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The Packaging Waste (Data Reporting) (England) Regulations 2023

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Packaging Waste (Data Reporting) (England) Regulations 2023 No. 219

Monitoring

This section has no associated Explanatory Memorandum

23.—(1) The Environment Agency must monitor in accordance with this regulation—

(a)compliance with their data collection obligations and data reporting obligations by persons who are or may be producers; and

(b)compliance by operators of schemes with the obligations referred to in regulation 20(1) and (2).

(2) The duty in paragraph (1) includes a duty to monitor the accuracy of—

(a)the records kept by producers pursuant to regulation 16; and

(b)the information provided by producers in reports to the Environment Agency pursuant to regulation 17.

(3) For the purposes of the discharge of its functions under these Regulations, the Environment Agency may, serve a notice in writing (“an information notice”) on—

(a)any person who has, or who the Environment Agency has reason to believe has, data collection obligations or data reporting obligation;

(b)in relation to any person who is a member of a registered scheme, the operator of that scheme.

(4) An information notice may require that person to maintain records, and supply to the Environment Agency any data specified in the notice which the Environment Agency reasonably considers it needs for those purposes, in such form and within such period following service of the notice, or at such time, as is specified in the notice.

(5) Where the Environment Agency considers that any information supplied to it by any person further to a notice issued under paragraph (3), or otherwise under these Regulations, is inaccurate in any respect, the Environment Agency may require that person to supply corrected information.

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