SCHEDULES
SCHEDULE 4

Producer responsibility obligations
PART 2

Enforcement

General power
12
The relevant national authority may by regulations (“Part 2 regulations”) make provision about the enforcement of requirements imposed by regulations (“Part 1 regulations”) made by the authority under Part 1 of this Schedule.

Powers to confer functions
13
1
Part 2 regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority” for the purposes of this Part).
2
Part 2 regulations may include provision—
a
conferring functions involving the exercise of discretion;
b
for the functions of an enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations.
3
Part 2 regulations may include provision requiring an enforcement authority to issue guidance about the exercise of its functions.

Monitoring compliance
14
Part 2 regulations may include provision conferring on an enforcement authority the function of monitoring compliance with requirements imposed by Part 1 regulations.

Records and information
15
Part 2 regulations may include provision—
a
requiring persons on whom requirements are imposed by Part 1 regulations to keep records;
b
requiring persons on whom requirements are imposed by Part 1 regulations to provide records or other information to an enforcement authority;
c
requiring an enforcement authority to make reports or provide information to the relevant national authority.

Powers of entry etc
16
1
Part 2 regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.
2
Part 2 regulations may include provision—
a
for powers to be exercisable only under the authority of a warrant issued by a justice of the peace, sheriff, summary sheriff or lay magistrate;
b
about applications for, and the execution of, warrants.
3
Part 2 regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—
a
enter premises by force;
b
enter a private dwelling without the consent of the occupier;
c
search and seize material.

Sanctions
17
1
Part 2 regulations may include provision—
a
for, about or connected with the imposition of civil sanctions in respect of—
i
failures to comply with Part 1 regulations or Part 2 regulations, or
ii
the obstruction of or failure to assist an enforcement authority;
b
for appeals against such sanctions.
2
Part 2 regulations may include provision—
a
creating criminal offences punishable with a fine in respect of—
i
failures to comply with Part 1 regulations or Part 2 regulations,
ii
failures to comply with civil sanctions imposed under Part 2 regulations, or
iii
the obstruction of or failure to assist an enforcement authority;
b
about such offences.
3
In this paragraph “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).
18
Part 2 regulations may include provision for the imposition of sanctions of that kind whether or not—
a
the conduct in respect of which the sanction is imposed constitutes an offence,
b
the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or
c
the relevant national authority may make provision for the imposition of sanctions under that Part.

Charges and costs
19
Part 2 regulations may include provision—
a
requiring persons on whom requirements are imposed by Part 1 regulations to pay charges, as a means of recovering costs incurred by an enforcement authority in performing its functions;
b
authorising a court or tribunal dealing with any matter under Part 1 regulations or Part 2 regulations to award to an enforcement authority costs incurred by it in performing its functions under the regulations in relation to that matter.

Consultation requirement
20
1
Before making Part 2 regulations the relevant national authority must consult any persons the authority considers appropriate.
2
The requirement in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.
Sch. 4 para. 12 not in force at Royal Assent, see s. 147(3)-(6)
Sch. 4 para. 13 not in force at Royal Assent, see s. 147(3)-(6)
Sch. 4 para. 14 not in force at Royal Assent, see s. 147(3)-(6)
Sch. 4 para. 15 not in force at Royal Assent, see s. 147(3)-(6)
Sch. 4 para. 16 not in force at Royal Assent, see s. 147(3)-(6)
Sch. 4 para. 17 not in force at Royal Assent, see s. 147(3)-(6)
Sch. 4 para. 18 not in force at Royal Assent, see s. 147(3)-(6)
Sch. 4 para. 19 not in force at Royal Assent, see s. 147(3)-(6)
Sch. 4 para. 20 not in force at Royal Assent, see s. 147(3)-(6)
Sch. 4 para. 12 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(q)
Sch. 4 para. 13 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(q)
Sch. 4 para. 14 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(q)
Sch. 4 para. 15 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(q)
Sch. 4 para. 16 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(q)
Sch. 4 para. 17 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(q)
Sch. 4 para. 18 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(q)
Sch. 4 para. 19 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(q)
Sch. 4 para. 20 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(q)
Sch. 4 para. 12 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b)
Sch. 4 para. 13 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b)
Sch. 4 para. 14 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b)
Sch. 4 para. 15 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b)
Sch. 4 para. 16 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b)
Sch. 4 para. 17 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b)
Sch. 4 para. 18 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b)
Sch. 4 para. 19 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b)
Sch. 4 para. 20 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b)
Sch. 4 para. 12 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(d)
Sch. 4 para. 13 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(d)
Sch. 4 para. 14 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(d)
Sch. 4 para. 15 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(d)
Sch. 4 para. 16 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(d)
Sch. 4 para. 17 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(d)
Sch. 4 para. 18 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(d)
Sch. 4 para. 19 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(d)
Sch. 4 para. 20 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(d)
Sch. 4 para. 12 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(c)
Sch. 4 para. 13 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(c)
Sch. 4 para. 14 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(c)
Sch. 4 para. 15 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(c)
Sch. 4 para. 16 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(c)
Sch. 4 para. 17 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(c)
Sch. 4 para. 18 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(c)
Sch. 4 para. 19 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(c)
Sch. 4 para. 20 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(c)