UK Offence Report

1 A producer is guilty of an offence who— a contravenes or fails to comply with any requirement of— i…

regulation 89(1) of The Waste Batteries and Accumulators Regulations 2009

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 A producer is guilty of an offence who—

a contravenes or fails to comply with any requirement of—

i regulation 7 (financing: portable batteries);

ii regulation 9 (duty to be

a member of

a battery compliance scheme);

iii regulation 11 (information provided to operators of battery compliance schemes);

iv regulation 12 (record keeping);

v regulation 13 (reporting: portable batteries placed on the market by

a small producer);

vi regulation 15 (duty to join another scheme on withdrawal of approval);

vii regulation 16 (treatment, recycling, record keeping and reporting after withdrawal of scheme approval);

viii regulation 18 (declaration of compliance by producer);

ix regulation 26(4) (duty of

a small producer to register);

x regulation 29 (notification of changes to registration details);

xi regulation 30 (declaration of battery producer registration number);

xii regulation 35 (take back: industrial batteries);

xiii regulation 36 (collection: automotive batteries);

xiv regulation 38 (treatment and recycling);

xv regulation 39 (record keeping);

xvi regulation 40 (reporting: industrial and automotive batteries placed on the market);

xvii regulation 41 (reporting: waste batteries); xviii regulation 42 (registration of producers: industrial batteries or automotive batteries);

xix regulation 43(1) (timing of an application by

a producer to register);

xx regulation 44 (notification of changes to registration details);

xxi regulation 46 (declaration of battery producer registration number);

b furnishes information under regulation 11 (information provided to operators of battery compliance schemes), 27 (application by

a small producer to register), 29 (notification of changes to registration details), 43 (application by

a producer to register) or 44 (notification of changes to registration details) and either—

i knows the information to be false in

a material particular; or

ii furnishes the information recklessly and it is false and misleading in

a material particular;

c furnishes

a declaration of compliance under regulation 18 (declaration of compliance by producer) and either—

i knows the information provided in, or in connection with, the declaration to be false in

a material particular; or

ii furnishes the information recklessly and it is false and misleading in

a material particular;

d furnishes

a report under regulation 13 (reporting: portable batteries placed on the market by

a small producer), 16(5) or (6) (reporting: portable batteries), 40 (reporting: industrial and automotive batteries placed on the market) or 41 (reporting: waste batteries) and either—

i knows the information provided in, or in connection with, the report to be false in

a material particular; or

ii furnishes the information recklessly and it is false and misleading in

a material particular.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a producer
Conduct
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (recklessly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: recklessly.

What would breach regulation 89(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Entering a figure on a form or return that is known to be wrong under the Waste Batteries and Accumulators Regulations 2009.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

