Waste offences

Options available to waste offences we regulate

Control of Pollution (Amendment) Act 1989

Section 1(1)

Carrying controlled waste while unregistered.

Summary only offence. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • A Compliance Notice
  • A Stop Notice

The power to issue a compliance or stop notice in respect of this offence is granted by regulations 38(3) and 39(3) of the Waste (England and Wales) Regulations 2011, which came into force on 29 March 2011. See also regulation 45 of the Waste Regulations 2011.

Section 5(7)(a)

Failure, without reasonable excuse, to produce evidence of carrier registration

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available

Section 5(7)(b)

Failure to give any assistance reasonably requested when asked to produce evidence of carrier registration

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Section 5(7)(c)

Obstruction.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Section 7(3)(a)

Failing to provide information

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Section 7(3)(b)

Provide false or misleading information or recklessly provides information which is false or misleading in a material particular.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Section 7(5)

Offence by another person.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Section 7(6)

Offence by officer or manager of a body corporate.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Environmental Protection Act 1990

Section 33

s.33(1)(a): Depositing, knowingly causing or knowingly permitting the deposit of controlled waste or extractive waste on land without, or other than in accordance with, an environmental permit.
s.33(1)(b): Submit controlled waste or knowingly cause or knowingly permit controlled waste to be submitted to a listed operation, other than as operated within Section 33(1)(a) without, or not in accordance with a permit.
s.33(1)(c): Treating, keeping or disposing of controlled waste or extractive waste in a manner likely to cause pollution or harm human health.
s.33(5): Controlling, or being in a position to control, a vehicle carrying controlled waste and/or from which controlled waste is deposited in contravention of Section 33(1)(a) EPA 1990.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions which can be imposed:

  • Stop notice

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 34

s.34(1)(a) & 34(6): Failure to take reasonable measures to prevent any contravention by any other person of Section 33 of the EPA 90.
s.34(1)(aa) & 34(6): Failure to take reasonable measures to prevent any contravention by any other person of Regulation 12 of the Environmental Permitting Regulations or of a condition of an environmental permit.
s.34(1)(b) & 34(6): Failure to take reasonable measures to prevent the escape of waste from their control or that of any other person.
s.34(1)(c)(i) & 34(6): Failure to take reasonable measures to ensure that the transfer of waste is to an authorised person or to a person for authorised transport purposes.
s.34(1)(c)(ii) & 34(6): Failure to take reasonable measures to secure that there is a written description of the waste that will enable other persons to avoid a contravention of Section 33 EPA or Regulation 12 of the Environmental Permitting Regulations or a contravention of a condition of an environmental permit or the duty as relates to the escape of waste.s.34(1A)(a) & 34(6): Failure by any person who is responsible for the management of extractive waste to take reasonable measures to prevent any contravention by any other person of Section 33 of the EPA 90.
s.34(1A)(b) & 34(6): Failure by any person who is responsible for the management of extractive waste to take reasonable measures to prevent any contravention by any other person of Regulation 12 of the Environmental Permitting Regulations or of a condition of an environmental permit.
s.34(1A)(c) & 34(6): Failure by any person who is responsible for the management of extractive waste to take reasonable measures to prevent the escape of waste from their control or that of any other person.
s.34(2A) & 34(6): Failure by a householder to take reasonable measures in the circumstances to ensure that waste is passed to an authorised person or person for authorised transport purposes.
s.34(5) & 34(6): Failure to incorporate certain specified information on a transfer note or failure to make or retain transfer notes.
s.34(5) & 34(6): Failure to comply with a Section 34(5) notice to furnish transfer notes.*

Standard criminal and offence specific responses are:

  • Warning
  • Formal caution
  • Prosecution
  • Fixed penalty notice *except for failure to furnish documents under 34(5) & 34(6) for which Fixed Penalty Notices are available - see 34(A)

Civil sanctions not are not available for this offence.

Section 59(5)

Non-compliance with a Section 59 EPA 1990 notice without reasonable excuse.

Summary only offence.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Section 59ZB(6)

Non-compliance with a Section 59ZB or 59ZC EPA 1990 notice without reasonable excuse.

Summary only offence.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Relevant commencement date: 8 May 2018.

Section 71(3)

Non-compliance with a Section 71 EPA 1990 notice without reasonable excuse.

