The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
121 Civil sanctions
(1) Where an enforcement agency to which the table of civil sanctions in Part 1 of Schedule 13 applies is satisfied on the balance of probabilities that a person has contravened a requirement or prohibition specified in that table (a “relevant requirement or prohibition”), the enforcement agency may, in relation to that contravention— (a) impose on that person— (i) a fixed monetary penalty in accordance with Part 2 of Schedule 13; (ii) a variable monetary penalty in accordance with Part 3 of Schedule 13; or (iii) a compliance notice in accordance with Part 4 of Schedule 13; or (b) accept an enforcement undertaking from that person, in accordance with Part 5 of Schedule 13, where, in the entry in the table for the relevant requirement or prohibition, “yes” is stated in the column for that civil sanction. (2) Where an enforcement agency is satisfied on the balance of probabilities that— (a) a relevant requirement or prohibition has been contravened by a body corporate, partnership or unincorporated association; and (b) the contravention occurred with the consent or connivance of, or was attributable to any neglect on the part of— (i) a relevant individual; or (ii) an individual purporting to act in the capacity of a relevant individual, the enforcement agency may impose a specified civil sanction on, or accept an enforcement undertaking from, that individual as well as the body corporate, partnership or unincorporated association. (3) If the enforcement agency is satisfied, on the balance of probabilities, that the contravention of a relevant requirement or prohibition by a person is due to the act or default of some other person, the enforcement agency may also impose a specified civil sanction on that other person, or accept an enforcement undertaking from that other person, whether or not such a sanction is imposed on, or such an undertaking is accepted from, the first-mentioned person. (4) An enforcement agency, other than a Scottish enforcement agency, may recover a fixed monetary penalty or a variable monetary penalty— (a) as a civil debt; or (b) on the order of a court, as if payable under a court order. (5) In this regulation— (a) “relevant individual” has the meaning given in regulation 120(3); (b) “specified civil sanction” means a civil sanction specified in the table in Part 1 of Schedule 13 as applying in relation to the relevant requirement or prohibition in question. (6) This regulation is subject to regulation 122 in respect of its application to Scottish enforcement agencies.
121 Civil sanctions
(1) Where an enforcement agency to which the table of civil sanctions in Part 1 of Schedule 13 applies is satisfied on the balance of probabilities that a person has contravened a requirement or prohibition specified in that table (a “relevant requirement or prohibition”), the enforcement agency may, in relation to that contravention— (a) impose on that person— (i) a fixed monetary penalty in accordance with Part 2 of Schedule 13; (ii) a variable monetary penalty in accordance with Part 3 of Schedule 13; or (iii) a compliance notice in accordance with Part 4 of Schedule 13; or (b) accept an enforcement undertaking from that person, in accordance with Part 5 of Schedule 13, where, in the entry in the table for the relevant requirement or prohibition, “yes” is stated in the column for that civil sanction. (2) Where an enforcement agency is satisfied on the balance of probabilities that— (a) a relevant requirement or prohibition has been contravened by a body corporate, partnership or unincorporated association; and (b) the contravention occurred with the consent or connivance of, or was attributable to any neglect on the part of— (i) a relevant individual; or (ii) an individual purporting to act in the capacity of a relevant individual, the enforcement agency may impose a specified civil sanction on, or accept an enforcement undertaking from, that individual as well as the body corporate, partnership or unincorporated association. (3) If the enforcement agency is satisfied, on the balance of probabilities, that the contravention of a relevant requirement or prohibition by a person is due to the act or default of some other person, the enforcement agency may also impose a specified civil sanction on that other person, or accept an enforcement undertaking from that other person, whether or not such a sanction is imposed on, or such an undertaking is accepted from, the first-mentioned person. (4) An enforcement agency, other than a Scottish enforcement agency, may recover a fixed monetary penalty or a variable monetary penalty— (a) as a civil debt; or (b) on the order of a court, as if payable under a court order. (5) In this regulation— (a) “relevant individual” has the meaning given in regulation 120(3); (b) “specified civil sanction” means a civil sanction specified in the table in Part 1 of Schedule 13 as applying in relation to the relevant requirement or prohibition in question. (6) This regulation is subject to regulation 122 in respect of its application to Scottish enforcement agencies.
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