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The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780111067246

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 58(3) of the Regulatory Reform (Scotland) Act 2014, for approval by resolution of the Scottish Parliament.

ENVIRONMENTAL PROTECTION

ENFORCEMENT

Made ***

Coming into force 2026

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 20(1), 23(1), 27(1) and 58(1) of the Regulatory Reform (Scotland) Act 2014f1 and all other powers enabling them to do so.

In accordance with section 58(3) of that Actf2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2014 asp 3.

f2

The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). This Order is subject to the affirmative procedure by virtue of section 33(3) of that Act.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2026 and comes into force on the day after the day on which it is made.

2Amendment of the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

(1)

The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015f1 is amended in accordance with paragraphs (2) and (3).

(2)

For the rows in the table in schedule 4 (relevant offences and fixed penalty amounts) under the heading “The Deposit and Return Scheme for Scotland Regulations 2020”, substitute (as new rows and in the appropriate columns)—

“

The Deposit and Return Scheme for Scotland Regulations 2020 f2

Regulation 31(1)(za) (failure to comply with requirement to register as producer to market, offer for sale or sell a low volume drink product under regulation 3A(1))YESYESYESMEDIUM
Regulation 31(1)(zb) (failure to communicate certain information when marketing, offering for sale or selling a low volume drink product under regulation 3A(3))YESYESYESLOW
Regulation 31(1)(a) (failure to comply with requirement to fulfil certain conditions in order to market, offer for sale or sell a scheme article under regulation 4(1))YESYESYESMEDIUM
Regulation 31(1)(b) (failure to comply with requirement to be registered producer to market, offer for sale or sell a scheme article under regulation 4(2))YESYESYESMEDIUM
Regulation 31(1)(c) (failure to comply with requirement to charge a deposit when marketing, offering for sale or selling a scheme article in Scotland under regulation 5(2)(a))YESYESYESMEDIUM
Regulation 31(1)(d) (failure to comply with requirement to display certain information when marketing, offering for sale or selling a scheme article under regulation 5(2)(b))YESYESYESLOW
Regulation 31(1)(e) (failure to communicate certain information when marketing, offering for sale or selling a non-scheme article under regulation 5(3))YESYESYESLOW
Regulation 31(1)(f) (failure to communicate certain information when marketing, offering for sale or selling a non-Scottish article under regulation 5(3A))YESYESYESLOW
Regulation 31(1)(g) (failure to comply with requirement to ensure scheme article carries scheme logo and scheme return code under regulation 5(3B))YESYESYESMEDIUM
Regulation 31(1)(h) (failure to comply with requirement to ensure scheme article in multipack carries scheme multipack logo under regulation 5(3C))YESYESYESMEDIUM
Regulation 31(1)(i) (failure to comply with requirement to ensure low volume drink product does not carry scheme logo, multipack logo or scheme return code under regulation 5(3D))YESYESYESMEDIUM
Regulation 31(1)(j) (failure to comply with requirement to ensure low volume drink product in multipack does not carry multipack logo under regulation 5(3F))YESYESYESMEDIUM
Regulation 31(2) (offences in relation to knowingly or recklessly supplying of false information)YESYESYESHIGH
Regulation 31(3) (failure to comply under regulation 10(4) with certain requirements on a producer whose registration has been cancelled)YESYESYESMEDIUM
Regulation 31(4)(a) (failure by registered producer to comply with requirement to notify material change of information under regulation 10(1)(a))YESYESYESMEDIUM
Regulation 31(4)(b) (failure by registered producer to comply with requirement to collect and keep records relating to scheme articles under regulation 10(1)(b))YESYESYESMEDIUM
Regulation 31(4)(c) (failure by registered producer to comply with requirement to provide records relating to scheme articles to scheme administrator under regulation 10(1)(c))YESYESYESMEDIUM
Regulation 31(4)(d) (failure by registered producer to comply with requirement to provide other information to the scheme administrator under regulation 10(1)(d))YESYESYESMEDIUM
