# The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2026, Note: 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Regulation (Enforcement Measures) (Scotland) Amendment Order 2023 as those amendments to the 2015 Order are superseded by the provisions in article 2(2) of this Order.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/note (the official version)
Page: https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-amendment-order-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.