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed:

  • Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 157

s.157(1): Criminal liability of directors, managers and secretaries in relation to offences that their company (body corporate) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
s.157(2): Liability of members of a body corporate where they manage the company affairs.

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

This does not require enforcement action against the first party and different responses can be given to each.

Civil sanctions are only available for this offence where they are available for the offence for which the body corporate is guilty.

Waste and Emissions Trading Act 2003

Section 13(2)

Failure of a landfill operator to provide a prescribed return to the NRW or failure to keep records in a prescribed manner.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Section 13(4)(a)

Obstruction

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Section 13(4)(b)

Failure to comply with a requirement made by an officer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Hazardous Waste (England and Wales) Regulation 2005

Regulation 19

Hazardous waste mixed with non-hazardous waste, a different category of hazardous waste (or any other substance) other than in accordance with Regulation 19(2), (3) and (4).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Restoration Notice
  • Variable Monetary Penalty
  • Stop Notice

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 20

Where mixed hazardous waste has not been separated in accordance with Regulation 20.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Restoration Notice
  • Variable Monetary Penalty
  • Stop Notice

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 34

Use of non-unique consignment codes or not in accordance with the NRW’s coding standard.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 35

Failure to use consignment notes in accordance with Regulation 35.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 36

Failure to use consignment notes in accordance with Regulation 36 (standard procedure).

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 37

Failure to prepare and/or complete a schedule of carriers where more than one carrier transports, or is to transport, a consignment.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 39

Failure to use consignment notes for removal of ships’ waste to reception facilities, in accordance with Regulation 39.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 40

Failure to use consignment notes for removal of ships’ wastes other than to reception facilities, in accordance with Regulation 40.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 41

Failure to use consignment notes for removal of wastes by pipeline, in accordance with Regulation 41.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 42

Failure to use consignment notes for rejecting consignments, in accordance with Regulation 42.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 43

Failure to use further consignment notes for a rejected consignment, in accordance with Regulation 43.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 46

Failure to use consignment notes for cross-border movements of waste, in accordance with Regulation 46 and Schedule 7.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 47

Where records of the place of discharge on land of hazardous waste are not kept, maintained or retained as specified.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 48

Where records and inventories of hazardous waste are not kept, maintained or retained as specified.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 49

Failure of a producer, holder, consignor, dealer or broker to keep, maintain or retain chronological records as specified.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 50

Failure of a carrier to keep, maintain or retain chronological records as specified.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 51

Failure of a person to keep and/or surrender registers and records as required by Regulations 47 to 50.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 53

Where the operator of a consignee facility receiving hazardous waste fails to make a consignee quarterly return for all hazardous waste received at that facility within the time periods set out in Regulation 53(4).

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 54

Failing to provide consignee returns to the producer, holder or consignor within one month of the end of the quarter in which any related waste was accepted.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 55

Non-compliance with a Regulation 55 notice.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions from 15th of July 2010

Regulation 62

Where, in the case of emergency and grave danger, a holder of hazardous waste had not taken all lawful and reasonable steps to avert or mitigate the emergency or grave danger.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Restoration Notice
  • Variable Monetary Penalty
  • Stop Notice

Civil sanctions from 15th of July 2010

Regulation 68

False and misleading information

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
  • Fixed Penalty Notice (A FPN is available for this offence, only in relation to Regulations 21,
    22, 24-26, 34, 35-37, 39-43, 46, 53, 54 or 55)

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Producer Responsibility Obligations (Packaging Waste) Regulations 2007

Regulation 40(1)(a)

Producer fails to register.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Fixed Monetary Penalty
  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 40(1)(b)

Producer fails to recover/recycle. Where an obligated person has failed to recover/recycle or a small producer has failed to recycle their obligation.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 40(1)(c)

Producer fails to furnish certificate. Where a producer fails to furnish a certificate of compliance by due date.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Fixed Monetary Penalty

Civil sanctions from 15th of July 2010

(includes providing such information as required by Regulation 26(1)(b)).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Regulation 40(3)

Where an operator of a scheme fails to recover or recycle his obligation.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Regulation 40(4) & 23(1)

Unlawful issue of a packaging waste recovery note (PRN)

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 40(4) & 23(2)

Unlawful issue of a packaging waste export recovery notes (PERN).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Civil sanctions from 15th of July 2010.

