{
  "url": "https://openlegislation.uk/waste-separation-requirements-wales-regulations-2023/schedule-2/paragraph-11",
  "json_url": "https://openlegislation.uk/waste-separation-requirements-wales-regulations-2023/schedule-2/paragraph-11.json",
  "legislation": "wsi/2023/1290",
  "legislation_title": "The Waste Separation Requirements (Wales) Regulations 2023",
  "legislation_url": "https://openlegislation.uk/waste-separation-requirements-wales-regulations-2023",
  "path": "schedule/2/paragraph/11",
  "kind": "paragraph",
  "number": "11",
  "heading": "Imposition of a variable monetary penalty",
  "text": "(1) The regulator may by notice impose a monetary penalty on a person requiring that person to pay such amount to the regulator as the regulator may determine (“variable monetary penalty”) in relation to an offence under section 45AA(8) of the 1990 Act.\n(2) Before doing so, 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 that is—\n(a) triable summarily only, and\n(b) punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment),\nthe amount of the variable monetary penalty must not exceed the maximum amount (if any) of that fine.\n(4) Before serving a notice relating to a variable monetary penalty on a person, the regulator may require the person to provide such information as is reasonable for the purpose of establishing the amount of any financial benefit arising as a result of the offence.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 11 in force at 6.4.2024, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2023/1290/schedule/2/paragraph/11",
    "retrieved_at": "2026-10-28T23:02:20.738684+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."
}