Draft  Regulations  laid before  Parliament  under  section  62(3)  of the Regulatory  Enforcement  and 
Sanctions  Act 2008,  for approval  by resolution  of each House  of Parliament.  
D R A F T  S T A T U T O R Y  I N S T R U M E N T S  
2023  No. 0000  
ENVIRONMENTAL  PROTECTION,  ENGLAND  
The Envir onmental  Protection  (Plastic  Plates  etc. and 
Polystyrene  Containers  etc.) (England)  Regulations  2023  
Made  - - - - *** 
Coming  into force  in accordance  with regulation  1 
CONTENTS  
PART  1 
Introduction  
 
1. Citation,  commencement,  extent  and application  3 
2. Interpretation  3 
 
PART  2 
Offences  
 
3. Offence : supply  of single -use plastic  plates,  trays  or bowls  to an end user 4 
4. Offence:  suppl y of single  use plastic  balloon  sticks  and cutlery  4 
5. Offence : supply  of single -use polystyrene  containers  and cups 5 
 
PART  3 
Offences:  general  
 
6. Defence  of due diligen ce for suppliers  5 
7. Time  limit for the prosecution  of offences  5 
 
PART  4 
Enforcement  and civil sanctions  
 
8. Enforcement  6 
9. Civil sanctions  6 
10. Powers  of entry  and examination  etc. 6 
11. Publication  of information  about  enforcement  action  7 
  2 PART  5 
Supplementary  
 
12. Guidance  7 
13. Review  8 
 
PART  6 
Amendments  
 
14. Amendment  of the Environmental  Protection  (Microbeads)  (England)  Regulations  
2017  9 
15. Amendment  of the Environmental  Protection  (Plastic  Straws,  Cotton  Buds  and 
Stirrers)  (England)  Regulations  2020  9 
16. Amendments:  transitional  provision  9 
 
 SCHEDULE  1 — Civil  Sanctions  9 
 PART  1 — Fixed  Monetary  Penalties  and Compliance  Notices  9 
 PART  2 — Stop Notices  12 
 PART  3 — Enforcement  Undertakings  14 
 PART  4 — Non-compliance  penalties  15 
 PART  5 — Administration  and Appeals  16 
 SCHED ULE 2 — Amendment  of the Environmental  Protection  (Microbeads)  
(England)  Regulations  2017  17 
 SCHEDULE  3 — Amendment  of the Environmental  Protection  (Plastic  Straws,  
Cotton  Buds  and Stirrers) (England)  Regulations  2020  18 
The Secretary  of State  makes  these  Regulations  in exercise  of the powers  conferred  by section  
140(1)(b)  and (c), (3)(c)  and (d) and (9) of the Environmental  Protection  Act 1990( a) (“the  1990  
Act”)  and section 62(2)  of the Regulatory  Enforcement  and Sanctions  Act 2008( b) (“the  2008  
Act”).  
The Secretary  of State — 
(a) has published  a notice  in the London  Gazette  as required  by section  140(6)(b)  of the 1990  
Act(c) and has considered  the representations  made  in accordance  with that notice;  
(b) is satisfied  in accordance  with section  66 of the 2008  Act that local  authorities  (who  are 
regulators  for the purposes  of these  Regulations)  will act in accordance  with the 
principles  referred  to in section  5(2) of that Act in exercising  a power  conferred  by these  
Regulations( d); 
(c) considers  it appropriate  to make  these  Regulations  for the purpose  of preventing  the 
articles  specified  in them  from  causing  pollution  of the environment  and harm  to the 
health  of animals.  
 
(a) 1990 c. 4 3.  Section 140(3)(c) was amended by S.I. 1999/1108.  
(b) 2008 c. 13.  
(c) Section 140(6)(b) was amended by S.I. 2012/1923.  
(d) For the purposes of these Regulations, “regulator” has the meaning given by regulation 2, rather than the meaning given by 
sectio n 37 of the 2008 Act.   3 In accordance  with section  62(3)  of the 2008  Act, a draft of these  Regulations  has been  laid 
before,  and approved  by resolution  of, each House  of Parliament.  
PART  1 
Introduction  
Citation,  commencement,  extent  and application  
1.—(1) These  Regulations  may be cited  as the Environmental  Protection  (Plastic  Plates  etc. and 
Polystyrene  Containers  etc.) (England)  Regulations  2023.  
(2) These  Regulations  come  into force  on the twenty -fourth  day after the day on which  they are 
made.  
(3) These  Regula tions extend  to England  and Wales  and apply  in relation  to England  only.  
Interpretation  
2. In these  Regulations — 
“compliance  notice”  has the meaning  given  by paragraph  1(1)(b)  of Schedule  1; 
“end  user” means  any person  to whom  a product  is supplied,  other  than— 
(a) for the purposes  of supplying  it, in the course  of a business,  to another  person,  or 
(b) for the purposes  of a manufacturing  process;  
“enforcement  undertaking”  has the meaning  given  by paragraph  17(2)  of Schedule  1; 
“expanded  or foamed  extruded  polystyrene”  means  polystyrene  where  the polymeric  material  
is expanded  at any point  during  its manufacture  by any means  (such  as heat from  steam  or 
expansion  during  cooling)  using  any blowing  agent  (such  as butane,  pentane  or propane);  
“fixed  monetary  penalty”  has the meaning  given  by paragraph  1(1)(a)  of Schedule  1; 
“local  authority”  means — 
(a) in relation to the City of London,  the Common  Council  for the City of London,  
(b) in relation  to an area in the rest of London,  the London  borough  council  for that area,  
(c) in relation  to the Isles of Scilly,  the Council  of the Isles of Scilly,  
(d) in relation  to an area in the rest of England,  the county  council  for that area or, where  
there  is no county  council  for that area,  the district  council  for that area;  
“plastic”  means  a material  consisting  of polymer  as defined  in Article  3(5) of Regulation  (EC)  
No 1907/2006  concerning  the Registration,  Evaluation,  Authorisation  and Restriction  of 
Chemicals  (REACH)( a), to which  additives  or other  substances  may have  been  added,  and 
which  can functio n as a main  structural  component  of final products,  with the exception  of 
natural  polymers  that have  not been  chemically  modified;  
“regulator”  means  a local  authority;  
“single -use plastic  balloon  stick”  means  a stick,  including  its attachment  mechanism,  that is— 
(a) designed  or intended  to be attached  to and support  balloons,  
(b) made  wholly  or partly  from  plastic,  and 
(c) not designed  or intended  to be re-used;  
“single -use plastic  cutlery”  means  any item that is— 
(a) designed  or intended  to be used as, or in the same  way as, a knife,  fork,  spoon  or 
chopstick,  
 