Regulation 40(4) & Schedule 5(1)(a)

Issuing a PRN for more than the total amount of packaging waste.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 40(4) & Schedule 5(1)(d)

Issuing a PERN for more than the total amount of packaging waste.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 40(5)(a) or (b)

Knowingly or recklessly providing false or misleading information given to the NRW in performance of its functions or to which Regulation 19 applies

Regulation 40(6)

Non-compliance with a Regulation 31(3) notice.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 40(7)

Obstruction.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions from 15th of July 2010.

Regulation 40(8)(a)

Group fails to recover/recycle. Where there is a group registration and it does not recover or recycle in accordance with its obligations, action will be taken against the holding company.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 15th of July 2010

Regulation 40(8)(b)

Group fails to furnish certificate. Where there is a group registration and it does not furnish the certificate by the due date, action will be taken against the holding company.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Fixed Monetary Penalty

Civil sanctions from 15th of July 2010

Transfrontier Shipment of Waste Regulations 2007

Regulation 17

Failure to comply with Article 49(1), manage shipments of waste in an environmentally sound manner and without endangering health.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 18

(a) Transport of waste other than in accordance with the notification or movement document.

(b) Transport of waste to which the procedural requirements of Article 18(1) apply other than in accordance with the Annex VII document.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 19(2)

(a) Transport of waste without notifying the competent authority of dispatch in accordance with Article 4.

(b) Transport of waste without a contract or declaration having been made in accordance with Article 5.

(c) Transport of waste without a financial guarantee or equivalent insurance being in place and approved by the competent authority in accordance with Article 6.

(d) Transport of waste without required consent having been issued by any concerned competent authority.

(e) (i) Transport of waste without the movement document having been completed in accordance with Article 16, first paragraph and Article 16(a) and (ii) Transport of waste without the movement document having been sent to the competent authorities concerned and the consignee in accordance with Article 16(b).

(f) Transport of waste without being accompanied by the movement document and notification document in accordance with Article 16(c).

(g) Transport of waste without the competent authorities and consignee having been notified of a change in details or shipment conditions in accordance with Article 17.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 19(3)

(a) Breach any condition imposed under Article 10.

(b) Failure to comply with Article 19 (prohibition on mixing waste which is subject to notification and consent requirements during shipment).

(c) Transport of waste destined for interim recovery or disposal operation without a notification document completed in accordance with Article 15(a).

(d) Failure to transport waste in compliance with Article 19.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 20(2)

(a) Transport Article 3(2) or (4) waste without being accompanied by a completed Annex VII document in accordance with Article 18(1)(a) that is signed in accordance with 18(1)(b).

(b) Transport Article 3(2) waste without a contract referred to in Article 18(2) having been entered into.

(c) Transport of waste destined for interim recovery or disposal operation without a notification document completed in accordance with Article 15(a).

(d) Failure to comply with Article 20 (prohibition on mixing Article 3(2) or (4) waste during shipment).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 21

Transport waste destined for disposal in a third country in breach of Article 34.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 22(2)(a)

(a) Export waste for disposal to EFTA countries without compliance with Article 35(1).

(b) Export waste for disposal to EFTA countries in breach of Article 35(5).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 23

Transport waste specified in Article 36(1) that is destined for recovery in a country to which the OECD (Organisation for Economic Co-operation and Development) Decision does not apply.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 23A(2)

Transport waste listed in Annex III or IIIA, destined for recovery in any country listed in Commission Regulation (EC) No. 1418/2007, in breach of that Regulation.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Regulation 23A(3)

Transport waste listed in Annex III or IIIA destined for recovery in any country to which the OECD Decision does not apply without complying with the procedure of prior written notification and consent as described in Article 35, in accordance with the second paragraph of Article 37(2).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Regulation 23A(4)

Transport waste listed in Annex III or IIIA destined for recovery in any country to which the OECD Decision does not apply, in breach of Art 37(4) (requirement for consignment only to facilities authorised to operate under the applicable national law of the country of destination).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Regulation 23B(2)(a)

Transport unlisted waste, or waste classified under more than one entry in Annex III, to any country to which the OECD Decision does not apply, without the procedure of prior written notification and consent having been complied with in accordance with Art 37(5).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Regulation 23B(2)(b)

Transport unlisted waste, or waste classified under more than one entry in Annex III, to any country to which the OECD Decision does not apply, in breach of Article 37(4) (requirement for consignment only to facilities authorised to operate under the applicable national law of the country of destination).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Regulation 24(2)

(a) Export of waste for recovery to OECD countries, without the provisions of Article 38(1) having been complied with.

