The Environmental Protection (Cotton Buds) (Scotland) Regulations 2019
Scottish Statutory Instrument 2019 No. 271 — creates 4 criminal offences.
- Made
- 29 August 2019
- In force from
- 12 October 2019
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- Environmental Protection Act 1990
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations prohibit the manufacture and the sale of plastic stemmed cotton buds and come into force on 12 October 2019. Regulation 3 provides that it is an offence for a person to manufacture, supply, offer to supply, or have in their possession for supply, any plastic stemmed cotton bud. A person found guilty of such an offence will be liable on summary conviction to a fine not exceeding £5,000 or on conviction on indictment to a term of imprisonment not exceeding 2 years or a fine not exceeding £5,000 or both. Regulation 4 makes provision for offences by bodies corporate, Scottish partnerships and unincorporated associations. Regulation 5 provides that a local authority may authorise any person to exercise any of the powers specified in regulation 6. Regulation 6 makes provision for enforcement officer powers of entry and associated powers to carry out investigations in order to determine whether an offence under regulation 3 has been, or is being, committed. It also includes provision for entry under warrant, where the use of force to effect entry may be required.
Offences created by this instrument
- A person who uses plastic to manufacture plastic-stemmed cotton buds commits an offence regulation 3(1) · Status not determined · Strict liability
- A person who supplies, offers to supply, or has in their possession for supply, plastic-stemmed cotton buds, commits… regulation 3(2) · Status not determined · Strict liability
- Where— a an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other… regulation 4(1) · Status not determined · Strict liability
- b it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on… regulation 4(1)(b) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2019