(a) EUR 2006/1907.   4 (b) made  wholly  or partly  from  plastic,  and 
(c) not designed  or intended  to be re-used;  
“single -use plastic  plate,  tray or bowl”  means  any item that is— 
(a) designed  or intended  to be used as a plate,  tray or bowl,  
(b) made  wholly  or partly  from  plastic,  and 
(c) not designed  or intended  to be re-used;  
“single -use polystyrene  cup” means  a cup, with or without  a lid or cover,  that is— 
(a) made  wholly  or partly  from  expanded  or foamed  extruded  polystyrene,  and 
(b) not designed  or intended  to be re-used; 
“single -use polystyrene  food or drink  container”  means  a receptacle  such as a box, with or 
without  a lid or cover,  that is— 
(a) made  wholly  or partly  from  expanded  or foamed  extruded  polystyrene,  
(b) not designed  or intended  to be re-used;  and 
(c) used to contain  food or drink  that is ready  to be consumed  without  further  preparation;  
“stop  notice”  has the meaning  given  by paragraph  9(2) of Schedule  1; 
“supply”  means  supply,  whether  by way of sale or not; 
“third  party  undertaking”  has the meaning  given  by paragraph  3(1) of Schedule  1. 
PART  2 
Offences  
Offence : supply  of single -use plastic  plates,  trays  or bowls  to an end user 
3.—(1) A person  who,  in the course  of a business,  supplies  or offers  to supply  to an end user a 
singl e-use plastic  plate,  tray or bowl  is guilty  of an offence.  
(2) Paragraph  (1) does not apply  to the supply  of a single  use plastic  plate,  tray or bowl  that is 
packaging.  
(3) Paragraph  (1) is subject,  in respect  of a tray or bowl,  to section  2 of the United  Kingdom  
Internal  Market  Act 2020( a). 
(4) A person  guilty  of an offence  under  paragraph  (1) is liable  on summary  conviction  to a fine. 
(5) In this regulation,  “packaging”  has the same  meaning  as in regulation  3 of the Packaging  
(Essential  Requirements)  Regulations  2015( b). 
Offence:  supply  of single  use plastic  balloon  sticks  and cutlery  
4.—(1) A person  who,  in the course  of a business,  supplies  or offers  to supply  either  of the 
following  is guilty  of an offence — 
(a) a single -use plastic  balloon  stick;  
(b) single -use plastic  cutlery.  
(2) A person  guilty  of an offence  under  paragraph  (1) is liable  on summary  conviction  to a fine. 
 