Regulation 31(4)(e)(failure by registered producer to comply with requirement to notify ceasing to be a producer under regulation 10(3))YESYESYESMEDIUM
Regulation 31(4)(f) (failure by registered producer to comply with requirement to pay registration fees to scheme administrator under regulation 11(1)(a))YESYESYESHIGH
Regulation 31(4)(g) (failure by registered producer to comply with requirement to pay amount equivalent to deposits to scheme administrator under regulation 11(1)(b))YESYESYESHIGH
Regulation 31(7)(a) (failure by scheme administrator to operate in accordance with approved operational plan under regulation 16(1))YESYESYESHIGH
Regulation 31(7)(b) (failure by scheme administrator to submit annual report under regulation 16(2))YESYESYESHIGH
Regulation 31(7)(c) (failure by scheme administrator to meet minimum collection targets under regulation 16(5))NOYESYESNOT APPLICABLE
Regulation 31(7)(d) (failure by scheme administrator to comply with the obligations to collect scheme packaging under regulation 16A(1))YESYESYESHIGH
Regulation 31(7)(e) (failure by scheme administrator to comply with various obligations under regulation 16A(2) to (4) to pay deposit and handling payment)YESYESYESHIGH
Regulation 31(7)(f) (failure by scheme administrator to comply with the obligations in regulation 16B(1) to supply data to registered producers and SEPA)YESYESYESHIGH
Regulation 31(7A) (failure by scheme administrator to comply with request for payment from SEPA under regulation 30A)YESYESYESHIGH
Regulation 31(8)(a) (failure by groceries retailer to comply with requirement to operate return point under regulation 19(2))YESYESYESMEDIUM
Regulation 31(8)(b) (failure by groceries retailer to comply with requirement to be registered under regulation 19(3)(a))YESYESYESMEDIUM
Regulation 31(8)(c) (failure by groceries retailer to comply with requirement to notify material change of information under regulation 20ZA(4)(b))YESYESYESMEDIUM
Regulation 31(8)(d) (failure by groceries retailer exempted from operating return point to comply with requirement to display information under regulation 24(4)(a))YESYESYESLOW
Regulation 31(8)(e) (failure by groceries retailer exempted from operating return point to comply with requirement to notify material change of information under regulation 24(4)(b))YESYESYESMEDIUM
Regulation 31(8A)(a) (failure by groceries retailer to comply with requirement to display information about redeeming deposit under regulation 19(3)(b))YESYESYESLOW
Regulation 31(8A)(b) (failure by groceries retailer to comply with requirement to register to operate return point under regulation 20ZA(1)(a) or (b))YESYESYESMEDIUM
Regulation 31(8B) (failure by retailer to comply with requirement to display information under regulation 19(4) about redeeming deposit)YESYESYESLOW
Regulation 31(8C) (failure by hospitality retailer to comply with requirement to clearly display certain information when not charging deposit on scheme articles under regulation 19(4B))YESYESYESLOW
Regulation 31(9)(a) (failure by return point operator to comply with certain obligations in relation to return of scheme packaging and payment of deposit under regulation 20(2))YESYESYESMEDIUM
Regulation 31(9)(b) (failure by return point operator to comply with requirement to display certain information under regulation 20(3))YESYESYESLOW
Regulation 31(9A) (failure by takeback service provider to comply with requirement to register with scheme administrator under regulation 21(1))YESYESYESMEDIUM
Regulation 31(9B)(za) (failure by takeback service provider to comply with requirement to notify material change of information under regulation 21(6))YESYESYESMEDIUM
Regulation 31(9B)(a) (failure by takeback service provider to comply with requirement to pay deposit under regulation 21(7))YESYESYESMEDIUM
Regulation 31(9B)(b) (failure by takeback service provider to comply with requirement to retain scheme packaging or returnable packaging under regulation 21(9))YESYESYESMEDIUM
Regulation 31(9C) (failure by voluntary return point operator to comply with requirement to register with scheme administrator under regulation 25(1))YESYESYESMEDIUM
Regulation 31(10) (failure by registered voluntary return point operator to comply with requirement to notify material change of information under regulation 25(8)(b))YESYESYESMEDIUM
Regulation 31(11) (obstruction of, or failure to assist, an authorised person exercising enforcement powers under regulation 30(4))YESNONOLOW
Regulation 31(12) (failure to comply with a notice under regulation 30(4)(l))YESYESYESLOW

”.

