Regulation 31 Offences

Scotland Not yet in force

(1)

It is an offence to contravene—

F1(za)

regulation 3A(1),

(zb)

regulation 3A(3),

(a)

regulation 4(1),

(b)

regulation 4(2),

(c)

regulation 5(2)(a),

(d)

regulation 5(2)(b),

(e)

regulation 5(3) F2,

(f)

regulation 5(3A) F3,

(g)

regulation 5(3B),

(h)

regulation 5(3C),

(i)

regulation 5(3D),

(j)

regulation 5(3F).

(2)

It is an offence for a person to knowingly or recklessly supply false information in connection with—

(a)

an application for producer registration submitted in accordance with chapter 2 of Part 3,

F4(b)

an application for registration of a groceries retailer to operate a return point submitted in accordance with regulation 20ZA,

(c)

an application for exemption of a F5groceries retailer from the obligation to operate a return point submitted in accordance with chapter 3 of Part 5,

F6(ca)

an application for registration of takeback service provider submitted in accordance with regulation 21,

(d)

an application for registration of a voluntary return point submitted in accordance with chapter 4 of Part 5,

F7(e)

a notification to the scheme administrator of any material change in accordance with—

(i)

regulation 10(1)(a),

(ii)

regulation 20ZA(4)(b),

(iii)

regulation 21(6),

(iii)

regulation 24(4)(b),

(iv)

regulation 25(8)(b),

F8(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(3)

It is an offence for a producer whose registration is cancelled by the scheme administrator to fail, without reasonable excuse, to comply with regulation 10(4).

(4)

It is an offence for a registered producer to fail, without reasonable excuse, to comply with the producer obligations set out in regulations F1010(1)(b), (c), (d) and (3) and 11(1)(a) and (b).

F11(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(5A)

It is an offence for a listed producer to fail, without reasonable excuse, to comply with the obligations set out in paragraph 14(c), (d), (f) and (g) of schedule 5.

F13(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(7)

It is an offence for the scheme administrator to fail, without reasonable excuse, to comply with the obligations set out in—

(a)

regulation 16(1) ,

(b)

regulation 16(2),

(c)

regulation 16(5),

(d)

regulation 16A(1),

(e)

regulation 16A(2) to (4),

(f)

regulation 16B(1).

(7A)

It is an offence for the scheme administrator to fail to comply with a request for payment by SEPA under regulation 30A (enforcement authority costs).

F15(8)

It is an offence for a groceries retailer to fail, without reasonable excuse, to comply with—

(a)

regulation 19(2),

(b)

regulation 19(3)(a).

(8A)

It is an offence for a groceries retailer to fail to comply with—

(a)

regulation 19(3)(b),

(b)

regulation 20ZA(1)(a) or (b).

(8B)

It is an offence for a retailer to fail to comply with regulation 19(4).

(8C)

It is an offence for a hospitality retailer to fail to comply with regulation 20A.

(9)

It is an offence for a return point operator—

(a)

to fail, without reasonable excuse, to comply with regulation 20(2),

(b)

to fail to comply with regulation 20(3).

F16(9A)

It is an offence for takeback service provider to contravene, without reasonable excuse, regulation 21(1).

(9B)

It is an offence for a takeback service provider to fail, without reasonable excuse, to comply with—

(a)

regulation 21(7),

(b)

regulation 21(9).

(9C)

It is an offence for a voluntary return point operator to contravene, without reasonable excuse, regulation 25(1).

(10)

It is an offence for a registered voluntary return point operator to fail, without reasonable excuse, to comply with regulation 25(8)(b).

(11)

It is an offence for a person to obstruct or fail to assist an authorised person exercising the enforcement powers under regulation 30(4).

(12)

It is an offence for a person served with a notice in accordance with regulation 30(4)(l) to fail, without reasonable excuse, to comply with that notice.

(13)

It is an offence for a person to purport to act as a scheme administrator without being approved under regulation 15.

(14)

Where a person is charged with an offence under paragraphs (1), F17(8A)(a) or (b), (8B) or (8C), or (9)(b), it is a defence for that person to show that person took all reasonable precautions and exercised all due diligence to prevent the offence being committed.

(15)

A person guilty of an offence under this regulation is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum,

(b)

on conviction on indictment, to a fine.

(16)

Where—

(a)

an offence has been committed by a body corporate or a Scottish partnership or other unincorporated association, and

(b)

it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i)

a relevant individual, or

(ii)

an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(17)

In paragraph (16), “relevant individual” means—

(a)

in relation to a body corporate—

(i)

a director, manager, secretary or some other similar officer or person,

(ii)

where the affairs of the body are managed by its members, a member,

(b)

in relation to a Scottish partnership, a partner,

(c)

in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Annotations

Textual amendments

F1: Reg. 31(1)(za)(zb) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 17(a) (with reg. 22)
F2: Reg. 31(1)(f) inserted (25.2.2022) by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76), regs. 1(1), 12 (with reg. 15)
F3: Reg. 31(1)(f), (g)-(j) inserted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(a)
F4: Reg. 31(2)(b) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(b)(i)
F5: Word in reg. 31(2)(c) inserted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(b)(ii)
F6: Reg. 31(2)(ca) inserted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(b)(iii)
F7: Reg. 31(2)(e) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(b)(iv)
F8: Reg. 31(2)(f)-(h) omitted (20.6.2025) by virtue of The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(b)(v)
F9: Reg. 31(3) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(c)
F10: Words in reg. 31(4) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(d)
F11: Reg. 31(5) omitted (20.6.2025) by virtue of The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(e)
F12: Reg. 31(5A) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 17(c) (with reg. 22)
F13: Reg. 31(6) omitted (20.6.2025) by virtue of The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(e)
F14: Reg. 31(7)(7A) substituted for reg. 31(7) (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(f)
F15: Reg. 31(8)-(8C) substituted for reg. 31(8) (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(g)
F16: Reg. 31(9A)-(9C) inserted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(h)
F17: Words in reg. 31(14) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 28(i)