# The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, Paragraph 2: Modifications to the 1997 Order


(1) In this paragraph, “the 1997 Order” has the meaning given in regulation 113(2).
(2) For the purposes of regulation 113, the provisions of Article 72 of, and Schedule 4 to, the 1997 Order referred to in regulation 113 are to be read with the modifications in sub-paragraphs (3) to (8).
(3) Those provisions are to be read as if—
(a) references to an authorised person were references to a person authorised under regulation 113(1);
(b) references to an enforcing authority were references to DAERA.
(4) Article 72(2) is to be read as if—
(a) in paragraph (a), the words “(or, in an emergency, at any time and, if need be, by force)” were omitted;
(b) paragraphs (d) and (g) were omitted;
(c) in paragraph (f)—
(i) the reference to articles or substances in relation to which samples may be taken were to packaging, packaging materials and packaging waste;
(ii) the power in that paragraph to take samples of the air, water or land in, on, or in the vicinity of, the premises were omitted;
(d) in paragraph (h)—
(i) the reference to any article or substance as is mentioned in paragraph (g) were to any sample of packaging, packaging materials or packaging waste taken under Article 72(2)(f) as modified by paragraph (c) above;
(ii) in sub-paragraph (iii)—
(aa) the references to an offence were to an offence under regulation 115;
(bb) for the words from “a variation notice” to the end, there were substituted “the imposition of a civil sanction under regulation 121 of the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024”;
(e) in paragraph (j)—
(i) references to records were to the records and returns required to be kept and provided to the appropriate agency under these Regulations, or under the 2023 Data Regulations;
(ii) references to information recorded in computerised form included any information recorded electronically.
(5) Article 72(4) is to be read as if the words “Except in an emergency,” and “or to take heavy equipment on to any premises which are to be entered,” were omitted.
(6) Article 72(5) is to be read as if the words “Except in an emergency,” were omitted.
(7) Paragraphs 2 to 5 of Schedule 4 are to be read as if—
(a) any reference to an authorised person were to a person authorised in writing by DAERA to exercise on its behalf any power conferred by regulation 113;
(b) any reference to a relevant power were to a power conferred by regulation 113.
(8) Paragraph 5 of Schedule 4 is to be read as if any reference to Article 72(2)(a) or (b) or (3) of the 1997 Order were to regulation 113.

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Source: https://www.legislation.gov.uk/ukdsi/2024/9780348264654/schedule/12/paragraph/2 (the official version)
Page: https://openlegislation.uk/draft-producer-responsibility-obligations-packaging-and-packaging-waste-regulations-2024/schedule-12/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.