SCHEDULE 2Amendment of the Environmental Protection (Microbeads) (England) Regulations 2017

Regulation 14

1.

The Environmental Protection (Microbeads) (England) Regulations 2017 are amended in accordance with paragraphs 2 to 6.

2.

In regulation 2 (interpretation), after the definition of “enforcement undertaking” insert—

““fixed monetary penalty” has the meaning given by paragraph 1(1)(a) of the Schedule;”.

3.

In regulation 9 (publication of enforcement action), in paragraph (1)(b), for “variable” substitute “fixed”.

4.

In regulation 10 (guidance)—

(a)

in paragraph (2), for “variable” substitute “fixed”;

(b)

omit paragraph (3)(d).

5.

Omit regulation 11 (additional guidance).

6.

In the Schedule (Civil Sanctions)—

(a)

in the heading of Part 1, for “Variable” substitute “Fixed”;

(b)

in paragraph 1—

(i)

in the heading, for “variable” substitute “fixed”;

(ii)

for sub-paragraph (1)(a) substitute—

“(a)

a requirement to pay to the regulator a penalty of £200 (a “fixed monetary penalty”)”;

(iii)

omit sub-paragraphs (4) and (5);

(c)

in paragraph 2—

(i)

for “variable” in each place that it occurs substitute “fixed”;

(ii)

after sub-paragraph (2) insert—

“(2A)

A notice of intent to serve a fixed monetary penalty must also offer the person on whom the notice is served the opportunity to discharge their liability for the penalty by paying the sum of £100 to the regulator within 28 days beginning with the day on which the notice is received.

(2B)

A person’s liability to a fixed monetary penalty is discharged if the person pays the sum of £100 to the regulator within the time specified in sub-paragraph (2A).”;

(iii)

after sub-paragraph (3) insert—

“(4)

Sub-paragraph (3) does not apply in relation to a notice of intent to serve a fixed monetary penalty if the person makes a payment in accordance with sub-paragraph (2B).”;

(d)

in paragraph 4—

(i)

in sub-paragraph (2), for “variable” substitute “fixed”;

(ii)

in sub-paragraph (4), omit paragraph (b) and the “and” preceding it;

(e)

in paragraph 5, in the heading and in the words preceding paragraph (a), for “variable” substitute “fixed”;

(f)

in paragraph 7(2), omit paragraph (c);

(g)

in paragraph 8, for “variable” in each place that it occurs substitute “fixed”;

(h)

in paragraph 19(b), for “variable” substitute “fixed”;

(i)

in paragraph 23(1)(a), for “variable” substitute “fixed”;

(j)

in paragraph 24(1), for “variable” substitute “fixed”;

(k)

in paragraph 26(a)—

(i)

for “variable” substitute “fixed”; and

(ii)

for “the notice” substitute “a notice imposing a non-compliance penalty”;

(l)

in paragraph 27(2), for “variable” substitute “fixed”;

(m)

in paragraph 29, for “variable” substitute “fixed”.