(b) Transport waste for recovery to any country to which the OECD Decision applies, in breach of Article 38(6) (requirement for consignment only to facilities authorised to operate under the applicable national law of the country of destination).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 25(a)

Transport of waste to the Antarctic.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 25(b)

Transports waste destined for disposal in an overseas country/territory in breach of Article 40(1).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 25(c)

Transports waste destined for recovery in an overseas country/territory in breach of Article 40(2).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 25(d)

Transports waste specified in Article 40(3) destined for recovery in an overseas country/territory without the provisions of that Article having been complied with.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 26

Transport waste destined for disposal in breach of Article 41(1).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 27(2)

Transport of waste for disposal from a country Party to the Basel Convention, without complying with Article 42(1).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 28

Transport of waste destined for recovery that has come from a third country or area in breach of Article 43(1).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 29(2)

Transport of waste from or through an OECD Decision country, without complying with Article 44(1).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 30(2)

Import of waste for recovery from a non-OECD Decision country Party to the Basel Convention, without complying with Article 45.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 31

Import of waste from overseas countries/territories without complying with Article 46(1).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 32(2)

Transport of waste destined for disposal that has originated from and is destined for a third country and is transported through the UK, without complying with Article 47.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 33(2)

Transport of waste destined for recovery that has originated from and is destined for a country to which the OECD Decision does not apply and is transported through the UK, without complying with Article 48(1).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 34(2)

Transport of waste destined for recovery that has originated from and is destined for a country to which the OECD Decision applies and is transported through the UK, without complying with Article 48(2).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 35(2)

Transport of waste destined for recovery that has originated from a country where the OECD Decision does not apply and is destined for a country to which the OECD Decision applies (or vice versa) and is transported through the UK, without complying with Article 48(3).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 36

Failure of an operator of a facility to notify the competent authority immediately when they know or could reasonably suspect that waste brought to that facility is an illegal shipment of waste.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 37(2)

(a) Failure of an operator of a facility to ensure that the recovery or disposal of notifiable waste is completed in accordance with Article 9(7).

(b) Failure of an operator of a facility to comply with any condition of a consent imposed by the competent authority of destination, in accordance with Article 10(1).

(c) Failure of an operator of a facility to comply with any condition imposed by the competent authority of destination, in accordance with Article 10(5).

(d) Failure of an operator of a facility to retain the movement document in accordance with Article 16(c).

(e) Failure of an operator of a facility to provide confirmation that waste has been received, in accordance with Article 16(d).

(f) Failure of an operator of a facility to certify that non-interim recovery or disposal has been completed, in accordance with Article 16(e).

(g) Failure of an operator of a facility to keep any document sent to or by the competent authorities in accordance with Article 20(1).

(h) Failure of an operator of a facility to inform the competent authority of destination in accordance with Article 22(1) if a shipment of waste is rejected.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 38(2)

(a) Failure of an operator of a facility that carries out interim recovery or disposal to provide confirmation to the notifier or competent authorities, in accordance with Article 15(c).

(b) Failure of an operator of a facility that carries out interim recovery or disposal to certify that interim recovery or disposal has been completed, in accordance with Article 15(d).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 38(3)

(a) Failure of an operator of a facility to obtain from a facility sent notifiable waste for subsequent interim or non-interim recovery or disposal a certificate that such operation has been completed in accordance with Article 15(e).

(b) Failure of an operator of a facility to transmit the certificate received from the completion of a subsequent interim or non-interim recovery or disposal operation in relation to notifiable waste, to the notifier and competent authorities in accordance with Article 15(e) second paragraph.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 38(4)

Failure of an operator of a facility that carries out interim recovery or disposal to comply with the notification requirements of Article 15(f).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 39(2)

(a) Failure of operator to sign the Annex VII document in accordance with Article 18(1)(b).

