| Scheme producers | | | | |
|---|
| Regulation 11 and Part 1 of Schedule 1 (registration) | No | Yes | Yes | Yes |
| Regulation 13(1)(a) or (b) (requirement to make or keep records) | No | Yes | Yes | Yes |
| 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. | No | Yes | Yes | Yes |
| 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. | No | Yes | Yes | Yes |
| Regulation 21 (requirement to pay a producer registration fee) | No | Yes | Yes | Yes |
| Regulation 22 (requirement to pay deposits to the deposit management organisation) | No | Yes | Yes | Yes |
| Scheme suppliers | | | | |
|---|
| Regulation 23 (prohibition on supply of items from a scheme producer not registered with the deposit management organisation) | Yes (£1,000) | No | Yes | No |
| Regulation 24(1)(a) (requirement for deposit item to carry scheme logo) | Yes (£1,000) | No | Yes | No |
| Regulation 24(1)(b) (requirement for deposit item to carry scheme return code) | Yes (£1,000) | No | Yes | No |
| Regulation 24(2) (requirement for scheme multipack to carry scheme packaging logo) | Yes (£1,000) | No | Yes | No |
| Regulation 25(1) (prohibition on supply of a registered low volume product carrying a scheme logo or scheme return code) | Yes (£1,000) | No | Yes | No |
| Regulation 26(1) or (6) (requirement to provide or display, or provide for display, the Scheme information) | Yes (£1,000) | No | Yes | No |
| Regulation 27(1) (requirement to provide or display, or provide for display, the LVP information) | Yes (£500) | No | Yes | No |
| Regulation 28(1) (requirement to charge a deposit), where the scheme supplier is a scheme retailer | Yes (£1,000) | No | Yes | No |
| Regulation 28(1), where the scheme supplier is not a scheme retailer | No | Yes | Yes | Yes |
| Regulation 29(1) (requirement to display opt-out information) | Yes (£500) | No | Yes | No |
| 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. | No | Yes | Yes | Yes |
| Return of returnable items | | | | |
|---|
Regulation 34(1) (requirement to operate a return point) | Yes (£1,000) | No | Yes | No |
| 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) | No | Yes | Yes | Yes |
| 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. | No | Yes | Yes | Yes |
| Failure to provide information under paragraph 7 of Schedule 3 (return point exemption: duty to notify deposit management organisation of change of circumstances. | No | Yes | Yes | Yes |
| 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. | No | Yes | Yes | Yes |
| Regulation 36(1) (requirement to display information where no return point is operated) | Yes (£500) | No | Yes | No |
| Regulation 40 (requirement to display information at a return point) | Yes (£500) | No | Yes | No |
| Regulation 41 (requirement to be a scheme retailer and registered in order to provide a take-back service) | Yes (£1,000) | No | Yes | No |
| Regulation 42(1) or (5) (requirement to provide or display information about a take-back service) | Yes (£500) | No | Yes | No |
| 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. | No | Yes | Yes | Yes |
| Paragraph 8 of Schedule 4 (duty to notify the deposit management organisation of a change in information) | No | Yes | Yes | Yes |
| Regulation 47(1), (2) or (3) (b) (requirements as to the payment of the total return amount) | Yes (£500) | No | Yes | No |
| Regulation 48 (requirement to retain returnable items) | Yes (£1,000) | No | Yes | No |
| Regulation 49 (requirement to retain or return returnable items) | Yes (£1,000) | No | Yes | Yes |
| The deposit management organisation | | | | |
|---|
| Regulation 51(3) (requirement to comply with conditions of appointment) | No | Yes | Yes | Yes |
| Regulation 52(1) (requirement to act in accordance with operational plan) | No | Yes | Yes | Yes |
| Regulation 53(1) (requirement to submit annual report) | No | Yes | Yes | Yes |
| Regulation 54(1) (requirement to establish and maintain a reserve fund) | No | Yes | Yes | Yes |
| Regulation 55 (scheme logo and scheme packaging logo: requirement to issue) | No | Yes | Yes | Yes |
| Regulation 56 (publication of scheme logo and scheme packaging logo) | No | Yes | Yes | Yes |
| Regulation 57 (scheme return code) | No | Yes | Yes | Yes |
| Regulation 66(1) (requirement to collect returnable items etc. from return point operators etc.) | No | Yes | Yes | Yes |
| Regulation 66(2) (requirement to pay sums for returnable items) | No | Yes | Yes | Yes |
| Regulation 68 (requirement to recycle or make arrangements for recycling of in-scope material from refund items) | No | Yes | Yes | Yes |
| Regulation 69 (requirement to make arrangements for the recycling of in-scope material from items other than refund items) | No | Yes | Yes | Yes |
| Regulation 71 (requirement to pay NEA costs) | No | Yes | Yes | Yes |
| Regulation 72 (information about returns data) | No | Yes | Yes | Yes |
| Failure, without reasonable excuse, to comply with the obligation in regulation 81 (collection targets). | No | Yes | Yes | Yes |
| 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 authority | Yes (£500) | No | Yes | No |
| 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) | No | Yes | No |
| Regulation 85(3) (requirement to comply with an information notice), where the notice is given by a national enforcement authority | No | Yes | Yes | Yes |
| 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. | No | Yes | Yes | Yes |
| Regulation 86(1) (obstructing or failing to assist an authorised person), where the authorised person was appointed by a local weights and measures authority | Yes (£1,000) | No | Yes | No |
| Regulation 86 (1) (obstructing or failing to assist an authorised person), where the authorised person was appointed by DAERA or the Environment Agency | No | Yes | Yes | Yes |