{
  "url": "https://openlegislation.uk/waste-separation-requirements-wales-regulations-2023/schedule-2/paragraph-25",
  "json_url": "https://openlegislation.uk/waste-separation-requirements-wales-regulations-2023/schedule-2/paragraph-25.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/25",
  "kind": "paragraph",
  "number": "25",
  "heading": "Guidance as to use of civil sanctions",
  "text": "(1) Where these Regulations confer power on the regulator to impose a civil sanction—\n(a) the regulator must publish guidance about its use of the sanction;\n(b) in the case of guidance relating to a fixed monetary penalty or variable monetary penalty, the guidance must contain the relevant information;\n(c) the regulator must revise the guidance where appropriate;\n(d) the regulator must have regard to the guidance or revised guidance in exercising its functions.\n(2) In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (1)(b) is information as to—\n(a) the circumstances in which the penalty is likely to be imposed,\n(b) the circumstances in which the penalty must not be imposed,\n(c) the amount of the penalty,\n(d) how liability for the penalty may be discharged and the effect of discharge, and\n(e) rights to make representations and objections and rights of appeal.\n(3) In the case of guidance relating to a variable monetary penalty, the relevant information referred to in sub-paragraph (1)(b) is information as to—\n(a) the circumstances in which the penalty is likely to be imposed,\n(b) the circumstances in which the penalty must not be imposed,\n(c) the matters likely to be taken into account by the regulator in determining the amount of the penalty (including voluntary reporting by any person of their own non-compliance), and\n(d) rights to make representations and objections and rights of appeal.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 25 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/25",
    "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."
}