The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025
Source: legislation.gov.uk (2025-06-25)

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.

Scottish Statutory Instruments

2025 No. 199

Environmental Protection

Enforcement

The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025

Made

25th June 2025

Coming into force

26th June 2025

The Scottish Ministers make the following Order in exercise of the powers conferred on them by sections 20(1), 23(1), 27(1) and 58(1) of the Regulatory Reform (Scotland) Act 2014(1 (\"#f00001\")) and all other powers enabling them to do so.

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(2 (\"#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(3 (\"#f00003\"))Regulation 115(1)(a) (carrying on business as a producer without being registered as required by regulation 25(1)(a))YESYESYESMEDIUMRegulation 115(1)(b) (failure to apply for registration by the date specified in regulation 28(1), (2) or (3))YESYESYESMEDIUMRegulation 115(1)(c) (failure to keep records as required by regulation 25(1)(b))YESYESYESMEDIUMRegulation 115(1)(d) (failure to report information as required by regulation 25(1)(c) or (d), or (3)(c))YESYESYESMEDIUMRegulation 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)YESYESYESMEDIUMRegulation 115(3)(a) (failure to comply with producer’s recycling obligation under regulation 25(2)(a))NOYESYESNOT APPLICABLERegulation 115(3)(b) (failure to keep evidence as required by regulation 25(2)(b))YESYESYESMEDIUMRegulation 115(3)(c) (failure to furnish a certificate of compliance as required by regulation 25(2)(c))YESYESYESLOWRegulation 115(4) (failure of a registered producer to comply with a condition of registration in regulation 31(b) or (c))YESYESYESMEDIUMRegulation 116(a) (operating a compliance scheme without registering under regulation 43(1)(b) and 51(1))YESYESYESMEDIUMRegulation 116(b) (breach of a condition of a compliance scheme’s registration in regulation 53)YESYESYESMEDIUMRegulation 116(c) (failure to carry out the obligation to apply for the registration of a compliance scheme member under regulation 43(3)(a))YESYESYESMEDIUMRegulation 116(d) (failure to make an application for registration of a compliance scheme member by the required date under regulation 44(1)(a))YESYESYESMEDIUMRegulation 116(e) (failure to report information as required in relation to a compliance scheme member under regulations 43(3)(b) and 44(2))YESYESYESMEDIUMRegulation 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)YESYESYESMEDIUMRegulation 116(g) (failure to carry out the recycling obligations under regulation 43(3)(c) and 44(3))YESYESYESMEDIUMRegulation 116(h) (failure to keep records and make returns to SEPA as required by regulations 43(6)(a) and 55)YESYESYESMEDIUMRegulation 116(i) (failure to submit a statement of compliance to SEPA as required by regulation 56)YESYESYESLOWRegulation 116(j) (failure to give notice as required under regulations 49(5) or 54(4))YESYESYESMEDIUMRegulation 117(1)(a) (operating a reprocessing site for a category of packaging waste without being registered with SEPA in accordance with regulation 85)YESYESYESMEDIUMRegulation 117(1)(b) (exporting a category of packaging waste without being registered with SEPA in accordance with regulation 86)YESYESYESMEDIUMRegulation 117(2)(a) (failure to comply with a condition of registration in regulation 88)YESYESYESMEDIUMRegulation 117(2)(b) (contravention of a requirement in regulation 91 or in Part 2 of schedule 8)YESYESYESMEDIUMRegulation 117(3)(a) (issuing a PRN otherwise in accordance with regulation 92(1))YESYESYESMEDIUMRegulation 117(3)(b) (issuing a PERN otherwise than in accordance with regulation 92(2))YESYESYESMEDIUMRegulation 117(3)(c) (knowingly or recklessly issuing a PRN or PERN pursuant to false or misleading information)YESYESYESHIGHRegulation 117(4) (failure to comply with a condition of accreditation to issue PRNs or PERNs in regulation 98 or Part 3 of schedule 8)YESYESYESMEDIUMRegulation 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))YESYESYESHIGHRegulation 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)YESYESYESMEDIUMRegulation 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)YESNONOLOWRegulation 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)YESYESYESMEDIUMRegulation 118(4) (failure of a holding company to comply with the certification obligation in paragraph 5(2)(b) of schedule 9)YESYESYESLOWRegulation 118(5) (failure to comply with a compliance notice imposed under regulation 121)YESYESYESMEDIUM”

GILLIAN MARTIN

A member of the Scottish Government

St Andrew’s House,

Edinburgh

25th June 2025

EXPLANATORY NOTE

(This note is not part of the Order)

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.

(1)

2014 asp 3 (\"http://www.legislation.gov.uk/id/asp/2014/3\").

(2)

S.S.I. 2015/383 (\"http://www.legislation.gov.uk/id/ssi/2015/383\") as amended by S.S.I. 2016/161 (\"http://www.legislation.gov.uk/id/ssi/2016/161\"), S.I. 2017/1200 (\"http://www.legislation.gov.uk/id/uksi/2017/1200\"), S.S.I. 2018/219 (\"http://www.legislation.gov.uk/id/ssi/2018/219\"), S.S.I. 2020/155 (\"http://www.legislation.gov.uk/id/ssi/2020/155\"), S.S.I. 2021/412 (\"http://www.legislation.gov.uk/id/ssi/2021/412\") and S.S.I. 2023/69 (\"http://www.legislation.gov.uk/id/ssi/2023/69\").

(3)

S.I. 2024/1332 (\"http://www.legislation.gov.uk/id/uksi/2024/1332\").