(b) Failure of operator to keep the Article 18(1) information in accordance with Article 20(2).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 40(2)

Failure of consignee to keep any document sent to or by the competent authorities in relation to a notified shipment, in accordance with Article 20(1).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 41(2)

(a) Failure of consignee to sign the Annex VII document in accordance with Article 18(1)(b
(b) Failure of consignee to provide a copy of the contract referred to in Article 18(2) on request
(c) Failure of consignee to keep the Article 18(1) information, in accordance with Article 20(2)

Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions can be imposed:

  • Variable monetary penalty

Offered:

  • Enforcement undertaking

Civil sanctions were available from 1 May 2014.

Regulation 42(2)

(a) Failure of laboratory operator to sign the Annex VII document in accordance with Article 18(1)(b).

(b) Failure of laboratory operator to keep the Annex VII document for three years from the shipment date.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 43

(a) Failure of a notifier to keep a copy of the movement document, in accordance with Article 16(c).

(b) Failure of a notifier to keep any document sent to or by the competent authorities in accordance with Article 20(1).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 44(2)

(a) Failure of a person who arranges the shipment of waste to provide the competent authority with a copy of the Article 18(2) contract upon request.

(b) Failure of a person who arranges the shipment of waste to keep the Article 18(1) information, in accordance with Article 20(2).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil Sanctions which can be offered are:

  • Enforcement Undertaking

Civil sanctions from 1st of May 2014.

Regulation 52(1)

Fail to comply with a notice served under the TFS regulations.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions from 1st of May 2014.

Regulation 53

(a) Obstruction.

(b) Give false or misleading information.

(c) (i) Failing to provide assistance or information or (ii) Failing to produce any record when required.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions from 1st of May 2014.

Regulation 54

(a) Make a statement or declaration known to be false or misleading to obtain consent to a shipment or approval of financial guarantee or equivalent insurance.

(b) Endeavours to obtain consent to a shipment or approval of financial guarantee or equivalent insurance by deception.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions from 1st of May 2014.

Regulation 55(1)(a) and (b)

Liability of officers to an offence committed by a body corporate.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are only available where they are available for the offence for which the body corporate is guilty.

Regulation 57

Liability of third parties.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are only available where they are available for the offence for which the body corporate is guilty.

Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008

Regulation 4(1)(a)

Ship radioactive waste or spent fuel to a destination outside the United Kingdom, except in accordance with a relevant authorisation.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 4(1)(b)

Ship radioactive waste or spent fuel into the United Kingdom from a third country (except by way of transit), except in accordance with a relevant authorisation.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 4(2)

Ship radioactive waste or spent fuel into the United Kingdom from another member State, except in accordance with a relevant authorisation.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 5(1)

Ship radioactive waste or spent fuel into the United Kingdom from a third country by way of transit to another member State, except in accordance with an authorisation granted by the member State of destination.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 5(2)

Ship radioactive waste or spent fuel into the United Kingdom from a third country for transit to another third country, except in accordance with a relevant authorisation.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 8(1) and (2)

Failure to notify within 15 days for receiving a consignment of radioactive waste or spent fuel from outside the United Kingdom.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 9(1) and (4)

Failure to notify in accordance with 9(1).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 9(2) and (4)

Failure to notify in accordance with 9(2).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 9(3) and (4)

Failure to take all reasonable steps to obtain and include a declaration/certification in the notification contrary to 9(3).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 10(1) and (2)

Failure to ensure shipped radioactive waste or spent fuel is accompanied at all times with the standard document set out in Commission Decision 2008/312/euratom.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 11(1) and (2)

Make a false or misleading statement in an application.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 14(3)

Failure to comply with an instruction where radioactive waste or spent fuel has been brought into the United Kingdom.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 14(4)(a) & (4)(b)

Failure to comply with a Regulation 14(4)(a) notice.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 15(1) and (2)

Failure to comply with a Schedule 2, Paragraph 1 information notice.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 15 (2)

Failure to comply with a Schedule 2, Paragraph 2 enforcement or prohibition notice

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Waste Batteries and Accumulators Regulations 2009 (WBAR)

Regulation 7 & 89(1)(a)(i)

Producer fails to finance the net costs arising from the collection, treatment and recycling of its share of all waste portable batteries collected in the United Kingdom, excepting small producers. Note: A producer who is a member of a battery compliance scheme is exempt from complying with this obligation (Regulation 10).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 9 & 89(1)(a)(ii)

