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

Draft 2026, ISBN 9780111067246

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

Made under: Regulatory Reform (Scotland) Act 2014 (Section 20, Section 23, Section 27, Section 58)

PDFs: Printed copy https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-amendment-order-2026/pdf/sdsi_9780111067246_en.pdf; Draft Policy Note https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-amendment-order-2026/pdf/sdsipn_9780111067246_en_001.pdf

## Introductory text

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 2014 and all other powers enabling them to do so.
In accordance with section 58(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

## 1 Citation 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.

## 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 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
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))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
LOW
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))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
LOW
Regulation 31(1)(e) (failure to communicate certain information when marketing, offering for sale or selling a non-scheme article under regulation 5(3))
YES
YES
YES
LOW
Regulation 31(1)(f) (failure to communicate certain information when marketing, offering for sale or selling a non-Scottish article under regulation 5(3A))
YES
YES
YES
LOW
Regulation 31(1)(g) (failure to comply with requirement to ensure scheme article carries scheme logo and scheme return code under regulation 5(3B))
YES
YES
YES
MEDIUM
Regulation 31(1)(h) (failure to comply with requirement to ensure scheme article in multipack carries scheme multipack logo under regulation 5(3C))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
MEDIUM
Regulation 31(2) (offences in relation to knowingly or recklessly supplying of false information)
YES
YES
YES
HIGH
Regulation 31(3) (failure to comply under regulation 10(4) with certain requirements on a producer whose registration has been cancelled)
YES
YES
YES
MEDIUM
Regulation 31(4)(a) (failure by registered producer to comply with requirement to notify material change of information under regulation 10(1)(a))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
MEDIUM
Regulation 31(4)(e)(failure by registered producer to comply with requirement to notify ceasing to be a producer under regulation 10(3))
YES
YES
YES
MEDIUM
Regulation 31(4)(f) (failure by registered producer to comply with requirement to pay registration fees to scheme administrator under regulation 11(1)(a))
YES
YES
YES
HIGH
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))
YES
YES
YES
HIGH
Regulation 31(7)(a) (failure by scheme administrator to operate in accordance with approved operational plan under regulation 16(1))
YES
YES
YES
HIGH
Regulation 31(7)(b) (failure by scheme administrator to submit annual report under regulation 16(2))
YES
YES
YES
HIGH
Regulation 31(7)(c) (failure by scheme administrator to meet minimum collection targets under regulation 16(5))
NO
YES
YES
NOT APPLICABLE
Regulation 31(7)(d) (failure by scheme administrator to comply with the obligations to collect scheme packaging under regulation 16A(1))
YES
YES
YES
HIGH
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)
YES
YES
YES
HIGH
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)
YES
YES
YES
HIGH
Regulation 31(7A) (failure by scheme administrator to comply with request for payment from SEPA under regulation 30A)
YES
YES
YES
HIGH
Regulation 31(8)(a) (failure by groceries retailer to comply with requirement to operate return point under regulation 19(2))
YES
YES
YES
MEDIUM
Regulation 31(8)(b) (failure by groceries retailer to comply with requirement to be registered under regulation 19(3)(a))
YES
YES
YES
MEDIUM
Regulation 31(8)(c) (failure by groceries retailer to comply with requirement to notify material change of information under regulation 20ZA(4)(b))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
LOW
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))
YES
YES
YES
MEDIUM
Regulation 31(8A)(a) (failure by groceries retailer to comply with requirement to display information about redeeming deposit under regulation 19(3)(b))
YES
YES
YES
LOW
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))
YES
YES
YES
MEDIUM
Regulation 31(8B) (failure by retailer to comply with requirement to display information under regulation 19(4) about redeeming deposit)
YES
YES
YES
LOW
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))
YES
YES
YES
LOW
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))
YES
YES
YES
MEDIUM
Regulation 31(9)(b) (failure by return point operator to comply with requirement to display certain information under regulation 20(3))
YES
YES
YES
LOW
Regulation 31(9A) (failure by takeback service provider to comply with requirement to register with scheme administrator under regulation 21(1))
YES
YES
YES
MEDIUM
Regulation 31(9B)(za) (failure by takeback service provider to comply with requirement to notify material change of information under regulation 21(6))
YES
YES
YES
MEDIUM
Regulation 31(9B)(a) (failure by takeback service provider to comply with requirement to pay deposit under regulation 21(7))
YES
YES
YES
MEDIUM
Regulation 31(9B)(b) (failure by takeback service provider to comply with requirement to retain scheme packaging or returnable packaging under regulation 21(9))
YES
YES
YES
MEDIUM
Regulation 31(9C) (failure by voluntary return point operator to comply with requirement to register with scheme administrator under regulation 25(1))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
MEDIUM
Regulation 31(11) (obstruction of, or failure to assist, an authorised person exercising enforcement powers under regulation 30(4))
YES
NO
NO
LOW
Regulation 31(12) (failure to comply with a notice under regulation 30(4)(l))
YES
YES
YES
LOW
”.
(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
Regulation 15(2)(a) (failure to comply with specified steps under regulation 4(3))
YES
YES
YES
MEDIUM
Regulation 15(2)(b) (failure to comply with requirement to notify outage under regulation 6(2)(a))
YES
YES
YES
MEDIUM
Regulation 15(2)(c) (failure to comply with requirement to make written record during outage under regulation 6(2)(b))
YES
YES
YES
MEDIUM
Regulation 15(2)(d) (failure to comply with requirement to enter written record into digital waste tracking system under regulation 6(2)(c))
YES
YES
YES
MEDIUM
Regulation 15(2)(e) (failure to comply with requirement to retain and make available outage written record under regulation 6(3)(b))
YES
YES
YES
MEDIUM
Regulation 15(2)(f) (failure to comply with requirement to correct digital waste record under regulation 7(2))
YES
YES
YES
MEDIUM
Regulation 15(2)(g) (failure to comply with requirement to make a written record under regulation 8(3)(b)(i))
YES
YES
YES
MEDIUM
Regulation 15(2)(h) (failure to comply with requirement to record digitally excluded number in written record under regulation 8(3)(b)(ii))
YES
YES
YES
LOW
Regulation 15(2)(i) (failure to comply with requirement to apply for digitally excluded number under regulation 9(1))
YES
YES
YES
MEDIUM
Regulation 15(2)(j) (failure to comply with requirement to give notice of ceasing to be digitally excluded person under regulation 10(1))
YES
YES
YES
MEDIUM
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))
YES
YES
YES
LOW
Regulation 15(2)(l) (failure to comply with requirement to retain and make available written record under regulation 12)
YES
YES
YES
MEDIUM
Regulation 15(3) (failure to comply with compliance notice imposed under regulation 18)
YES
YES
YES
MEDIUM
Regulation 15(4)(a) (offence in relation to knowingly or recklessly making false or misleading statement )
YES
YES
YES
HIGH
Regulation 15(4)(b) (offence in relation to intentionally making a false entry in any record)
YES
YES
YES
HIGH
Regulation 15(4)(c) (offence in relation to knowingly or recklessly providing false or misleading information to SEPA)
YES
YES
YES
HIGH
”.

## 3 Revocation

The following are revoked—
(a) the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2020,
(b) article 2(2) of the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2023.

## 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.

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111067246 (the official version)
Page: https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-amendment-order-2026
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.