The Packaging Waste (Data Reporting) (Scotland) Regulations 2023 (revoked)
Scottish Statutory Instrument 2023 No. 7 — creates 6 criminal offences.
- Made
- 17 January 2023
- In force from
- 28 February 2023
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- Regulatory Reform (Scotland) Act 2014
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 impose requirements on producers who are established in Scotland to collect data on the packaging they supply to others, and, in some cases, to report some of that information to the Scottish Environment Protection Agency (SEPA). Part 1 (regulations 1 to 14) contains the interpretation and general provisions for the instrument. Part 2 (regulations 15 to 18) sets out the obligations on producers. Schedule 1 identifies the information which producers are required to collect and report on. Schedule 2 determines whether licensors or pub operating businesses are subject to obligations on producers. Part 3 (regulations 19 to 21) makes provision for registered schemes and exempts producers who are members of a registered scheme from their data reporting obligations under these Regulations provided that they satisfy the requirements in regulation 19(2). Registered schemes are required to make reports on behalf of each of their members who satisfy these requirements. Part 3 also makes provision in relation to changes to the membership of a scheme in the middle of a relevant year. Part 4 (regulations 22 to 27) sets out the powers and duties of SEPA under these Regulations. Part 5 (regulations 28 and 29) provides for a number of offences and penalties for breach of the requirements imposed by these Regulations. A partial Business Regulatory Impact Assessment of the effect that this instrument will have on the costs of business has been placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government, Environmental Quality Division, Area 3H South, Victoria Quay, Edinburgh EH6 6QQ, and online at legislation.gov.uk.
Offences created by this instrument
- A person who contravenes the requirement in regulation 14(3) (notice to SEPA) commits an offence regulation 28(1) · Status not determined · Strict liability
- A producer who contravenes a requirement of— a regulation 16 (data collection obligations), b regulation 17 (data… regulation 28(2) · Status not determined · Strict liability
- The operator of a registered scheme who contravenes a requirement under— a regulation 20(1) (data reporting… regulation 28(3) · Status not determined · Strict liability
- A person who furnishes any information to SEPA in connection with SEPA’s functions under these Regulations commits an… regulation 28(4) · Status not determined · Requires proof of a state of mind
- A person who fails without reasonable excuse to comply with any requirement imposed in a notice under regulation 23(3)… regulation 28(5) · Status not determined · Mixed — some elements strict, some not
- A person who intentionally delays or obstructs a person authorised by SEPA in the exercise of powers referred to in… regulation 28(6) · Status not determined · Requires proof of a state of mind
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 2023