Producer* fails to be registered as a member of a battery compliance scheme for any compliance period during which that person is a producer of portable batteries. * Does not apply to small producers

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 11 & 89(1)(a)(iii)

Scheme member fails to provide on request and in writing, to the battery compliance scheme operator, information which the scheme operator needs to rely on for the purposes of:

  • Complying with a demand to produce records under Reg 22(2);
  • Complying with the requirement to provide information under Reg 23;
  • Making an application to register a producer under Reg 26(3);
  • Making a notification under Reg 29.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 11 & 89(1)(b)(i)

Scheme member furnishes information to the operator of a battery compliance scheme and knows it to be false in a material particular

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 11 & 89(1)(b)(ii)

Scheme member furnishes information to the operator of a battery compliance scheme recklessly, and it is false and misleading in a material particular

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 12 & 89(1)(a)(iv)

Producer fails to keep required records in writing for four years and make them available to the appropriate authority on demand.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 13 & 89(1)(a)(v)

Small producer fails to provide information, or fails to provide information in the correct format, about the amount of portable batteries they have placed on the market in 2009 and each compliance period, by 31st January of the next year e.g. 2009 data by 31/1/2010.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 13 & 89(1)(d)(i)

Small producer furnishes a report on the total amount of portable batteries the producer has placed on the market in 2009 or in a compliance period and knows the information provided in or in connection with the report to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions not available.

Regulation 13 & 89(1)(d)(ii)

Small producer furnishes information in, or in connection with, a report on the total amount of portable batteries placed on the market in 2009 or in a compliance period, recklessly, and it is false and misleading in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions not available.

Regulation 15 & 89(1)(a)(vi)

After notification of current scheme approval being withdrawn, producer fails to:

  • become a member of another battery compliance scheme; or
  • notify its intention to the appropriate authority to become a member of a proposed scheme and then become a member of a scheme;

within the timescales specified in Regulation 15(2) and (3).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 16 & 89(1)(a)(vii)

Producer who is notified that approval of current scheme has been withdrawn, fails to:

  • Ensure all identifiable waste portable batteries collected by that producer are delivered to and accepted by an approved battery treatment operator or approved battery exporter.
  • Keep records of amounts in total tonnes and tonnes by chemistry type, in writing for four years.
  • Provide information on the total amount of portable batteries placed on the market in the UK in a compliance period.

Provide written and signed information in the format required, for each quarter period on the amount of waste portable batteries collected and delivered (by total tonnes and tonnes by chemical type).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 16(5) & 89(1)(d)(i)

Producer furnishes a report, on the total amount of portable batteries that the producer has placed on the market and knows the information provided in or in connection with it to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions not available.

Regulation 16(5) & 89(1)(d)(ii)

Producer furnishes information in or in connection with a report on the total amount of portable batteries that the producer has placed on the market recklessly, and it is false and misleading in a material particular

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions not available.

Regulation 16(6) & 89(1)(d)(i)

Producer furnishes a report, on the total amount of waste portable batteries that the producer has collected and delivered to an approved battery treatment operator/exporter, and knows the information provided in or in connection with it to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 16(6) & 89(1)(d)(ii)

Producer furnishes information in or in connection with a report on the total amount of waste portable batteries that the producer has collected and delivered to an approved battery treatment operator/exporter, recklessly, and it is false and misleading in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 18 & 89(1)(a)(viii)

Producer who is notified that approval of current scheme has been withdrawn and has not yet become a member of another battery compliance scheme, fails to provide a declaration of compliance and copies of all batteries evidence notes before the due date.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 18 & 89(1)(c)(i)

Producer furnishes information for, or in connection with, a declaration of compliance and knows it to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions not available.

Regulation 18 & 89(1)(c)(ii)

Producer furnishes information for, or in connection with, a declaration of compliance recklessly, and it is false and misleading in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions not available.