(a) 2020 c. 27.  
(b) S.I. 2015/1640. Regulation 3 was amended in relatio n to England by S.I. 2019/188.   5 Offence : supply  of single -use polystyrene  containers  and cups  
5.—(1) A person  who,  in the course  of a business,  supplies  or offers to supply  either  of the 
following  is guilty  of an offence — 
(a) a single -use polystyrene  food or drink  container;  
(b) a single -use polystyrene  cup. 
(2) A person  guilty  of an offence  under  paragraph  (1) is liable  on summary  conviction  to a fine. 
PART  3 
Offences:  general  
Defence  of due diligence  for suppliers  
6.—(1) Subject  to paragraphs  (2) and (4), in proceedings  for an offence  under  Part 2 of these  
Regulations  it is a defence  for a person  (“P”)  to show  that P took all reasonable  steps  and 
exercised  all due diligence  to avoid  committing  the offence.  
(2) P may not rely on a defence  under  paragraph  (1) which  involves  a third  party  allegation  
unless  P has— 
(a) served  a notice  in accordance  with paragraph  (3); or 
(b) obtained  the leave  of the court.  
(3) The notice  must — 
(a) give any information  in P’s possession  which  identifies  or assists  in identifying  the 
person  who— 
(i) committed  the act or default;  or 
(ii) supplied  the information  on which  P relied;  and 
(b) be served  on the person  bringing  the proceedings  not less than 7 clear  days before  the 
hearing  of the proceedings.  
(4) P may not rely on a defence  under  paragraph  (1) which  involves  an allegation  that the 
commission  of the offence  was due to reliance  on information  supplied  by another  person  unless  it 
was reasonable  for P to have  relied  on the information,  having  regard  in particular  to— 
(a) the steps  that P took,  and those  which  might  reasonably  have  been  taken,  for the purposes  
of verifying  the information;  and 
(b) whether  P had any reason  to disbelieve  the informa tion. 
(5) In this regulation,  “third  party  allegation”  means  an allegation  that the commission  of the 
offence  was due to— 
(a) the act or default  of another  person;  or 
(b) reliance  on information  supplied  by another  person.  
Time  limit  for the prosecution  of offences  
7.—(1) An information  relating  to an offence  under  Part 2 of these  Regulations  may be tried if it 
is laid within  twelve  months  after the date on which  evidence  sufficient  in the opinion  of the 
prosecutor  to justify  the proceedings  comes  to the knowledge  of the prosecutor.  
(2) No proceedings  are to be brought  more  than three  years  after the commission  of the offence.   6 PART  4 
Enforcement  and civil sanctions  
Enforcement  
8.—(1) A regulator  may authorise  any person  to exercise,  for an authorised  purpose  and in 
accordance  with the terms  of the authorisation,  any of the powers  specified  in regulation  10, if that 
person  appears  to the regulator  suitable  to exercise  them.  
(2) An authorisation  under  paragraph  (1) must  be in writing.  
(3) In this Part— 
“authorised  purpose”  means  the purpose  of determining  whether  an offence  under  Part 2 has 
been  or is being  committed,  or any requirement  of a compliance  notice,  a stop notice  or an 
enforcement  undertaking  under  these  Regulations  has been  or is being  contravened;  
“enforcement  officer”  means  a person  authorised  under  paragraph  (1). 
Civil  sanction s 
9. Schedule  1 (civil  sanctions)  has effect  for the purpose  of the enforcement  of an offence  under  
Part 2 of these  Regulations.  
Powers  of entry and examination  etc. 
10.—(1) The powers  which  an enforcement  officer  may be authorised  to exercise  are— 
(a) to enter  at any reasonable  time any premises  (other  than premises  used wholly  or mainly  
as a dwelling)  which  the enforcement  offic er has reason  to suspect  it is necessary  to enter  
for an authorised  purpose;  
(b) when  entering  any premises  under  sub-paragraph  (a)— 
(i) to be accompanied  by another  enforcement  officer;  and 
(ii) to bring  any equipment  or materials  required  for the authorised  purpose  in question;  
(c) on entering  any premises  under  sub-paragraph  (a)— 
(i) to make  such examination  and investigation  as may be necessary;  
(ii) to take such measurements  and photographs  and make  such recordings  as the 
enforcement  officer  considers  necessary  for the purpose  of any such examination  or 
investigation;  and 
(iii) to require  the production  of, or where  the information  is recorded  in computerised  
form,  the furnishing  of extracts  from,  any documents  which  it is necessary  for the 
enforcement  officer  to see for the purposes  of any such examination  or investigation;  
(d) as regards  any premises  which  an enforcement  officer  has power  to enter  under  sub-
paragraph  (a), to direct  that those  premises  or any part of them,  or anything  in them,  be 
left undisturbed  (whether  generally  or in particular  respects)  for so long as is reasonably  
necessary  for the purpose  of examination  or investigation  under  sub-paragraph  (c); 
(e) to take any samples,  or cause  samples  to be taken,  of any articles  or substances  found  in 
or on any premises  which  an enfor cement  officer  has power  to enter  under  sub-paragraph  
(a), and to cause  any such articles  or substances  to be analysed  or tested;  
(f) in the case of any such sample,  to take possession  of it and to retain  it for so long as is 
necessary  for all or any of the following  purposes — 
(i) to examine  it, and subject  it to any process  or test, or cause  it to be examined;  
(ii) to ensure  that it is not tampered  with before  the examination  is completed;  
(iii) to ensure  that it is available  for use as evidence  in any proceedings  for an offence 
under  these  Regulations.   7 (2) Where  an enforcement  officer  proposes  to enter  any premises  and— 
(a) entry  has been  refused  or the enforcement  officer  apprehends  on reasonable  grounds  that 
entry  is likely  to be refused,  and 
(b) the enforcement  officer  apprehends  on reasonable  grounds  that the use of reasonable  
force  may be necessary  to effect  entry,  
any entry  onto those  premises  by virtue  of paragraph  (1)(a)  may only be effected  under  the 
authority  of a warrant.  
(3) Nothing  in paragraph  (1)(c)(iii)  compels  the production  by a person  of any documents  of 
which  that person  would  on grounds  of legal  professional  privilege  be entitled  to withhold  
production  on an order  for disclosure  in an action  in the County  Court  or High  Court.  
(4) An enforcement  officer  may only exercise  the powers  in paragraph  (1) in the reasonable  
belief  that an offence  under  Part 2 of these  Regulations  has been  or is being  committed.  
(5) An enforcement  officer  seeking  to exercise  a power  under  paragraph  (1) must  produce  
evidence  of identity  and authority  if requested  by a person  who is, or appears  to be— 
(a) a supplier  of single -use plastic  plates,  trays  or bowls,  balloon  sticks,  or cutlery;  or single -
use polystyrene  food or drink  containers,  or cups;  
(b) an employee  of a supplier  referred  to in sub-paragraph  (a); or 
(c) the owner  or occupier  of any premises  in which  the enforcement  officer  seeks  to exercise  
the power  concerned.  
(6) If a justice  of the peace,  on sworn  information  in writing,  is satisfied — 
(a) that there  are reasonable  grounds  to enter  any premises  in exercise  of the power  in 
paragraph  (1)(a);  and 
(b) that any of the conditions  in paragraph  (2)(a)  or (b) is met, 
the justice  of the peace  may by warrant  authorise  an enforcement  officer  to enter  the premises,  if 
need  be by reasonable  force.  
Publication  of information  about  enforcement  action  
11.—(1) Where  a regulator  imposes  civil sanctions  under  these  Regulations  in relation  to an 
offence  under  Part 2, the regulator  must  from  time to time publish — 
(a) the cases  in which  the civil sanction  has been  imposed;  
(b) where  the civil sanction  is a fixed  monetary  penalty  or compliance  notice,  the cases  in 
which  a third  party  undertaking  has been  accepted;  and 
(c) the cases  in which  an enforcement  undertaking  has been  entered  into. 
(2) In paragraph  (1)(a),  the reference  to cases  in which the civil sanction  has been  imposed  does 
not include  cases  where  the sanction  has been  imposed  but overturned  on appeal.  
(3) This regulation  does not apply  in cases  where  the regulator  considers  that publication  would  
be inappropriate.  
PART  5 
Supplementary  
Guidance  
12.—(1) Each  regulator  must  publish  guidance  about  its use of civil sanctions  under  these  
Regulations  in relation  to an offence  under  Part 2. 
(2) In the case of guidance  relating  to a fixed  monetary  penalty,  compliance  notice  or stop 
notice,  the guidance  must  contain  the relevant  information  set out in paragraph  (3). 
(3) The relevant  information  referred  to in paragraph  (2) is information  as to—  8 (a) the circumstances  in which the penalty  or notice  is likely  to be impose d; 
(b) the circumstances  in which  it may not be imposed;  
(c) rights  to make  representations  and objections  and rights  of appeal;  and 
(d) in the case of a fixed  monetary  penalty,  the amount  of the penalty,  how liability  for the 
penalty  may be discharged  and the effect  of discharge.  
(4) The regulator  must  revise  the guidance  where  appropriate.  
(5) The regulator  must  consult  such persons  as it considers  appropriate  before  publishing  any 
guidance  or revised  guidance  under  this regulation.  
(6) The regulator  must  have  regard  to the guidance or revised  guidance  in exercising  its 
functions.  
Review  
13.—(1) The Secretary  of State  must — 
(a) as soon  as reasonably  practicable  after the end of the period  of three  years  from  the date 
on which  these  Regulations  come  into force  carry  out a review  of the operation  of the 
provisions  in Part 4 (enforcement  and civil sanctions)  and Schedule  1; 
(b) from  time to time carry  out a review  of the regulatory  provision  contained  in these  
Regulations  (including  Part 4 and Schedule  1); and 
(c) publish  a report setting  out the conclusions  of any review.  
(2) In the case of a review  under  paragraph  (1)(a) — 
(a) section  67 of the Regulatory  Enforcement  and Sanctions  Act 2008  requires  that the 
review  must  in particular  consider  whether  the provision  has implemented  its objectives  
efficiently  and effectively;  
(b) the Secretary  of State,  in conducting  the review,  must  consult  such persons  as the 
Secretary  of State  considers  appropriate;  and 
(c) the Secretary  of State  must  lay a copy  of the report  under  paragraph  (1)(c)  before  
Parliam ent. 
(3) In the case of a review  under  paragraph  (1)(b) — 
(a) the first report  must  be published  before  the expiry  of the period  ending  five years  from  
the date on which  these  Regulations  come  into force;  
(b) subsequent  reports  must  be published  at intervals  not exceed ing five years;  and 
(c) section  30(4)  of the Small  Business,  Enterprise  and Employment  Act 2015( a) requires  
that a report  published  under  this regulation  must,  in particular — 
(i) set out the objectives  intended  to be achieved  by the regulatory  provision  referred  to 
in paragraph  (1)(b);  
(ii) assess  the extent  to which  those  objectives  are achieved;  
(iii) assess  whether  those  objectives  remain  appropriate;  and 
(iv) if those  objectives  remain  appropriate,  assess  the extent  to which  they could  be 
achieved  in another  way which  involves  less onerous  regulatory  provision.  
(4) In this regulation  “regulatory  provision”  has the same  meaning  as in sections  28 to 32 of the 
Small  Business,  Enterprise  and Employment  Act 2015  (see section  32 of that Act).  
 