The Ministry of Justice records offences under this instrument against offence code 9188 — 09188 - Producer of portable batteries, placed on market in UK, failed to comply with requirement to finance net costs of collection, treatment and recycling of all waste portable batteries collected in UK, Waste Batteries and Accumulators Regulations 2009. That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
7 April 2009
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations partially implement Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ No L 266, 26.9.2006, p 1). There is a relevant corrigendum which affects the date mentioned in Article 12(4) (OJ No L 311, 10.11.2006, p 58). Other implementing measures are the Batteries and Accumulators (Placing on the Market) Regulations 2008 (S.I. 2008/2164), which implement Articles 4, 6(2), 11 and 21(1), (3), (4), (5) and (6) and the Waste Batteries and Accumulators (Charges) Regulations (Northern Ireland) 2009 (S.R. 2009/157), which make provision in Northern Ireland for appropriate authorities to charge battery compliance schemes, treatment facilities and exporters of waste batteries. Part 1 of the Regulations contains general provision. The Regulations apply to all batteries other than those used in certain equipment connected with the essential security interests of EEA states and equipment designed to be sent into space (regulation 6). In the Regulations, references to batteries include references to accumulators. The Regulations divide batteries into three categories: automotive batteries, industrial batteries and portable batteries. Those terms are defined in regulation 2(1). Parts 2, 3, 4 and 6 of the Regulations make provision specifically in relation to portable batteries. Part 2 imposes obligations on producers of portable batteries (the term “producer” is defined in regulation 2(1)). Regulations 7 and 8 require that producers of portable batteries other than small producers (defined in regulation 2(1)) each finance the costs of collection, treatment and recycling of a share of all the portable batteries placed on the market for the first time in the United Kingdom. Regulation 9 requires producers of portable batteries other than small producers to join a battery compliance scheme and regulation 10 provides that such membership exempts a producer from its financing obligation and the need to demonstrate individual compliance with that obligation. Regulation 11 requires scheme members to provide information to battery compliance schemes, regulation 12 requires them to keep records and regulation 13 requires small producers to provide information to the appropriate authority. Regulation 14 sets the charge which an appropriate authority in England, Wales or Scotland may make in relation to small producers. This applies until 1st April 2013, or until the appropriate authority makes a charging scheme, whichever is earlier. Equivalent provision is made in respect of Northern Ireland by the Waste Batteries and Accumulators (Charges) Regulations (Northern Ireland) 2009 (S.R. 2009/157). Regulations 15 to 18 apply to a producer of portable batteries after withdrawal of approval of the battery compliance scheme to which it belongs, until it has joined a new scheme. The producer must join another scheme within a specified time and in the meantime must fulfil its financing obligation itself, ensure that the batteries it collects are delivered for treatment and recycling, keep records, and make quarterly reports and an annual declaration of compliance to the appropriate authority. Part 1 of Schedule 1 contains the details which must be included in such a declaration. Part 3 makes provision in relation to battery compliance schemes and registration of producers of portable batteries. Regulation 19 requires a scheme operator to finance the sum of its members’ collection, treatment and recycling obligations, as well as the costs of collection, treatment and recycling of any waste batteries it collects in excess of those obligations and the costs of a scheme information campaign. Scheme operators must ensure that all waste batteries they collect are delivered for treatment and recycling to an approved battery treatment operator or an approved exporter (regulation 21). Regulations 22 to 24 provide that scheme operators must report on the amounts of batteries placed on the market for the first time in the UK by their members, the amounts of waste batteries collected by them and delivered for treatment and recycling, and must make an annual declaration of compliance with their financing obligations. Part 2 of Schedule 1 contains the details which must be included in such a declaration. Regulations 26 to 29 require producers of portable batteries to be registered with the appropriate authority and changes to the registration information to be notified. Schedule 2 sets out the information which must be supplied with an application for registration. Part 4 makes provision in relation to the obligations and rights of distributors of portable batteries and of other economic operators. Regulation 31 requires distributors of portable batteries to take back waste portable batteries free of charge. The requirement does not apply to small distributors (defined in regulation 31). Regulation 32 requires scheme operators to arrange on request for the pick up from distributors of the waste batteries taken back. Regulation 33 requires scheme operators to accept waste portable batteries from economic operators at facilities provided by the scheme operators. Part 6 provides for the approval of battery compliance schemes. Applications are made under regulation 47 to the appropriate authority and must include the information set out in Part 1 of Schedule 3 and an operational plan containing the information set out in Part 2 