Regulation 21 and 89(2)(a)(ii)

Scheme operator fails to ensure all identifiable waste batteries collected by the scheme are delivered to and accepted by an approved battery treatment operator for treatment and recycling or approved battery exporter for export for treatment and recycling outside the UK.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 22 and 89(2)(a)(iii)

Scheme operator fails to keep required records of the total amount of waste portable batteries the scheme has been responsible for collecting and delivering to an approved battery treatment operator or approved battery exporter during a relevant compliance period, in writing for four years.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 23 & 89(2)(a)(iv)

Scheme operator fails to provide information, or fails to provide information in the correct format, on the amount of portable batteries placed on the market for the first time in the UK for 2009 by 31 January 2010 (only after Regulations came into force) and in each relevant compliance period (by the last day of the month following the end of the quarter period).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 23 & 89(2)(b)(i)

Scheme operator furnishes a report on batteries placed on the market by scheme members, and knows the information provided in, or in connection with, the report to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 23 & 89(2)(b)(ii)

Scheme operator furnishes information in or in connection with a report on batteries placed on the market by scheme members, recklessly, and it is false and misleading in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 24 & 89(2)(b)(i)

Scheme operator furnishes a report on amount of waste portable batteries the operator has been responsible for collecting and delivering for treatment/recycling, and knows the information provided in or in connection with the report to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 24 & 89(2)(b)(ii)

Scheme operator furnishes information in or in connection with a report on amount of waste portable batteries the operator has been responsible for collecting and delivering for treatment/recycling, recklessly, and it is false and misleading in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 24 & 89(2)(a)(v)

Scheme operator fails to provide information, or fails to provide information in the correct format, about the amount of waste portable batteries collected and delivered for treatment/recycling by the last day of the month following the end of the quarter period.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 25 & 89(2)(a)(vi)

Scheme operator fails to provide declaration of compliance and copies of all batteries evidence notes acquired by it in respect of the relevant compliance period on or before 31st May of the next year.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 25 & 89(2)(c)(i)

Scheme operator furnishes a declaration of compliance and knows the information in or in connection with the declaration to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 25 & 89(2)(c)(ii)

Scheme operator furnishes information in or in connection with a declaration of compliance recklessly, and it is false and misleading in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 26 & 89(2)(a)(vii)

Scheme operator fails to register scheme member with the appropriate authority.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 26(4) & 89(1)(a)(ix)

Small producer* fails to register within 28 days from the date producer first places portable batteries on the market for the first time in the UK after 15 October 2009. * Does not apply to a small producer who is or was also a producer of industrial or automotive batteries and is registered with the Secretary of State under Regulation 45.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 27 & 89(1)(b)(i)

A small producer furnishes information on an application to register a small producer and knows it to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 27 & 89(1)(b)(ii)

A small producer furnishes information on an application to register a small producer, recklessly, and it is false and misleading in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 29 & 89(1)(b)(i)

Small producer furnishes information to change registration details and knows it to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 29 & 89(1)(b)(ii)

Small producer furnishes information to change registration details recklessly, and it is false and misleading in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 29 & 89(2)(a)(viii)

Scheme operator fails to notify changes of scheme member details to the appropriate authority within one month of the change of circumstance.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 29(1), 29(3) & 89(1)(a)(x)

Small producer fails to notify of change of details held on register within one month of the change.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 29(2), 29(3) and 89(1)(a)(x)

Small producer fails to notify within one month of small producer ceasing to be a producer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 29 & 89(2)(b)(i)

Scheme operator makes a notification of change to registration details and knows the information provided in or in connection with the notification to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 29 & 89(2)(b)(ii)

Scheme operator furnishes information in or in connection with a notification of change to registration details, recklessly, and it is false and misleading in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 30 & 89(1)(a)(xi)

Producer fails to declare its battery producer registration number to any person to whom the producer intends to sell, sells or otherwise supplies batteries in the United Kingdom.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 32(2) & 89(2)(a)(ix)

Scheme operator fails to make arrangements with distributor within 21 days of receiving a request for the collection of waste portable batteries from the distributor, and/or fails to ensure collection of those batteries without charge and within a reasonable time.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 33(2) & 89(2)(a)(x)

Scheme operator fails to accept waste portable batteries at a facility it provides for economic operators and waste collection authorities without charge.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 56 & 89(6)(a)

A person contravenes or fails to comply with any requirement of Regulation 56 (prohibition on disposing of waste automotive or industrial batteries in a landfill or by incineration).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 57 & 89(6)(b)

A person contravenes or fails to comply with any requirement of Regulation 57 (requirement for approval of battery treatment operators and exporters).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 63 & 89(4)(a)(i)

