercise of powers referred to in regulation 26 is guilty of an offence.
7
An offence under any of paragraphs (1) to (6) is punishable—
a
on conviction on indictment, by a fine; or
b
on summary conviction, by a fine.
8
Where—
a
an offence under these Regulations has been committed by a body corporate or an unincorporated association; and
b
it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
i
a relevant individual; or
ii
an individual purporting to act in the capacity of a relevant individual;
the individual as well as the body corporate or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.
9
In paragraph (7), “relevant individual” means—
a
in relation to a body corporate—
i
a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;
ii
where the affairs of the body are managed by its members, a member;
b
in a limited liability partnership, a member;
c
in relation to a partnership other than a limited liability partnership, a partner;
d
in relation to an unincorporated association other than a partnership, a person who is concerned in the management or control of the association.
Review29
1
The Secretary of State must from time to time—
a
carry out a review of the regulatory provision contained in these Regulations; and
b
publish a report setting out the conclusions of the review.
2
The first report must be published before 1st January 2028.
3
Subsequent reports must be published at intervals not exceeding 5 years.
4
Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—
a
set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);
b
assess the extent to which those objectives are achieved;
c
assess whether those objectives remain appropriate; and
d
if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
5
In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).