Regulation 115 Offences: producers

(1)

It is an offence for a producer to whom regulation 25(1) applies—

(a)

to carry on business as a producer without being registered, at any time at which the producer is required by regulation 25(1)(a) to be registered;

(b)

to fail to apply to the appropriate agency for registration by the date specified in regulation 28(1), (2) or (3), as applicable;

(c)

to fail to keep records as required by regulation 25(1)(b); or

(d)

to fail to report information which the producer is required to report by regulation 25(1)(c) or, where it applies to the producer, regulation 25(1)(d) or (3)(c);

(e)

to fail to make a report of any of the information referred to in sub-paragraph (d) by the date on which that report is required to be made under regulation 35, 36, 37 or 38.

(2)

Paragraph (1)(a) and (b) do not apply in respect of any period during which, under regulation 30(2)(c), the producer is treated as having been registered.

(3)

It is an offence for a producer to whom regulation 25(2) applies to fail—

(a)

to comply with the producer’s recycling obligation referred to in regulation 25(2)(a);

(b)

to keep evidence as required by regulation 25(2)(b);

(c)

to furnish a certificate of compliance as required by regulation 25(2)(c).

(4)

A registered producer who does not comply with a condition of registration in regulation 31(b) or (c) (provision of information to the appropriate agency) commits an offence.