
1 
This Order may be cited as the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2023 and comes into force on the day after the day on which it is made.
2 

(1) The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 is amended in accordance with paragraphs (2) and (3).
(2) In the table in schedule 4 (relevant offences and fixed penalty amounts), under the heading Deposit Return Scheme for Scotland Regulations 2020, after the fifth row (Regulation 31(1)(e) (contravention of regulations 5(3) (requirement to communicate certain information when marketing, offering for sale or selling a scheme article))), insert (as a new row and in the appropriate columns)—
Regulation 31(1)(f) (contravention of regulation 5(3A) (requirement to communicate certain information when marketing, offering for sale, or selling a non-scheme article to a purchaser other than a consumer)) YES YES YES MEDIUM
(3) At the end of the table in schedule 4, after the final row insert (as new rows and in the appropriate columns)—
The Packaging Waste (Data Reporting) (Scotland) Regulations 2023
Regulation 28(1) (contravention of regulation 14(3) (incapacity reporting obligation)) YES YES YES LOW
Regulation 28(2)(a) (contravention of regulation 16 (data collection obligations)) YES YES YES MEDIUM
Regulation 28(2)(b) (contravention of regulation 17 (data reporting obligations)) YES YES YES MEDIUM
Regulation 28(2)(c) (contravention of regulation 18 (notification of winding-up, receivership, administration etc.) YES YES YES LOW
Regulation 28(3)(a) (contravention of regulation 20(1) (data reporting obligations)) YES YES YES MEDIUM
Regulation 28(3)(b) (contravention of regulation 20(2) (data collection obligation)) YES YES YES MEDIUM
Regulation 28(4)(a) (knowingly furnishing false or misleading information to SEPA) YES YES YES HIGH
Regulation 28(4)(b) (recklessly furnishing false or misleading information to SEPA) YES YES YES HIGH
Regulation 28(5) (failing to comply with any requirement imposed in a notice under regulation 23(3)) YES YES YES MEDIUM
Regulation 28(6) (intentionally delaying or obstructing a person authorised by SEPA in the exercise of powers referred to in regulation 26) YES NO NO LOW
LORNA SLATER
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
2nd March 2023