(a) 2015 c. 26.   9 PART  6 
Amendments  
Ame ndment  of the Environmental  Protection  (Microbeads)  (England)  Regulations  2017  
14. The Environmental  Protection  (Microbeads)  (England)  Regulations  2017( a) are amended  in 
accordance  with Schedule  2. 
Amendment  of the Environmental  Protection  (Plastic  Straws,  Cotton Buds  and Stirrers)  
(England)  Regulations  2020  
15. The Environmental  Protection  (Plastic  Straws,  Cotton  Buds  and Stirrers)  (England)  
Regulations  2020( b) are amended  in accordance  with Schedule  3. 
Amendments:  transitional  provision  
16. In relation  to any offence for which  a variable  monetary  penalty  has been  imposed,  or a 
notice  of intent  to impose  a variable  monetary  penalty  has been  served,  before  these  Regulations  
came  into force — 
(a) the Environmental  Protection  (Microbeads)  (England)  Regulations  2017  apply  as if the 
amendments  in paragraph  6 of Schedule  2 had not been  made;  
(b) the Environmental  Protection  (Plastic  Straws,  Cotton  Buds  and Stirrers)  (England)  
Regulations  2020  apply  as if the amendments  in paragraphs  2(c) and 7 of Schedule  3 had 
not been  made.  
 
 
 
 Name 
 Parliamentary  Under  Secretary  of State  
Date Department  for Environment,  Food  and Rural  Affairs  
 SCHEDULE  1 Regulation  9 
Civil  Sanctions  
PART  1 
Fixed  Monetary  Penalties  and Compliance  Notices  
Impos ition of a fixed  monetary  penalty  or compliance  notice  
1.—(1) In relation  to an offence  under  Part 2 of these  Regulations,  a regulator  may by notice  
impose — 
(a) a requirement  to pay to the regulator  a penalty  of £200  (“a fixed  monetary  penalt y”); or 
(b) a requirement  to take such steps  as the regulator  may specify,  within  such period  as it 
may specify,  to secure  that the offence  does not continue  or recur  (“a compliance  
notice”).  
(2) Before  doing  so the regulator  must  be satisfied  beyond  reasonable  doubt that the person  has 
committed  the offence.  
 
