OpenLegislation

Regulation 28 Offences

Original text. Later amendments are not shown.

In regulation 31f1 (offences)—

(a)

at the end of paragraph (1)(f) insert—

“,

(g)

regulation 5(3B),

(h)

regulation 5(3C),

(i)

regulation 5(3D),

(j)

regulation 5(3F)”,

(b)

in paragraph (2)—

(i)

for sub-paragraph (b), substitute—

“(b)

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

(ii)

in sub-paragraph (c), before “retailer” insert “groceries”,

(iii)

after sub-paragraph (c) insert—

“(ca)

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

(iv)

for sub-paragraph (e) substitute—

“(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),”,

(v)

omit sub-paragraphs (f) to (h),

(c)

for paragraph (3) substitute—

“(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).”,

(d)

in paragraph (4), for “10(1)(b) and (c)” substitute “10(1)(b), (c), (d) and (3) and 11(1)(a) and (b)”,

(e)

omit paragraphs (5) and (6),

(f)

for paragraph (7) substitute—

“(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).”,

(g)

for paragraph (8), substitute—

“(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.”,

(h)

after paragraph (9), insert—

“(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).”,

(i)

in paragraph (14), for “(8)(b) to (d)”, substitute “(8A)(a) or (b), (8B) or (8C)”.

Annotations

Footnotes

f1

Regulation 31 is relevantly amended by S.S.I. 2022/76 and S.S.I. 2023/201.