UK Offence Report

Amendment of Part 10 (offences and civil sanctions)

regulation 10(2) of The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025

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

2 In regulation 118 (further offences), after paragraph (4), insert— 4A It is an offence in Scotland for— a a licensor to which Part 1 of Schedule 10 applies to fail to— i collect and keep data as required by paragraph 5 of Schedule 10; or ii report data as required by paragraph 6 of Schedule 10; b a pub operating business to which Part 2 of Schedule 10 applies to fail to— i collect and keep data as required by paragraph 12 of Schedule 10; or ii report data as required by paragraph 13 of Schedule 10. .

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 This is the text as originally made; later amendments are not shown here.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 person
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 10(2)?

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. Not doing what the provision requires under the Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

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

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
17 December 2025
In force from
1 January 2026
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 amend the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (S.I. 2024/1332) (“the 2024 Regulations”). Regulation 4(2) amends regulation 7 of the 2024 Regulations (packaging and packaging categories) by amending the definition of “fibre-based composite material” and inserting a definition of “paper or board”, two of the packaging categories prescribed in the 2024 Regulations. Regulation 4(5) amends regulation 12 of the 2024 Regulations (exclusion of charities) so that, instead of being excluded from the application of the 2024 Regulations in their entirety, charities are only excluded from the application of provisions of the 2024 Regulations which impose obligations on producers. Regulation 5(1) and (2) amend provisions in Part 2 of the 2024 Regulations (producers and obligations) which define classes of producers and specify the packaging in relation to which they are producers for the purposes of the Regulations. Regulation 5(6) and Schedule 1 insert new regulations 27A (corporate mergers), 27B (transfers of ownership of a brand or business) and 27C (transfers of ownership: further obligations where the transferor is a large producer) in the 2024 Regulations. Regulation 6 amends regulation 34 of the 2024 Regulations (record-keeping obligations) to require records and evidence to be kept by producers who collect and send certain packaging waste for recycling in a closed loop recycling arrangement. Regulation 7 and Schedule 2 amend provisions in Part 5 of the 2024 Regulations (disposal costs) about the calculation of disposal fees and administration fees payable by liable producers. Among other things, these amendments— enable closed loop packaging waste, defined in regulation 34(5A) of the 2024 Regulations as inserted by regulation 6(4)(e), to be offset against the weight of household packaging waste supplied by a liable producer which is used in calculating the producer’s disposal fees; enable the scheme administrator to take into account, in modulating liable producers’ disposal fees for household packaging waste, whether the amount of packaging used by a producer is no more than reasonably necessary to fulfil its purpose; and make provision for the late assessment of a liable producer’s disposal and administration fees. Regulation 10 amends regulations 115 and 118 of the 2024 Regulations (offences), and regulation 16 amends the table of civil sanctions in Schedule 13 to the 2024 Regulations. The amendment to regulation 118 makes it an offence in Scotland for pub operating businesses and licensors to fail to comply with obligations in Schedule 10 to the 2024 Regulations. Regulation 12 amends the charges prescribed in Schedule 1 to the 2024 Regulations. Regulation 13 amends Schedule 4 to the 2024 Regulations (producer reporting information) to include a requirement to report closed loop packaging waste. Regulation 14 and Schedule 3 amend Schedule 7 to the 2024 Regulations (the scheme administrator) to confer power on the scheme administrator to appoint one or more other bodies (a “Producer Responsibility Organisation”) to carry out on its behalf such of the scheme administrator’s functions as are specified in the appointment. Other minor and consequential amendments are also made to the 2024 Regulations. Regulation 18 and Schedule 4 contain transitional provisions. A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen.

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.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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