of Schedule 3. Further information may be requested under regulation 48. Regulation 49 requires the approval decision to be made using the criteria for approval of a proposed scheme set out in Part 3 of Schedule 3. Approvals remain in force unless they are withdrawn (regulation 50). Regulation 51 contains conditions of approval. They include annual submission of an updated operational plan covering the next 3 compliance periods. Breach of these conditions are a ground for withdrawal of scheme approval; withdrawal of approval is dealt with by regulation 54. Regulation 55 sets the charges which an appropriate authority in England, Wales or Scotland may make in relation to the approval and subsistence of a battery compliance scheme. These apply until 1st April 2013, or until the appropriate authority makes a charging scheme, whichever is earlier. Equivalent provision is made in respect of Northern Ireland by the Waste Batteries and Accumulators (Charges) Regulations (Northern Ireland) 2009 (S.R. 2009/157). Part 5 of the Regulations makes provision specifically in relation to industrial and automotive batteries. Regulation 35 imposes obligations on producers of industrial batteries to take back waste industrial batteries free of charge from end-users of such batteries on request. Regulation 36 imposes obligations on producers of automotive batteries to collect waste automotive batteries free of charge from final holders of such batteries on request (see regulation 2 for the definition of a final holder of automotive batteries). However, producers of industrial and automotive batteries may enter into contracts making alternative arrangements for financing the costs of the collection, treatment and recycling of waste batteries (regulation 37). Producers of industrial and automotive batteries must ensure that all waste batteries they take back or collect are delivered for treatment and recycling to an approved battery treatment operator or an approved exporter (regulation 38). Regulations 39 to 41 provide that producers must report on and keep records of the amount of batteries placed by them on the market for the first time in the UK and the amount of waste batteries collected by them and delivered for treatment and recycling. Regulations 42 to 46 require producers to be registered with the Secretary of State and to notify any changes in the registration information. Schedule 2 sets out the information which must be supplied with an application for registration. Part 7 makes provision in relation to disposal, treatment and recycling of waste batteries. Regulation 56 prohibits the disposal in England, Wales and Northern Ireland of waste industrial or automotive batteries in landfill or by incineration. Regulation 57 restricts the issue of batteries evidence notes (evidencing the delivery of waste portable batteries for treatment and recycling) to approved battery treatment operators and approved exporters. The evidence notes must relate to waste portable batteries accepted by them at sites to which their approval relates. Regulation 57 also prohibits the treatment and recycling of waste industrial or automotive batteries by anyone other than an approved battery treatment operator or an approved battery exporter who has accepted those waste batteries at a site to which their approval relates. Regulations 58 to 61, read with Part 1 of Schedule 4, set out the procedure for approval of a battery treatment operator or exporter. Regulation 62 provides for extension of an exporter’s approval to cover sites not covered by the original approval. Regulation 63 and Parts 2, 3 and 4 of Schedule 4 set out the conditions of approval of a battery treatment operator or battery exporter. In particular, Part 2 of that Schedule includes requirements relating to treatment standards and recycling efficiencies, and Parts 3 and 4 make provision relating to the issue of batteries evidence notes. Breach of these conditions is grounds for suspension or cancellation of approval (regulation 64). Regulation 65 sets the charges which an appropriate authority in England, Wales or Scotland may make in relation to the approval of battery treatment operators and exporters. These apply until 1st April 2013, or until the appropriate authority makes a charging scheme, whichever is earlier. Equivalent provision is made in respect of Northern Ireland by the Waste Batteries and Accumulators (Charges) Regulations (Northern Ireland) 2009 (S.R. 2009/157). Regulations 66 and 67 impose on approved battery treatment operators and approved exporters, respectively, requirements to report to the appropriate authority and to keep records. Part 8 makes provision in relation to the powers and duties of the Secretary of State. Part 9 and Schedule 6 impose duties on the appropriate authorities. Part 10 makes provision in relation to disclosure of information. Part 11 and Schedule 7 makes provision for appeals. Part 12 makes provisions for enforcement. Part 13 provides for offences and penalties. Part 14 (regulation 92) and Schedule 8 make amendments to other enactments. An Impact Assessment of the effect that this instrument will have on the costs of compliance to businesses and the environmental benefits is available from the Business Group, Department for Business, Enterprise and Regulatory Reform (BERR), 1 Victoria Street, London SW1H 0ET and at www.berr.gov.uk/sectors/sustainability. As these Regulations partially transpose a Directive, a transposition note setting out how the Government has transposed the Directive in the United Kingdom has been prepared. Copies of the Impact Assessment and transposition note are available from BERR as above. Copies of these documents have been placed in the libraries of both Houses of Parliament and are also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source