(a) S.I. 2017/1312, amended by the Sentencing Act 2020 (c.17) and by S.I. 2022/500 (C.18) and 202 3/149.  
(b) S.I. 2020/971, amended by S.I. 2022/500 (C.18) and 2023/149.   10 (3) A requirement  under  sub-paragraph  (1)(a)  or (b) may not be imposed  on a person  on more  
than one occasion  in relation  to the same  act or omission.  
Notice  of intent  
2.—(1) Where  a regulator  proposes to serve  a fixed  monetary  penalty  or a compliance  notice  on 
a person,  the regulator  must  serve  on that person  a notice  of what  is proposed  (a “notice  of 
intent”).  
(2) The notice  of intent  must  include — 
(a) the grounds  for the proposed  compliance  notice  or fixed monetary  penalty;  
(b) the requirements  of the proposed  compliance  notice  and, in the case of a penalty,  the 
amount  to be paid;  
(c) information  as to— 
(i) the right  to make  representations  and objections  within  28 days beginning  with the 
day on which  the notice  of intent  was received;  
(ii) the circumstances  in which  the regulator  may not impose  the fixed  monetary  penalty  
or compliance  notice.  
(3) 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.  
(4) 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  (3). 
(5) A person  on whom  a notice  of intent  is served  may,  within  28 days beginning  with the day 
on which  the notice  was received,  make  representations  and objections  to the regulator  in relation  
to the proposed  imposition  of a fixed  monetary  penalty  or compliance  notice.  
(6) Sub-paragraph  (5) 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  (4). 
Third  party  under takings  
3.—(1) A person  on whom  a notice  of intent  is served  may offer  an undertaking  as to action  to 
be taken  by that person  (including  the payment  of a sum of money)  to benefit  any third  party  
affected  by the offence  (a “third  party  undertaking”).  
(2) The regulator  may accept  or reject  any such third party  undertaking.  
Final  notice  
4.—(1) After  the end of the period  for making  representations  and objections,  the regulator  must  
decide  whether — 
(a) to impose  the requirements  in the notice  of intent,  with or without  modifications;  or 
(b) to impose  any other  requirement  that the regulator  has power  to impose  under  this Part. 
(2) Where  the regulator  decides  to impose  a requirement,  the notice  imposing  it (the “final  
notice”)  must  comply  with paragraph  5, in the case of a fixed  monetary  penalty,  or paragraph  6, in 
the case of a compliance  notice.  
(3) The regulator  may not impose  a final notice  on a person  where  the regulator  is satisfied  that 
the person  would  not, by reason  of any defence,  be liable to be convicted  of the offence  to which  
the notice  relates.  
(4) The regulator  must  take into account  any third  party  undertaking  that it accepts  in deciding  
whether  or not to serve  a final notice.   11 Contents  of final  notice:  fixed  monetary  penalty  
5. A final notice for a fixed  monetary  penalty  must  include  information  as to— 
(a) the grounds  for imposing  the penalty;  
(b) the amount  to be paid;  
(c) how payment  may be made;  
(d) the period  within  which  payment  must  be made,  which  must  be not less than 28 days;  
(e) rights  of appeal;  and 
(f) the consequences  of failing  to comply  with the notice.  
Contents  of final  notice:  compliance  notice  
6. A final notice  relating  to a compliance  notice  must  include  information  as to— 
(a) the grounds  for imposing  the notice;  
(b) what  compliance  is required  and the period within  which  it must  be completed;  
(c) rights  of appeal;  and 
(d) the consequences  of failing  to comply  with the notice.  
Appeals  against  final  notice  
7.—(1) The person  receiving  the final notice  may appeal  against  it. 
(2) The grounds  for appeal  are— 
(a) that the decision  was based  on an error  of fact; 
(b) that the decision  was wrong  in law; 
(c) in the case of a compliance  notice,  that the nature  of the requirement  is unreasonable;  
(d) that the decision  is unreasonable  for any other  reason;  
(e) any other  reason.  
Crimin al proceedings  
8.—(1) If— 
(a) a fixed  monetary  penalty  or compliance  notice  is served  on any person,  or 
(b) a third  party  undertaking  is accepted  from  any person,  
that person  may not at any time be convicted  of the offence  in respect  of the act or omission  giving  
rise to the fixed  monetary  penalty,  compliance  notice  or third  party  undertaking  except  in a case 
referred  to in sub-paragraph  (2). 
(2) The case referred  to in sub-paragraph  (1) is a case where — 
(a) a compliance  notice  is imposed  on a person  or a third  party  undertaking  is accepted  from  
a person;  
(b) no fixed  monetary  penalty  is imposed  on that person;  and 
(c) that person  fails to comply  with the compliance  notice  or third party  undertaking.   12 PART  2 
Stop Notices  
Stop  notices  
9.—(1) A regulator  may serve  a stop notice  on any person  in a case falling  within  sub-paragraph  
(3) or (4). 
(2) A “stop  notice”  is a notice  prohibiting  a person  from  carrying  on an activity  specified  in the 
notice  until the person  has taken  the steps specified  in the notice.  
(3) A case falling  within  this sub-paragraph  is a case where  the regulator  reasonably  believes  
that— 
(a) the person  is carrying  on the activity;  
(b) the activity  as carried  on by that person  is causing,  or presents  a significant  risk of 
causing, serious  harm  to the environment  (including  the health  of animals);  and 
(c) the activity  as carried  on by that person  involves  or is likely  to involve  the commission  of 
an offence  under  Part 2 of these  Regulations.  
(4) A case falling  within  this sub-paragraph  is a case where  the regulator  reasonably  believes  
that— 
(a) the person  is likely  to carry  on the activity;  
(b) the activity  as likely  to be carried  on by that person  will cause,  or will present  a 
significant  risk of causing,  serious  harm  to the environment  (includ ing the health  of 
animals);  and 
(c) the activity  as likely  to be carried  on by that person  will involve  or will be likely  to 
involve  the commission  of an offence  under  Part 2 of these  Regulations.  
(5) The steps  referred  to in sub-paragraph  (2) must  be steps  to remove or reduce  the harm  or risk 
of harm  to the environment  (including  the health  of animals).  
Contents  of a stop notice  
10. A stop notice  must  include  information  as to— 
(a) the grounds  for serving  the notice;  
(b) the steps  the person  must  take to comply  with the stop notice;  
(c) rights  of appeal;  and 
(d) the consequences  of non-compliance.  
Appeals  against  stop notices  
11.—(1) The person on whom  a stop notice  is served  may appeal  against  the decision  to serve  it. 
(2) The grounds  for appeal  are— 
(a) that the decision  was based  on an error  of fact; 
(b) that the decision  was wrong  in law; 
(c) that the decision  was unreasonable;  
(d) that any step specified  in the notice  is unreasonable;  
