Part 1

Waste
Chapter 1

Waste sent to landfills

Landfill allowances scheme (Scotland, Wales and Northern Ireland)

Offences under regulations under sections 6 and 7
8
1
This section applies where—
a
regulations under section 6(1) are making provision of the kind mentioned in section 6(3)(j), or
b
regulations under section 7(1) are making provision of the kind mentioned in section 7(3)(l).
2
The regulations may provide for an offence to be triable—
a
only summarily, or
b
either summarily or on indictment.
3
Where the regulations provide for an offence to be triable only summarily, they may provide for the offence to be punishable—
a
by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed three months), or
b
by a fine—
i
not exceeding such amount as is so stated (which may not exceed level 5 on the standard scale), or
ii
not exceeding such level on the standard scale as is so stated, or
c
by both.
4
Subsections (5) and (6) apply where the regulations provide for an offence to be triable either summarily or on indictment.
5
They may provide for the offence to be punishable on summary conviction—
a
by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed three months), or
b
by a fine—
i
not exceeding such amount as is so stated (which may not exceed the statutory maximum), or
ii
expressed as a fine not exceeding the statutory maximum, or
c
by both.
6
They may provide for the offence to be punishable on conviction on indictment—
a
by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed two years), or
b
by a fine, or
c
by both.
Words in s. 4 heading inserted (31.3.2013) by The Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013 (S.I. 2013/141), regs. 1(1)(b), 3(2) (with reg. 8)