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

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111067246/article/2 (the official version)
Page: https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-amendment-order-2026/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.