Explanatory note

These Regulations are made under section 17 of the Environmental Protection (Single-use Plastic Products) (Wales) Act 2023. They enable a local authority, as regulator, to impose civil sanctions in relation to the offence under section 5 of that Act.

The civil sanctions are fixed monetary penalties, variable monetary penalties, compliance notices, stop notices and enforcement undertakings (regulation 3).

The Regulations make provision for the procedure relating to fixed monetary penalties (Schedule 1), variable monetary penalties, compliance notices and third party undertakings (Schedule 2), stop notices (Schedule 3) and enforcement undertakings (Schedule 4).

They permit the regulator to serve a non-compliance notice imposing a penalty in the event of non-compliance with a compliance notice or third party undertaking (regulation 7).

Under regulation 8 the regulator may serve an enforcement cost recovery notice in relation to investigation and administration costs incurred by the regulator, and the costs of the regulator in obtaining expert advice.

Regulation 10 sets out the appeal mechanism. Appeals are to the First-tier Tribunal.

Regulations 11 to 13 provide that guidance must be prepared and consulted on relating to the use of civil sanctions, and regulation 14 provides for publication of information on enforcement action taken by the regulator.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Environmental Protection Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.