(3)

At the end of the table in schedule 4, after the final row insert (as new rows and in the appropriate columns)—

“

The Digital Waste Tracking (Scotland) Regulations 2026 f3

Regulation 15(2)(a) (failure to comply with specified steps under regulation 4(3))YESYESYESMEDIUM
Regulation 15(2)(b) (failure to comply with requirement to notify outage under regulation 6(2)(a))YESYESYESMEDIUM
Regulation 15(2)(c) (failure to comply with requirement to make written record during outage under regulation 6(2)(b))YESYESYESMEDIUM
Regulation 15(2)(d) (failure to comply with requirement to enter written record into digital waste tracking system under regulation 6(2)(c))YESYESYESMEDIUM
Regulation 15(2)(e) (failure to comply with requirement to retain and make available outage written record under regulation 6(3)(b))YESYESYESMEDIUM
Regulation 15(2)(f) (failure to comply with requirement to correct digital waste record under regulation 7(2))YESYESYESMEDIUM
Regulation 15(2)(g) (failure to comply with requirement to make a written record under regulation 8(3)(b)(i))YESYESYESMEDIUM
Regulation 15(2)(h) (failure to comply with requirement to record digitally excluded number in written record under regulation 8(3)(b)(ii))YESYESYESLOW
Regulation 15(2)(i) (failure to comply with requirement to apply for digitally excluded number under regulation 9(1))YESYESYESMEDIUM
Regulation 15(2)(j) (failure to comply with requirement to give notice of ceasing to be digitally excluded person under regulation 10(1))YESYESYESMEDIUM
Regulation 15(2)(k) (failure to comply with requirement to give notice of ceasing to be digitally excluded person by deadline under regulation 10(2))YESYESYESLOW
Regulation 15(2)(l) (failure to comply with requirement to retain and make available written record under regulation 12)YESYESYESMEDIUM
Regulation 15(3) (failure to comply with compliance notice imposed under regulation 18)YESYESYESMEDIUM
Regulation 15(4)(a) (offence in relation to knowingly or recklessly making false or misleading statement )YESYESYESHIGH
Regulation 15(4)(b) (offence in relation to intentionally making a false entry in any record)YESYESYESHIGH
Regulation 15(4)(c) (offence in relation to knowingly or recklessly providing false or misleading information to SEPA)YESYESYESHIGH

”.

3Revocation

The following are revoked—

(a)

the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2020f1,

(b)

article 2(2) of the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2023f2.

Signature

Name

A member of the Scottish Government

St Andrew’s House

Edinburgh

Explanatory note

(This note is not part of the Order)

This Order amends the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 (“the 2015 Order”).

Article 2(2) substitutes offences under the Deposit and Return Scheme for Scotland Regulations 2020 as relevant offences under the 2015 Order; those offences come into force on 1 October 2027, apart from offences under regulation 30(7), (7A), (11) and (12) of those Regulations which come into force in relation to the scheme administrator on the same day as this Order.

Article 2(3) inserts new offences under the Digital Waste Tracking (Scotland) Regulations 2026 as relevant offences under the 2015 Order and those offences come into force on 1 January 2027.

The amendments made by this Order enable the Scottish Environment Protection Agency to impose civil enforcement measures on persons in relation to those offences.

Article 3 revokes the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2020 and article 2(2) of the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2023 as those amendments to the 2015 Order are superseded by the provisions in article 2(2) of this Order.