The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023
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Change 1
SCHEDULE 2 Amendment of the Environmental Protection (Microbeads) (England) Regulations 2017
Regulation 14 1 The Environmental Protection (Microbeads) (England) Regulations 2017 are amended in accordance with paragraphs 2 to 6. 2 In regulation 2 (interpretation), after the definition of “enforcement undertaking” insert— “fixed monetary penalty” has the meaning given by paragraph 1(1)(a) of the Schedule; . 3 In regulation 9 (publication of enforcement action), in paragraph (1)(b), for “variable” substitute “fixed”. 4 In regulation 10 (guidance)— (a) in paragraph (2), for “variable” substitute “fixed”; (b) omit paragraph (3)(d). 5 Omit regulation 11 (additional guidance). 6 In the Schedule (Civil Sanctions)— (a) in the heading of Part 1, for “Variable” substitute “Fixed”; (b) in paragraph 1— (i) in the heading, for “variable” substitute “fixed”; (ii) for sub-paragraph (1)(a) substitute— (a) a requirement to pay to the regulator a penalty of £200 (a “fixed monetary penalty”) ; (iii) omit sub-paragraphs (4) and (5); (c) in paragraph 2— (i) for “variable” in each place that it occurs substitute “fixed”; (ii) after sub-paragraph (2) insert— (2A) A notice of intent to serve a fixed monetary penalty must also offer the person on whom the notice is served the opportunity to discharge their liability for the penalty by paying the sum of £100 to the regulator within 28 days beginning with the day on which the notice is received. (2B) A person’s liability to a fixed monetary penalty is discharged if the person pays the sum of £100 to the regulator within the time specified in sub-paragraph (2A). ; (iii) after sub-paragraph (3) insert— (4) Sub-paragraph (3) does not apply in relation to a notice of intent to serve a fixed monetary penalty if the person makes a payment in accordance with sub-paragraph (2B). ; (d) in paragraph 4— (i) in sub-paragraph (2), for “variable” substitute “fixed”; (ii) in sub-paragraph (4), omit paragraph (b) and the “and” preceding it; (e) in paragraph 5, in the heading and in the words preceding paragraph (a), for “variable” substitute “fixed”; (f) in paragraph 7(2), omit paragraph (c); (g) in paragraph 8, for “variable” in each place that it occurs substitute “fixed”; (h) in paragraph 19(b), for “variable” substitute “fixed”; (i) in paragraph 23(1)(a), for “variable” substitute “fixed”; (j) in paragraph 24(1), for “variable” substitute “fixed”; (k) in paragraph 26(a)— (i) for “variable” substitute “fixed”; and (ii) for “the notice” substitute “a notice imposing a non-compliance penalty”; (l) in paragraph 27(2), for “variable” substitute “fixed”; (m) in paragraph 29, for “variable” substitute “fixed”.
SCHEDULE 2 Amendment of the Environmental Protection (Microbeads) (England) Regulations 2017
Regulation 14 1 The Environmental Protection (Microbeads) (England) Regulations 2017 are amended in accordance with paragraphs 2 to 6. 2 In regulation 2 (interpretation), after the definition of “enforcement undertaking” insert— “fixed monetary penalty” has the meaning given by paragraph 1(1)(a) of the Schedule; . 3 In regulation 9 (publication of enforcement action), in paragraph (1)(b), for “variable” substitute “fixed”. 4 In regulation 10 (guidance)— (a) in paragraph (2), for “variable” substitute “fixed”; (b) omit paragraph (3)(d). 5 Omit regulation 11 (additional guidance). 6 In the Schedule (Civil Sanctions)— (a) in the heading of Part 1, for “Variable” substitute “Fixed”; (b) in paragraph 1— (i) in the heading, for “variable” substitute “fixed”; (ii) for sub-paragraph (1)(a) substitute— (a) a requirement to pay to the regulator a penalty of £200 (a “fixed monetary penalty”) ; (iii) omit sub-paragraphs (4) and (5); (c) in paragraph 2— (i) for “variable” in each place that it occurs substitute “fixed”; (ii) after sub-paragraph (2) insert— (2A) A notice of intent to serve a fixed monetary penalty must also offer the person on whom the notice is served the opportunity to discharge their liability for the penalty by paying the sum of £100 to the regulator within 28 days beginning with the day on which the notice is received. (2B) A person’s liability to a fixed monetary penalty is discharged if the person pays the sum of £100 to the regulator within the time specified in sub-paragraph (2A). ; (iii) after sub-paragraph (3) insert— (4) Sub-paragraph (3) does not apply in relation to a notice of intent to serve a fixed monetary penalty if the person makes a payment in accordance with sub-paragraph (2B). ; (d) in paragraph 4— (i) in sub-paragraph (2), for “variable” substitute “fixed”; (ii) in sub-paragraph (4), omit paragraph (b) and the “and” preceding it; (e) in paragraph 5, in the heading and in the words preceding paragraph (a), for “variable” substitute “fixed”; (f) in paragraph 7(2), omit paragraph (c); (g) in paragraph 8, for “variable” in each place that it occurs substitute “fixed”; (h) in paragraph 19(b), for “variable” substitute “fixed”; (i) in paragraph 23(1)(a), for “variable” substitute “fixed”; (j) in paragraph 24(1), for “variable” substitute “fixed”; (k) in paragraph 26(a)— (i) for “variable” substitute “fixed”; and (ii) for “the notice” substitute “a notice imposing a non-compliance penalty”; (l) in paragraph 27(2), for “variable” substitute “fixed”; (m) in paragraph 29, for “variable” substitute “fixed”.
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