LegalizeThe Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025
Made: 25th June 2025
Coming into force: 26th June 2025
In accordance with section 58(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1
This Order may be cited as the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025 and comes into force on the day after the day on which it is made.
Amendment of the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015
2
- (1) The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015[^f00002] is amended in accordance with paragraph (2).
- (2) At the end of the table in schedule 4 (relevant offences and fixed penalty amounts), after the final row insert (as new rows and in the appropriate columns)—
| The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024[^f00003] | The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024[^f00003] | The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024[^f00003] | The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024[^f00003] | The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024[^f00003] |
|---|---|---|---|---|
| Regulation 115(1)(a) (carrying on business as a producer without being registered as required by regulation 25(1)(a)) | YES | YES | YES | MEDIUM |
| Regulation 115(1)(b) (failure to apply for registration by the date specified in regulation 28(1), (2) or (3)) | YES | YES | YES | MEDIUM |
| Regulation 115(1)(c) (failure to keep records as required by regulation 25(1)(b)) | YES | YES | YES | MEDIUM |
| Regulation 115(1)(d) (failure to report information as required by regulation 25(1)(c) or (d), or (3)(c)) | YES | YES | YES | MEDIUM |
| Regulation 115(1)(e) (failure to report information as required by regulation 25(1)(c) or (d), or (3)(c) by the required date under regulation 35, 36, 37 or 38) | YES | YES | YES | MEDIUM |
| Regulation 115(3)(a) (failure to comply with producer’s recycling obligation under regulation 25(2)(a)) | NO | YES | YES | NOT APPLICABLE |
| Regulation 115(3)(b) (failure to keep evidence as required by regulation 25(2)(b)) | YES | YES | YES | MEDIUM |
| Regulation 115(3)(c) (failure to furnish a certificate of compliance as required by regulation 25(2)(c)) | YES | YES | YES | LOW |
| Regulation 115(4) (failure of a registered producer to comply with a condition of registration in regulation 31(b) or (c)) | YES | YES | YES | MEDIUM |
| Regulation 116(a) (operating a compliance scheme without registering under regulation 43(1)(b) and 51(1)) | YES | YES | YES | MEDIUM |
| Regulation 116(b) (breach of a condition of a compliance scheme’s registration in regulation 53) | YES | YES | YES | MEDIUM |
| Regulation 116(c) (failure to carry out the obligation to apply for the registration of a compliance scheme member under regulation 43(3)(a)) | YES | YES | YES | MEDIUM |
| Regulation 116(d) (failure to make an application for registration of a compliance scheme member by the required date under regulation 44(1)(a)) | YES | YES | YES | MEDIUM |
| Regulation 116(e) (failure to report information as required in relation to a compliance scheme member under regulations 43(3)(b) and 44(2)) | YES | YES | YES | MEDIUM |
| Regulation 116(f) (failure to report information in relation to a member of a compliance scheme under regulations 43(3)(b) and 44(2) by the required date under regulations 35, 36, 37 or 38) | YES | YES | YES | MEDIUM |
| Regulation 116(g) (failure to carry out the recycling obligations under regulation 43(3)(c) and 44(3)) | YES | YES | YES | MEDIUM |
| Regulation 116(h) (failure to keep records and make returns to SEPA as required by regulations 43(6)(a) and 55) | YES | YES | YES | MEDIUM |
| Regulation 116(i) (failure to submit a statement of compliance to SEPA as required by regulation 56) | YES | YES | YES | LOW |
| Regulation 116(j) (failure to give notice as required under regulations 49(5) or 54(4)) | YES | YES | YES | MEDIUM |
| Regulation 117(1)(a) (operating a reprocessing site for a category of packaging waste without being registered with SEPA in accordance with regulation 85) | YES | YES | YES | MEDIUM |
| Regulation 117(1)(b) (exporting a category of packaging waste without being registered with SEPA in accordance with regulation 86) | YES | YES | YES | MEDIUM |
| Regulation 117(2)(a) (failure to comply with a condition of registration in regulation 88) | YES | YES | YES | MEDIUM |
| Regulation 117(2)(b) (contravention of a requirement in regulation 91 or in Part 2 of schedule 8) | YES | YES | YES | MEDIUM |
| Regulation 117(3)(a) (issuing a PRN otherwise in accordance with regulation 92(1)) | YES | YES | YES | MEDIUM |
| Regulation 117(3)(b) (issuing a PERN otherwise than in accordance with regulation 92(2)) | YES | YES | YES | MEDIUM |
| Regulation 117(3)(c) (knowingly or recklessly issuing a PRN or PERN pursuant to false or misleading information) | YES | YES | YES | HIGH |
| Regulation 117(4) (failure to comply with a condition of accreditation to issue PRNs or PERNs in regulation 98 or Part 3 of schedule 8) | YES | YES | YES | MEDIUM |
| Regulation 118(1) (knowingly or recklessly providing false or misleading information to SEPA in connection with its functions under the Regulations, or to a scheme operator in respect of any information referred to in regulation 45(1)) | YES | YES | YES | HIGH |
| Regulation 118(2) (failing without reasonable excuse, to comply with any requirement imposed in a notice under regulation 110(1) or to give an officer any assistance or information reasonably required in connection with the exercise of their powers under regulation 112) | YES | YES | YES | MEDIUM |
| Regulation 118(3) (intentionally delaying or obstructing an authorised person carrying out monitoring under regulation 109, or in the exercise of their powers under regulation 112) | YES | NO | NO | LOW |
| Regulation 118(4) (failure of a holding company to comply with reporting, record-keeping or recycling obligations under paragraph 5(1)(b) or (c) or (2)(a) of schedule 9) | YES | YES | YES | MEDIUM |
| Regulation 118(4) (failure of a holding company to comply with the certification obligation in paragraph 5(2)(b) of schedule 9) | YES | YES | YES | LOW |
| Regulation 118(5) (failure to comply with a compliance notice imposed under regulation 121) | YES | YES | YES | MEDIUM |
Signed
GILLIAN MARTIN — A member of the Scottish Government — 25th June 2025
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order amends the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 (“the 2015 Order”) so as to specify offences under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 as relevant offences under the 2015 Order and to enable the Scottish Environment Protection Agency to impose civil enforcement measures on persons in relation to those offences.
Footnotes
[^f00001]: 2014 asp 3.
[^f00002]: S.S.I. 2015/383 as amended by S.S.I. 2016/161, S.I. 2017/1200, S.S.I. 2018/219, S.S.I. 2020/155, S.S.I. 2021/412 and S.S.I. 2023/69.
[^f00003]: S.I. 2024/1332.
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