# The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025, Article 2: Amendment of the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015


(1) The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 is amended in accordance with paragraph (2).
(2) At the end of the table in schedule 4 (relevant offences and fixed penalty amounts), after the final row insert (as new rows and in the appropriate columns)—
“
The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
Regulation 115(1)(a) (carrying on business as a producer without being registered as required by regulation 25(1)(a))
YES
YES
YES
MEDIUM
Regulation 115(1)(b) (failure to apply for registration by the date specified in regulation 28(1), (2) or (3))
YES
YES
YES
MEDIUM
Regulation 115(1)(c) (failure to keep records as required by regulation 25(1)(b))
YES
YES
YES
MEDIUM
Regulation 115(1)(d) (failure to report information as required by regulation 25(1)(c) or (d), or (3)(c))
YES
YES
YES
MEDIUM
Regulation 115(1)(e) (failure to report information as required by regulation 25(1)(c) or (d), or (3)(c) by the required date under regulation 35, 36, 37 or 38)
YES
YES
YES
MEDIUM
Regulation 115(3)(a) (failure to comply with producer’s recycling obligation under regulation 25(2)(a))
NO
YES
YES
NOT APPLICABLE
Regulation 115(3)(b) (failure to keep evidence as required by regulation 25(2)(b))
YES
YES
YES
MEDIUM
Regulation 115(3)(c) (failure to furnish a certificate of compliance as required by regulation 25(2)(c))
YES
YES
YES
LOW
Regulation 115(4) (failure of a registered producer to comply with a condition of registration in regulation 31(b) or (c))
YES
YES
YES
MEDIUM
Regulation 116(a) (operating a compliance scheme without registering under regulation 43(1)(b) and 51(1))
YES
YES
YES
MEDIUM
Regulation 116(b) (breach of a condition of a compliance scheme’s registration in regulation 53)
YES
YES
YES
MEDIUM
Regulation 116(c) (failure to carry out the obligation to apply for the registration of a compliance scheme member under regulation 43(3)(a))
YES
YES
YES
MEDIUM
Regulation 116(d) (failure to make an application for registration of a compliance scheme member by the required date under regulation 44(1)(a))
YES
YES
YES
MEDIUM
Regulation 116(e) (failure to report information as required in relation to a compliance scheme member under regulations 43(3)(b) and 44(2))
YES
YES
YES
MEDIUM
Regulation 116(f) (failure to report information in relation to a member of a compliance scheme under regulations 43(3)(b) and 44(2) by the required date under regulations 35, 36, 37 or 38)
YES
YES
YES
MEDIUM
Regulation 116(g) (failure to carry out the recycling obligations under regulation 43(3)(c) and 44(3))
YES
YES
YES
MEDIUM
Regulation 116(h) (failure to keep records and make returns to SEPA as required by regulations 43(6)(a) and 55)
YES
YES
YES
MEDIUM
Regulation 116(i) (failure to submit a statement of compliance to SEPA as required by regulation 56)
YES
YES
YES
LOW
Regulation 116(j) (failure to give notice as required under regulations 49(5) or 54(4))
YES
YES
YES
MEDIUM
Regulation 117(1)(a) (operating a reprocessing site for a category of packaging waste without being registered with SEPA in accordance with regulation 85)
YES
YES
YES
MEDIUM
Regulation 117(1)(b) (exporting a category of packaging waste without being registered with SEPA in accordance with regulation 86)
YES
YES
YES
MEDIUM
Regulation 117(2)(a) (failure to comply with a condition of registration in regulation 88)
YES
YES
YES
MEDIUM
Regulation 117(2)(b) (contravention of a requirement in regulation 91 or in Part 2 of schedule 8)
YES
YES
YES
MEDIUM
Regulation 117(3)(a) (issuing a PRN otherwise in accordance with regulation 92(1))
YES
YES
YES
MEDIUM
Regulation 117(3)(b) (issuing a PERN otherwise than in accordance with regulation 92(2))
YES
YES
YES
MEDIUM
Regulation 117(3)(c) (knowingly or recklessly issuing a PRN or PERN pursuant to false or misleading information)
YES
YES
YES
HIGH
Regulation 117(4) (failure to comply with a condition of accreditation to issue PRNs or PERNs in regulation 98 or Part 3 of schedule 8)
YES
YES
YES
MEDIUM
Regulation 118(1) (knowingly or recklessly providing false or misleading information to SEPA in connection with its functions under the Regulations, or to a scheme operator in respect of any information referred to in regulation 45(1))
YES
YES
YES
HIGH
Regulation 118(2) (failing without reasonable excuse, to comply with any requirement imposed in a notice under regulation 110(1) or to give an officer any assistance or information reasonably required in connection with the exercise of their powers under regulation 112)
YES
YES
YES
MEDIUM
Regulation 118(3) (intentionally delaying or obstructing an authorised person carrying out monitoring under regulation 109, or in the exercise of their powers under regulation 112)
YES
NO
NO
LOW
Regulation 118(4) (failure of a holding company to comply with reporting, record-keeping or recycling obligations under paragraph 5(1)(b) or (c) or (2)(a) of schedule 9)
YES
YES
YES
MEDIUM
Regulation 118(4) (failure of a holding company to comply with the certification obligation in paragraph 5(2)(b) of schedule 9)
YES
YES
YES
LOW
Regulation 118(5) (failure to comply with a compliance notice imposed under regulation 121)
YES
YES
YES
MEDIUM
”

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111062906/article/2 (the official version)
Page: https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-amendment-order-2025/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.