(e) that the person  has not committed  the offence  and would  not have  committed  it had the 
stop notice  not been  served;  
(f) that the person  would  not, by reason  of any defence,  have  been  liable  to be convicted  of 
the offence  had the stop notice  not been  served;  
(g) any other  reason.   13 Completion  certificates  
12.—(1) Where,  after service  of a stop notice, the regulator  is satisfied  that the person  has taken  
the steps  specified  in the notice,  the regulator  must  issue  a certificate  to that effect  (“a completion  
certificate”).  
(2) The stop notice  ceases  to have effect  on the issue  of a completion  certificate.  
(3) The person  on whom  the stop notice  is served  may at any time apply  for a completion  
certificate.  
(4) The regulator  must  make  a decision  as to whether  to issue  a completion  certificate,  and give 
written  notice  of the decision  to the applicant,  within  14 days of such an application.  
Appeals  against  decision  not to issue  a completion  certificate  
13. The person  on whom  the stop notice  was served  may appeal  against  a decision  not to issue  a 
completion  certificate  on the grounds  that the decision — 
(a) was based  on an error  of fact; 
(b) was wrong  in law; 
(c) was unfair  or unreasonable;  
(d) was wrong  for any other  reason.  
Compensation  
14. The regulator  must  compensate  a person  for loss suffered  as the result  of the service  of a 
stop notice  or the refusal  of a completion  certificate  if— 
(a) the stop notice  is subsequently  withdrawn  or amended  by the regulator  because  the 
decision  to serve  it was unreasonable  or any step specified  in the notice  was 
unreasonable;  
(b) the person  successfully  appeals  against  the stop notice  and the First-tier Tribunal  finds 
that the service  of the notice  was unreasonable;  or 
(c) the person  successfully  appeals  against  the refusal  of a completion  certificate  and the 
First-tier Tribunal  finds  that the refusal  was unreasonable.  
Appeal  against  compensation  decision  
15. A person  may appeal against  a decision  not to award  compensation  or the amount  of 
compensation  awarded — 
(a) on the grounds  that the regulator’s  decision  was unreasonable;  
(b) on the grounds  that the amount  offered  was based  on incorrect  facts;  
(c) for any other  reason.  
Offence  
16. Whe re a person  on whom  a stop notice  is served  does not comply  with it, the person  is guilty  
of an offence  and liable — 
(a) on summary  conviction,  to a fine, or imprisonment  for a term not exceeding  twelve  
months,  or both;  or 
(b) on conviction  on indictment,  to impris onment  for a term not exceeding  two years, or a 
fine, or both.   14 PART  3 
Enforcement  Undertakings  
Enforcement  undertakings  
17.—(1) A regulator  may accept  an enforcement  undertaking  given  by a person  in a case where  
the regulator  has reasonable  grounds  to suspect  that the person  has committed  an offence  under  
Part 2 of these  Regulations.  
(2) For the purposes  of this Part, an “enforcement  undertaking”  is a written  undertaking  to take 
such action  as may be specified  in the undertaking  within  such period  as may be so specified.  
Contents  of an enforcement  undertaking  
18.—(1) An enforcement  undertaking  must  specify — 
(a) action  to secure  the offence  does not continue  or recur;  
(b) action  (including  the payment  of a sum of money)  to benefit  any person  affected  by the 
offence;  or 
(c) action  that will secure  benefit  to the environment  equivalent  to restoration  of what  has 
been,  or is likely  to have  been,  damaged  or destroyed  by the commission  of the offence.  
(2) It must  specify  the period within  which  the action  must  be completed.  
(3) It must  include — 
(a) a statement  that the undertaking  is made  in accordance  with this Schedule;  
(b) the terms  of the undertaking;  and 
(c) information  as to how and when  the person  giving  that undertaking  is to be conside red to 
have  discharged  the undertaking.  
(4) The enforcement  undertaking  may be varied,  or the period  within  which  the action  must  be 
completed  may be extended,  if both parties  agree  in writing.  
Acceptance  of an enforcement  undertaking  
19. If a regulator  has accep ted an enforcement  undertaking,  then,  unless  the person  from  whom  
the undertaking  is accepted  has failed  to comply  with the undertaking  or any part of it— 
(a) that person  may not at any time be convicted  of the offence  in respect  of the act or 
omission  to whic h the undertaking  relates;  and 
(b) a regulator  may not impose  on that person  a fixed  monetary  penalty,  a compliance  notice  
or a stop notice  in respect  of that act or omission.  
Discharge  of an enforcement  undertaking  
20.—(1) If a regulator  that has accepted  an enforcement  undertaking  is satisfied  that the 
undertaking  has been  complied  with,  it must  issue  a certificate  to that effect.  
(2) The regulator  may require  the person  who has given  the undertaking  to provide  sufficient  
information  to determine  that the undertaking  has been  complied  with.  
(3) The person  who gave  the undertaking  may at any time apply  for such a certificate.  
(4) The regulator  must  decide  whether  to issue  such a certificate,  and give written  notice  of the 
decision  to the applicant,  within  14 days of such an application.  
Appeals  against  decision  not to issue  a certificate  
21. The person  to whom  a notice  is given  under  paragraph  20(4)  may appeal  against  a decision  
not to issue  a certificate  under  paragraph  20 on the grounds  that the decision —  15 (a) was based  on an error  of fact; 
(b) was wrong  in law; 
(c) was unfair  or unreasonable;  
(d) was wrong  for any other  reason.  
Inaccurate,  misleading  or incomplete  information  
22.—(1) A person  who has given  inaccurate,  misleading  or incomplete  information  in relation  to 
an enforcement  undertaking  is to be taken  not to have  complied  with it. 
(2) A regulator  may by notice  in writing  revoke  a certificate  which  it issued  under  paragraph  20 
if it was issued  on the basis  of inaccurate,  misleading  or incomplete  informati on. 
Non-compliance  with  an enforcement  undertaking  
23.—(1) If an enforcement  undertaking  is not complied  with,  the regulator  that accepted  the 
undertaking  may either — 
(a) serve  a fixed  monetary  penalty  notice,  compliance  notice,  non-compliance  penalty  or stop 
notice;  or 
(b) bring  criminal  proceedings.  
(2) If a person  has complied  partly  but not fully  with an enforcement  undertaking,  that partial  
compliance  must  be taken  into account  in the imposition  of any criminal  or other  sanction  on the 
person.  
(3) Criminal proceedings  for an offence  to which  an enforcement  undertaking  relates  may be 
instituted  at any time up to six months  from  the date on which  the regulator  notifies  the person  
required  to comply  with that undertaking  of that person’s  failure  to do so. 
PART  4 
