OpenLegislation

Part 2 The Table of Civil Sanctions

Original text. Later amendments are not shown.

Requirement or actFMP (amount)VMPcompliance noticeenforcement undertaking
Scheme producers
Regulation 11 and Part 1 of Schedule 1 (registration)NoYesYesYes
Regulation 13(1)(a) or (b) (requirement to make or keep records)NoYesYesYes
Providing information in response to a DMO instruction under regulation 14, or in an application for registration under paragraph 2 of Schedule 1, or under paragraph 4 or 5 of Schedule 1, where— (a) the person providing the information knows it to be inaccurate, false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular, or (c) the person providing the information knows it to be incomplete in a material particular, or (d) the producer has not notified the deposit management organisation of a change to the relevant information.NoYesYesYes
Providing information in an application under regulation 18 for registration of a product line as a low volume line, where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.NoYesYesYes
Regulation 21 (requirement to pay a producer registration fee)NoYesYesYes
Regulation 22 (requirement to pay deposits to the deposit management organisation)NoYesYesYes
Scheme suppliers
Regulation 23 (prohibition on supply of items from a scheme producer not registered with the deposit management organisation)Yes (£1,000)NoYesNo
Regulation 24(1)(a) (requirement for deposit item to carry scheme logo)Yes (£1,000)NoYesNo
Regulation 24(1)(b) (requirement for deposit item to carry scheme return code)Yes (£1,000)NoYesNo
Regulation 24(2) (requirement for scheme multipack to carry scheme packaging logo)Yes (£1,000)NoYesNo
Regulation 25(1) (prohibition on supply of a registered low volume product carrying a scheme logo or scheme return code)Yes (£1,000)NoYesNo
Regulation 26(1) or (6) (requirement to provide or display, or provide for display, the Scheme information)Yes (£1,000)NoYesNo
Regulation 27(1) (requirement to provide or display, or provide for display, the LVP information)Yes (£500)NoYesNo
Regulation 28(1) (requirement to charge a deposit), where the scheme supplier is a scheme retailerYes (£1,000)NoYesNo
Regulation 28(1), where the scheme supplier is not a scheme retailerNoYesYesYes
Regulation 29(1) (requirement to display opt-out information)Yes (£500)NoYesNo
Providing information in response to a DMO instruction under regulation 30 where— (a) the person providing the information knows it to be inaccurate, false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular, or (c) the person providing the information knows it to be incomplete in a material particular.NoYesYesYes
Return of returnable items

Regulation 34(1)

(requirement to operate a return point)
Yes (£1,000)NoYesNo
Regulation 34(4) and (5) and Schedule 2 (requirement to register, or renew registration, with the deposit management organisation as a mandatory return point operator)NoYesYesYes
Providing information under paragraph 2, or 4 of Schedule 2 where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.NoYesYesYes
Failure to provide information under paragraph 7 of Schedule 3 (return point exemption: duty to notify deposit management organisation of change of circumstances.NoYesYesYes
Providing information under paragraph 2, 7 or 9 of Schedule 3 where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.NoYesYesYes
Regulation 36(1) (requirement to display information where no return point is operated)Yes (£500)NoYesNo
Regulation 40 (requirement to display information at a return point)Yes (£500)NoYesNo
Regulation 41 (requirement to be a scheme retailer and registered in order to provide a take-back service)Yes (£1,000)NoYesNo
Regulation 42(1) or (5) (requirement to provide or display information about a take-back service)Yes (£500)NoYesNo
Providing information in an application under paragraph 2 or 5 of Schedule 4, where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.NoYesYesYes
Paragraph 8 of Schedule 4 (duty to notify the deposit management organisation of a change in information)NoYesYesYes
Regulation 47(1), (2) or (3) (b) (requirements as to the payment of the total return amount)Yes (£500)NoYesNo
Regulation 48 (requirement to retain returnable items)Yes (£1,000)NoYesNo
Regulation 49 (requirement to retain or return returnable items)Yes (£1,000)NoYesYes
The deposit management organisation
Regulation 51(3) (requirement to comply with conditions of appointment)NoYesYesYes
Regulation 52(1) (requirement to act in accordance with operational plan)NoYesYesYes
Regulation 53(1) (requirement to submit annual report)NoYesYesYes
Regulation 54(1) (requirement to establish and maintain a reserve fund)NoYesYesYes
Regulation 55 (scheme logo and scheme packaging logo: requirement to issue)NoYesYesYes
Regulation 56 (publication of scheme logo and scheme packaging logo)NoYesYesYes
Regulation 57 (scheme return code)NoYesYesYes
Regulation 66(1) (requirement to collect returnable items etc. from return point operators etc.)NoYesYesYes
Regulation 66(2) (requirement to pay sums for returnable items)NoYesYesYes
Regulation 68 (requirement to recycle or make arrangements for recycling of in-scope material from refund items)NoYesYesYes
Regulation 69 (requirement to make arrangements for the recycling of in-scope material from items other than refund items)NoYesYesYes
Regulation 71 (requirement to pay NEA costs)NoYesYesYes
Regulation 72 (information about returns data) NoYesYesYes
Failure, without reasonable excuse, to comply with the obligation in regulation 81 (collection targets).NoYesYesYes
Matters connected with enforcement
Regulation 85(3) (requirement to comply with an information notice), where the notice is given by a local weights and measures authorityYes (£500)NoYesNo
Providing information to a local weights and measures authority in response to an information notice under regulation 85 where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.Yes (£500)NoYesNo
Regulation 85(3) (requirement to comply with an information notice), where the notice is given by a national enforcement authorityNoYesYesYes
Providing information to a national enforcement authority under regulation 85 where — (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.NoYesYesYes
Regulation 86(1) (obstructing or failing to assist an authorised person), where the authorised person was appointed by a local weights and measures authorityYes (£1,000)NoYesNo
Regulation 86 (1) (obstructing or failing to assist an authorised person), where the authorised person was appointed by DAERA or the Environment AgencyNoYesYesYes