UK Offence Report

Amendment of the Waste Electrical and Electronic Equipment Regulations 2013

regulation 18 of The Waste Electrical and Electronic Equipment (Amendment, etc.) 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

18 After regulation 90(2) (offences) insert— 2A In

a case where regulation 24A applies, the non-UK supplier or that person’s authorised representative will be guilty of an offence if he contravenes or fails to comply with any requirements of regulation 22,

23 or 24. .

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 This is the text as originally made; later amendments are not shown here.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 non-uk supplier
Conduct
failing to comply with a notice or direction
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 non-uk supplier 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 18?

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. On these words an offence is committed where a non-uk supplier contravenes or fails to comply with any requirements of regulation 22, 23 or 24.
  2. Being served with a notice under the Waste Electrical and Electronic Equipment (Amendment, etc.) Regulations 2025 and doing nothing by the date it specifies.
  3. Doing part of what the notice requires, where it required all of it.
  4. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

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
22 July 2025
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 amend the Waste Electrical and Electronic Equipment Regulations 2013 (S.I. 2013/3113) (“the principal Regulations”). Regulation 5 amends the meaning of “producer” in the principal Regulations to include an “online marketplace operator” in circumstances where that person supplies EEE to private households in the United Kingdom which originate from a person who is not established in the United Kingdom (a “non-UK supplier”). There are corresponding amendments to the definition of “placing on the market” (regulation 4(c)). The online marketplace operator is also defined as an “OMP producer” in those circumstances in respect of EEE originating from the non-UK supplier, with exceptions from certain requirements otherwise applicable to producers under the principal Regulations. These are the requirements under regulations 22 to 24 to mark EEE and give information on new types of EEE (regulations 10 and 11); regulation 74 concerning product design (regulation 16); paragraph 10 of Schedule 8 concerning brand names of EEE (regulation 22(b)); and Schedule 9 concerning minimum requirements for shipments (regulation 23). OMP producers are required to keep records of how much of the amount of EEE placed on the market in their capacity as OMP producers comprises EEE originating from non-UK suppliers (regulation 9) with corresponding amendments for reporting requirements (regulation 13). They must submit a description of their methodology for calculating this amount (regulation 22(e)) and confirm that the calculation is made in accordance with that methodology (regulations 8 and 13). Their status as OMP producers must be reported in an application for registration as a producer (regulation 22(c)). OMP producers who are not established in the United Kingdom must join a scheme or appoint an authorised representative to fulfil their producer obligations (regulation 6). Schedule 3 to the principal Regulations is amended to introduce a separate category 7.1 in respect of devices intended to be used for the consumption of various substances. These devices are identified as a category of EEE subject to producer and scheme obligations (regulation 20), with a corresponding amendment to Schedule 4 to the Regulations to non-exhaustibly list some of the types of EEE concerned such as vapes, electronic cigarettes and heated tobacco products (regulation 21). Such devices are included as a new stream within the definition of “WEEE collection stream” (regulation 4(b)(x)). Part 3 makes transitional provision. No impact assessment has been produced for this instrument as no, or 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 0.92.

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