# The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2023, Article 2: Amendment of the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015


(1) The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 is amended in accordance with paragraphs (2) and (3).
(2) In the table in schedule 4 (relevant offences and fixed penalty amounts), under the heading Deposit Return Scheme for Scotland Regulations 2020, after the fifth row (Regulation 31(1)(e) (contravention of regulations 5(3) (requirement to communicate certain information when marketing, offering for sale or selling a scheme article))), insert (as a new row and in the appropriate columns)—
Regulation 31(1)(f) (contravention of regulation 5(3A) (requirement to communicate certain information when marketing, offering for sale, or selling a non-scheme article to a purchaser other than a consumer))
YES
YES
YES
MEDIUM
(3) At the end of the table in schedule 4, after the final row insert (as new rows and in the appropriate columns)—
The Packaging Waste (Data Reporting) (Scotland) Regulations 2023
Regulation 28(1) (contravention of regulation 14(3) (incapacity reporting obligation))
YES
YES
YES
LOW
Regulation 28(2)(a) (contravention of regulation 16 (data collection obligations))
YES
YES
YES
MEDIUM
Regulation 28(2)(b) (contravention of regulation 17 (data reporting obligations))
YES
YES
YES
MEDIUM
Regulation 28(2)(c) (contravention of regulation 18 (notification of winding-up, receivership, administration etc.)
YES
YES
YES
LOW
Regulation 28(3)(a) (contravention of regulation 20(1) (data reporting obligations))
YES
YES
YES
MEDIUM
Regulation 28(3)(b) (contravention of regulation 20(2) (data collection obligation))
YES
YES
YES
MEDIUM
Regulation 28(4)(a) (knowingly furnishing false or misleading information to SEPA)
YES
YES
YES
HIGH
Regulation 28(4)(b) (recklessly furnishing false or misleading information to SEPA)
YES
YES
YES
HIGH
Regulation 28(5) (failing to comply with any requirement imposed in a notice under regulation 23(3))
YES
YES
YES
MEDIUM
Regulation 28(6) (intentionally delaying or obstructing a person authorised by SEPA in the exercise of powers referred to in regulation 26)
YES
NO
NO
LOW

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Source: https://www.legislation.gov.uk/ssi/2023/69/article/2 (the official version)
Page: https://openlegislation.uk/environmental-regulation-enforcement-measures-scotland-amendment-order-2023/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.