The Digital Waste Tracking (England) Regulations 2026

SCHEDULE 2 Civil sanctions

Regulation 19 PART 1 Fixed monetary penalties 1 (1) The amount of a fixed monetary penalty under these Regulations is £1,000. (2) A fixed monetary penalty may not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission. 2 (1) Where the Agency proposes to impose a fixed monetary penalty on a person, the Agency must serve on that person a notice of its intention to do so (“a notice of intent”). (2) The notice of intent must include— (a) the grounds for imposing the fixed monetary penalty; (b) the amount of the penalty; (c) information as to— (i) the right to make representations and objections within the period of 28 days beginning with the date on which the notice of intent is received (“the 28 day period”); (ii) the circumstances in which the Agency may not impose the penalty. 3 A person on whom a notice of intent is served under paragraph 2 may within the 28 day period make written representations and objections to the Agency in relation to the proposed imposition of the fixed monetary penalty. 4 (1) If the person who has received a notice of intent does not discharge liability within the 28 day period by paying the amount specified in paragraph 1(1) to the Agency, the Agency may, after considering any representations or objections made during that period, serve a final notice imposing a fixed monetary penalty. (2) Where the contravention to which the notice of intent relates is a criminal offence, the Agency may not serve a final notice on the person if the Agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence. 5 A final notice must include information as to— (a) the amount of the penalty; (b) the grounds for imposing the penalty; (c) how payment may be made; (d) the period within which payment must be made, which must not be less than 2 months from when the final notice is given; (e) details of the increase in the amount of the penalty for late payment; (f) the right of appeal and the effect of regulation 26 (suspension of penalty where an appeal is made); and (g) the consequences of non-payment. 6 (1) The person receiving the final notice may appeal against it. (2) The grounds for appeal are— (a) that the decision is based on an error of fact; (b) that the decision is wrong in law; (c) that the decision is unreasonable. 7 (1) The penalty must be paid within the period specified for the purposes of paragraph 5(d), unless an appeal is made within that period. (2) If the penalty is not paid within the period specified for the purposes of paragraph 5(d), and an appeal is not made, the amount of the penalty is increased by 50%. (3) In the case of an appeal— (a) the penalty must be paid within the period of 28 days beginning with the day of determination of the appeal if the appeal is unsuccessful, or the date on which the appeal is withdrawn; and (b) if the penalty is not paid within that 28 day period, the amount of the penalty is increased by 50%. 8 (1) If a notice of intent to impose a fixed monetary penalty is served on any person in relation to a contravention which is an offence (“the related offence”), no criminal proceedings may be instituted against that person for the related offence before the expiry of a period of 28 days beginning with the day on which the notice of intent is served. (2) If, in relation to a contravention which is an offence, a person has paid a fixed monetary penalty, or has discharged liability for a fixed monetary penalty within the 28 day period referred to in sub-paragraph (1), that person may not by reason of the contravention be convicted at any time of the related offence, unless the contravention is a continuing act or omission. PART 2 Variable monetary penalties 9 (1) A variable monetary penalty may not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission. (2) Before imposing a variable monetary penalty or serving a notice of intent in relation to any contravention, the Agency may require the person to provide such information as is reasonable to establish any benefit (financial or otherwise) arising as a result of the contravention. (3) In determining the amount of a variable monetary penalty, the Agency must take into consideration (but is not limited to) the following factors— (a) environmental impact or potential impact of contravention; (b) benefit arising as a result of the contravention; (c) culpability; (d) previous history of non-compliance. 10 (1) Where the Agency proposes to impose a variable monetary penalty on a person, the Agency must serve on that person a notice of its intention to do so (a “notice of intent”). (2) A notice of intent must include— (a) the grounds for imposing the variable monetary penalty; (b) the amount of the penalty; (c) information as to— (i) the right to make representations and objections within a period of 28 days beginning with the day on which the notice of intent is received (“the 28 day period”); (ii) the circumstances in which the Agency may not impose the penalty. 11 A person on whom a notice of intent is served may within the 28 day period make written representations and objections to the Agency in relation to the proposed imposition of the variable monetary penalty. 12 (1) If the person who has received a notice of intent does not discharge liability within the 28 day period by paying to the Agency the amount of the penalty specified in the notice of intent, the Agency may, after considering any representations or objections made within the 28 day period, decide whether to impose (by serving a final notice) the variable monetary penalty in the notice of intent, with or without modifications. (2) Where the contravention to which the notice of intent relates is a criminal offence, the Agency may not serve a final notice on a person if the Agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence. 13 A final notice for a variable monetary penalty must include information as to— (a) the amount of the penalty; (b) the grounds for imposing the penalty; (c) how payment may be made; (d) the period within which payment must be made, which must not be less than 2 months from when the final notice is given; (e) the right of appeal and the effect of regulation 26 (suspension of penalty where an appeal is made); and (f) the consequences of non-payment. 14 (1) The person receiving the final notice may appeal against it. (2) The grounds for appeal are— (a) that the decision is based on an error of fact; (b) that the decision is wrong in law; (c) that the amount of the penalty is unreasonable; (d) that the decision is unreasonable for any other reason. (3) Where an appeal is made against the issue of a final notice, the penalty must be paid within a period of 28 days beginning with the date of the determination of the appeal if the appeal is unsuccessful, or the date on which the appeal is withdrawn. 15 (1) If a notice of intent for a variable monetary penalty is served on any person in relation to a contravention which is an offence (“the related offence”), no criminal proceedings may be instituted against that person for the related offence before the expiry of a period of 28 days beginning with the day on which the notice of intent is served. (2) If, in relation to a contravention which is an offence, a person has paid a variable monetary penalty, or discharged liability for a variable monetary penalty within the 28 day period referred to in sub-paragraph (1), that person may not by reason of the contravention be convicted at any time of the related offence, unless the contravention is a continuing act or omission. PART 3 Compliance notices 16 (1) Subject to sub-paragraph (2), a compliance notice may not be imposed on a person on more than one occasion in relation to the same contravention of these Regulations, unless the contravention is a continuing act or omission. (2) Sub-paragraph (1) does not prevent another compliance notice being imposed on a person under this paragraph if any earlier compliance notice imposed on that person in relation to the same act or omission has first been withdrawn. (3) Where contravention of a requirement is a criminal offence under these Regulations, the Agency may not impose a compliance notice on a person for contravention of that requirement if the Agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of an offence. 17 A compliance notice must include information as to— (a) the grounds for imposing the notice; (b) what steps the person receiving the notice must take and the period within which those steps must be completed; (c) the right of appeal; and (d) the consequences of failing to comply with the notice. 18 (1) A person receiving a compliance notice may appeal against it. (2) The grounds for appeal are— (a) that the decision to impose the notice is based on an error of fact; (b) that the decision is wrong in law; (c) that the nature of the requirement is unreasonable; (d) that the decision is unreasonable for any other reason.