# The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, Paragraph 13


(1) After the end of the period for making representations and objections, the enforcement agency must, after considering any representations or objections made within the 28 day period, decide whether to impose the variable monetary penalty in the notice of intent, with or without modifications.
(2) Where the contravention to which the notice of intent relates is a criminal offence, the enforcement agency may not serve a final notice on a person if the enforcement agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.

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Source: https://www.legislation.gov.uk/ukdsi/2024/9780348264654/schedule/13/paragraph/13 (the official version)
Page: https://openlegislation.uk/draft-producer-responsibility-obligations-packaging-and-packaging-waste-regulations-2024/schedule-13/paragraph-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.