{
  "url": "https://openlegislation.uk/environmental-protection-single-use-vapes-wales-regulations-2024/schedule/paragraph-1",
  "json_url": "https://openlegislation.uk/environmental-protection-single-use-vapes-wales-regulations-2024/schedule/paragraph-1.json",
  "legislation": "wsi/2024/1324",
  "legislation_title": "The Environmental Protection (Single-use Vapes) (Wales) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/environmental-protection-single-use-vapes-wales-regulations-2024",
  "path": "schedule/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Imposition of a fixed monetary penalty, a variable monetary penalty or a compliance notice",
  "text": "(1) In relation to an offence under Part 2 of these Regulations, a regulator may, subject to sub-paragraph (2), by notice impose a requirement on a person to—\n(a) pay the regulator a penalty of £200 (a “fixed monetary penalty”),\n(b) pay the regulator a monetary penalty of such amount as the regulator may determine (a “variable monetary penalty”), or\n(c) take such steps as the regulator may specify, within such period as it may specify, to secure that the offence does not continue or recur, or to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed (a “compliance notice”).\n(2) Before so imposing a requirement under sub-paragraph (1), the regulator must be satisfied beyond reasonable doubt that the person has committed the offence.\n(3) Where a variable monetary penalty is imposed in relation to an offence under regulation 5 (obstruction of enforcement officers and failure to comply with their requests), the amount of the penalty must not exceed the maximum amount of the fine that could be imposed upon conviction of that offence.\n(4) A requirement under sub-paragraph (1)(a) may not be imposed where a variable monetary penalty has been imposed, or a compliance notice or stop notice has been served, on a person in relation to the same act or omission.\n(5) A requirement under sub-paragraph (1)(b) or (1)(c) may not be imposed where a fixed monetary penalty has been imposed on a person in relation to the same act or omission, or the person has discharged liability to a fixed monetary penalty in relation to the same act or omission.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. para. 1 in force at 1.6.2025, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2024/1324/schedule/paragraph/1",
    "retrieved_at": "2026-10-28T22:59:10.113428+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}