Non-compliance  penalties  
Non-compliance  penalties  
24.—(1) If a person  fails to comply  with a compliance  notice  or a third party  undertaking,  the 
regulator  may serve  a notice  on that person  imposing  a monetar y penalty  (a “non -compliance  
penalty”)  in respect  of the same  offence,  irrespective  of whether  a fixed  monetary  penalty  was also 
imposed  in respect  of that offence.  
(2) The amount  of the penalty  must  be determined  by the regulator,  and must  be a percentage  of 
the costs  of fulfilling  the remaining  requirements  of the compliance  notice  or third  party  
undertaking.  
(3) The percentage  must  be determined  by the regulator  having  regard  to all the circumstances  
of the case and may,  if appropriate,  be 100%.  
(4) The notice  must  include  information  as to— 
(a) the grounds  for imposing  the non-compliance  penalty;  
(b) the amount  to be paid;  
(c) how payment  may be made;  
(d) the period  in which  payment  must  be made,  which  must  not be less than 28 days;  
(e) the rights  of appeal;  
(f) the consequences  of failure  to make  payment  in the specified  period;  and 
(g) any circumstances  in which  the regulator  may reduce  the amount  of the penalty.   16 (5) If the requirements  of the compliance  notice  are complied  with or the third party  undertaking  
is fulfilled  before  the time set for payment  of the non-compliance  penalty,  the penalty  is not 
payable.  
Appeals  against  non-compliance  penalties  
25.—(1) The person  on whom  the notice  imposing  the non-compliance  penalty  is served  may 
appeal  against  it. 
(2) The grounds  of appeal  are— 
(a) that the decision  to serve  the notice  was based  on an error  of fact; 
(b) that the decision  was wrong  in law; 
(c) that the decision  was unfair  or unreasonable;  
(d) that the amount  of the penalty  was unreasonable;  
(e) any other  reason.  
PART  5 
Admi nistration  and Appeals  
Withdrawing  or amending  a notice  
26. A regulator  may at any time in writing — 
(a) withdraw  a notice  imposing  a fixed  monetary  penalty  or a notice  imposing  a non-
compliance  penalty,  or reduce  the amount  specified  in a notice  imposing  a non-
compliance  penalty;  or 
(b) withdraw  a compliance  notice  or stop notice,  or amend  the steps  specified,  in order  to 
reduce  the amount  of work  necessary  to comply  with the notice.  
Enforcement  cost recovery  notices  
27.—(1) A regulator  may serve  a notice (an “enforcement  cost recovery  notice”)  on a person  on 
whom  a relevant  notice  has been served  requiring  that person  to pay the costs  incurred  by the 
regulator  in relation  to the imposition  of the requirement  imposed  by the relevant  notice  up to the 
time of its imposition.  
(2) In sub-paragraph  (1), a “relevant  notice”  means  a fixed  monetary  penalty  notice,  compliance  
notice  or stop notice.  
(3) “Costs”  include  in particular — 
(a) investigation  costs;  
(b) administration  costs;  and 
(c) costs  of obtaining  expert  advice  (includi ng legal  advice).  
(4) The enforcement  cost recovery  notice  must  specify — 
(a) how payment  may be made;  
(b) the amount  required  to be paid;  
(c) the period  in which  payment  must  be made,  which  must  not be less than 28 days;  
(d) the grounds  for imposing  the notice;  
(e) the right  of appeal;  and 
(f) the consequences  of a failure  to comply  with the notice  in the specified  period.  
(5) The person  on whom  the notice  is served  may require  the regulator  to provide  a detailed  
breakdown  of the amount.   17 (6) The person  required  to pay costs  is not liable  to pay any costs  shown  by that person  to have  
been  unnecessarily  incurred.  
Appeals  against  enforcement  cost recovery  notices  
28. The person  required  to pay costs  may appeal — 
(a) against  the decision  of the regulator  to impose  the requirement  to pay costs; 
(b) against  the decision  of the regulator  as to the amount  of those  costs;  
(c) for any other  reason.  
Power  to recover  payments  
29. A regulator  may recover  any fixed  monetary  penalty  or non-compliance  penalty  imposed  
under  this Schedule,  on the order  of a court,  as if payable  under a court  order.  
Appeals:  general  provisions  
30.—(1) An appeal  under  paragraph  7, 11, 13, 15, 21, 25 or 28 of this Schedule  is to the First-
tier Tribunal.  
(2) All notices  (other  than stop notices)  are suspended  pending  the determination  or withdrawal  
of the appeal.  
(3) The First-tier Tribunal  may,  in relation  to the imposition  of a requirement  or service  of a 
notice  under  this Schedule — 
(a) withdraw  the requirement  or notice;  
(b) confirm  the requirement  or notice;  
(c) vary the requirement  or notice;  
(d) take such steps  as the regulator  could  have  taken  in relation  to the act or omission  giving  
rise to the requirement  or notice;  or 
(e) remit  the decision  whether  to confirm  the requirement  or notice,  or any matter  relating  to 
that decision,  to the regulator.  
 SCHEDULE  2 Regulation  14 
Amendment  of the Environmental  Protection  (Microbeads)  (England)  
Regulations  2017  
1. The Environmental  Protection  (Microbeads)  (England)  Regulations  2017  are amended  in 
accordance  with paragraphs  2 to 6. 
2. In regulati on 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  Sanc tions) —  18 (a) in the heading  of Part 1, for “Variable”  substituted  “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 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 payme nt 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  substituted  “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 parag raph 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  3 Regulation  15 
Amendment  of the Environmental  Protection  (Plastic  Straws,  Cotton  
Buds  and Stirrers)  (England)  Regulations  2020  
1. The Environmental  Protection  (Plastic  Straws,  Cotton  Buds  and Stirrers)  (England)  
Regulations  2020  are amended  in accordance  with paragraphs  2 to 7. 
2. In regulation  2 (interpretation) — 
(a) after the definition  of “enforcement  undertaking”  insert — 
““fixed  monetary  penalty”  has the meaning  given  by paragraph  1(1)(a)  of the Schedule;
”; 
(b) for the definition  of “relevant  device”  substitute —  19 ““relevant  device”  means  a medical  device  within  the meaning  given  in regulation  2 of 
the Medical  Devices  Regulations  2002( a);”; 
(c) omit the definition  of “variable  monetary  penalty”.  
3. Omit  regulation  3 (relevant  devices:  transitional  provision).  
4. In regulation  21 (publication  of information  about  enforcement  action),  in paragraph  (1)(b),  
for “variable”  substitute  “fixed”.  
5. In regulation  22 (guidance) — 
(a) in paragraph  (2), for “variable”  substitute  “fixed”;  
(b) in paragraph  (3), omit sub-paragraph  (d). 
6. Omit  regulation  23 (additional  guidance).  
7. 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 paragra ph (b) and “; and”  preceding  it; 
(e) in paragr aph 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”;  
 
