# The Environmental Protection (Single-use Vapes) (England) Regulations 2024, Paragraph 4: Final notice


(1) After the end of the period for making representations and objections, the regulator must decide whether—
(a) to impose the requirements in the notice of intent, with or without modifications; or
(b) to impose any other requirement that the regulator has power to impose under this Part.
(2) The regulator must inform the person concerned of its decision and, where the regulator decides to impose any requirement referred to in sub-paragraph (1), must do so by serving a final notice in accordance with—
(a) paragraph 5, in the case of a fixed monetary penalty, or
(b) paragraph 6, in the case of a compliance notice.
(3) The regulator may not impose a final notice on a person where the regulator is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the notice relates.
(4) The regulator must take into account any third party undertaking that it accepts in deciding whether or not to serve a final notice.

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Source: https://www.legislation.gov.uk/ukdsi/2024/9780348264647/schedule/paragraph/4 (the official version)
Page: https://openlegislation.uk/draft-environmental-protection-single-use-vapes-england-regulations-2024/schedule/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.