Regulation 3 Relevant Offences

Any offence is a relevant offence for the purposes of section 74(3)(a) if it is an offence under any of the following enactments—

(a)

section 3, 5(6), 18(2), 92(6) or 93(3) of the Control of Pollution Act 1974;

(b)

section 2 of the Refuse Disposal (Amenity) Act 1978^f1;

(c)

section 9(1) of the Food and Environment Protection Act 1985^f2;

(d)

section 1, 5, 6(9) or 7(3) of the Control of Pollution (Amendment) Act 1989^f3;

(e)

section 23(1), 33, 34(6), 44, 47(6), 57(5), 59(5), 63(2), 71(3) or 80(4);

(f)

section 33 of the Clean Air Act 1993^f4;

(g)

the Special Waste Regulations 1996;

(h)

regulation 30(1) of the 2000 Regulations;

(i)

regulation 19(1) of the 2003 Regulations;

(j)

regulation 40(1) of the 2005 Regulations;

(k)

regulation 73 of the Waste Electrical and Electronic Equipment Regulations 2006^f5;

(l)

the Transfrontier Shipment of Waste Regulations 2007^f6;

(m)

regulation 42 of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008^f7;

(n)

regulation 89 of the Waste Batteries and Accumulators Regulations 2009^f8;

(o)

regulation 10(6), 11(7), 12(5) or 18(4) of the Environmental Liability (Scotland) Regulations 2009^f9;

(p)

section 39(1) of the Marine (Scotland) Act 2010^f10; and

(q)

regulation 44(1) of the 2011 Regulations.

Annotations

f1: 1978 c.3, as relevantly amended by the Criminal Procedure (Scotland) Act 1975 (c.21) section 289E; the Roads (Scotland) Act 1984 (c.54) section 157(2) and Schedule 9 paragraph 78(2) and the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40) Schedule 4 paragraph 15.
f2: 1985 c.48, as relevantly amended by the 1990 Act section 146(4).
f3: 1989 c.14, as relevantly amended by the 1990 Act Schedule 15 paragraph 31(2).
f4: 1993 c.11, to which there are amendments not relevant to these Regulations.
f5: S.I. 2006/3289, as relevantly amended by S.I. 2007/3454 Schedule 1 paragraph 28.
f6: S.I. 2007/1711, as relevantly amended by S.I. 2008/9 regulations 4 and 5 and S.I. 2010/265 Part 3 regulation 8.
f7: S.I. 2008/3257, as relevantly amended by S.I. 2010/897 regulation 2(13) and (15).
f8: S.I. 2009/890.
f9: S.S.I. 2009/266.
f10: 2010 asp 5.