SCHEDULES

SCHEDULE 6Resource efficiency information

PART 2Enforcement

12Sanctions

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 civil sanctions imposed under Part 2 regulations, or

ii

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).

4

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.