(a) S.I. 2002/618. The definition of “me dical device” in regulation 2 was amended by S.I. 2008/2936.   20 (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”.  
 
 
EXPLANATORY  NOTE  
(This  note is not part of the Regulations)  
These  Regulations,  which  apply  in relatio n to England,  prohibi t persons  from  supplying  or 
offering  to supply  certain  plastic  or polystyrene  items  in the course  of a business.  
Part 2 prohibits  the supply  of single -use plastic  plates,  trays  or bowls,  balloon  sticks  and cutlery.  It 
also prohibits  the supply  of single -use polystyrene  food or drink  containers  and cups.  
Breach  of these  prohibitions  is an offence  (regulations  3 to 5), subject  to the mutual  recognition  
principle  in the United  Kingdom  Internal  Market  Act 2020  where  applicable.  The United  
Kingdom  Internal  Market  Act 2020  (Exclusions  from  Market  Access  Principles:  Single -Use 
Plastics)  Regulations  2022  (S.I. 2022/857)  exempt  most  of these  items  from  the market  access  
principles,  but not trays  and bowls.  
A civil sanctions  regime  is also introdu ced to enable  regulators  to impose  a range  of civil 
sanctions  (regulation  9 and Schedule  1). These  are fixed  monetary  penalties,  compliance  notices,  
stop notices  and enforcement  undertakings.  The Regulations  make  provision  for the procedure  
relating  to these sanctions  and the available  appeal  mechanisms.  Failure  to comply  with a stop 
notice  is an offence  (paragraph  16 of Schedule  1). All appeals  relating  to a civil sanction  are to the 
First-tier Tribunal.  
Regulations  8 and 10 provide  for enforcement  officer s to have  powers  of entry  to carry  out the 
necessary  investigations  in order  to determine  whether  an offence  has been  committed.  
Regulation  11 provides  for the publication  of information  on enforcement  action  taken  by 
regulators.  Regulation  12 provides  that guidance  relating  to the use of civil sanctions  must  be 
prepared  and consulted  on, and specify  information  to be included  in such guidance.  Regulation  
13 contains  provision  for review  of the Regulations.  
Regulators  are able to recover  the costs  of enforc ement  (paragraph  27 of Schedule  1) in the case of 
fixed  monetary  penalties,  compliance  notices  and stop notices.  
Part 6 and Schedule  2 make  amendments  to the Environmental  Protection  (Microbeads)  (England)  
Regulations  2017  to change  the provisions  for civil sanctions  to enable  regulators  to impose  fixed  
instead  of variable  monetary  penalties.  Schedule  3 makes  amendments  to the Environmental  
Protection  (Plastic  Straws,  Cotton  Buds  and Stirrers)  (England)  Regulations  2020  for that purpose,  
and also amends  the definition  of “relevant  device”  in those  Regulations  in consequence  of 
changes  to the Medical  Devices  Regulations  2002.  
A full impact  assessment  of the effect  that these  Regulations  will have  on the costs  of business  and 
the voluntary  sectors  is available  from  the Waste  Team  at the Department  for Environment,  Food  
and Rural  Affairs,  2 Marsham  Street,  London  SW1P  4DF,  and is also available  together  with these  
Regulations  at www.legislation.gov.uk .