Approved battery treatment operator contravenes or fails to comply with the conditions set out in Part 2 of Schedule 4 and if approved to issue evidence notes for waste portable batteries, Part 3 of Schedule 4.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 63 & 89(4)(a)(i)

Approved battery exporter contravenes or fails to comply with the conditions set out in Part 2 of Schedule 4 and if approved to issue evidence note for waste portable batteries, Part 4 of Schedule 4.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 66 & 89(4)(a)(ii)

Approved battery treatment operator or approved battery exporter contravenes or fails to comply with reporting requirements under Regulation 66.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 66 & 89(4)(b)(i)

Approved battery operator or approved battery exporter furnishes a report and knows the information provided in or in connection with it to be false in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 66 & 89(4)(b)(ii)

Approved battery operator or approved battery exporter furnishes information in or in connection with a report recklessly, and it is false and misleading in a material particular.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 67 & 89(4)(a)(iii)

Approved battery treatment operator or approved battery exporter fails to maintain records that enable the completion of regulation 66 reports, or to keep the records for 4 years, or to make the records available to the appropriate authority on demand.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 87 & 89(6)(d)

A person, without reasonable cause, fails to comply with an enforcement notice served under Regulation 87.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 88 & 89(6)(e)

A person, without reasonable cause, fails to comply with a requirement imposed under Regulation 88 (powers of entry and inspection).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 89(6)(f)

A person, intentionally obstructs an officer, or any person accompanying the officer in accordance with Regulation 88(2)(b)(i), in the execution of these Regulations.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 89(6)(g)

A person, without reasonable cause, fails to give an officer, or any person accompanying the officer in accordance with Regulation 89(6)(f)(ii), any assistance or information which may reasonably be required by them for the performance of the enforcement officer’s functions under the Regulations.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 89(6)(h)

A person, without reasonable cause, fails to give an officer, or any person accompanying the officer in accordance with Regulation 89(6)(f)(ii), any assistance or information which may reasonably be required by them for the performance of the enforcement officer’s functions under the Regulations.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 89(6)(i)(i)

A person furnishes any information knowing it to be false or misleading in a material particular to an officer or any person accompanying the officer in accordance with Regulation 89(6)(f)(ii)

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Regulation 89(6)(i)(ii)

A person furnishes any information recklessly, and it is false or misleading in a material particular, to an officer or any person accompanying the officer in accordance with 89(6)(f)(ii).

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions not available.

Waste (England and Wales) Regulations 2011

Regulation 42(1)(a)

Failure to register as a waste broker or dealer under Regulation 25.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions which can be imposed are:

  • Compliance Notice
  • Stop Notice

The power to issue a stop notice or compliance notice came into force on 29 March 2011 (regulations 38,39, Waste (England and Wales) Regulations 2011).

Regulation 42(1)(b)

Failure to comply with a notice requiring compliance, notice requiring restoration or notice prohibiting an activity.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Regulation 44(1)

Offence where a director, manager, other similar person or person purporting to act in that capacity in relation to an offence under Regulation 42(1) offence that their company (body corporate) is guilty of and which is proved to have been committed with their consent, connivance or attributable to their neglect

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Regulation 44(3)

Offence where a partner in relation to an offence under Regulation 42(1) offence that the partnership is guilty of and which is proved to have been committed with their consent, connivance or attributable to their neglect

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Regulation 44(5)

Offence where an officer of an unincorporated association, in relation to an offence under Regulation 42(1) that the unincorporated association is guilty of and which is proved to have been committed with their consent, connivance or attributable to their neglect.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available.

Waste Electrical and Electronic Equipment Regulations 2013 (WEEE)

Regulation 11 & 90

Failing properly to finance the costs of the collection, treatment, recovery and environmentally sound disposal of an amount of the relevant WEEE.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 12 & 90

Failing properly to finance the costs of the collection, treatment, recovery and environmentally sound disposal of an amount of the relevant WEEE. from users other than private households.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 14 & 90

Failing to join a scheme.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 15 & 90

Failure of small producers to register.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 16 & 90

Failure to apply to register as small producer.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 17 & 90

Failure to comply with Regulation 17 conditions of registration.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 18 & 90

Failure to provide information to operators of schemes

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 19 & 90

Failure to provide a declaration of compliance.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

​Regulation 20 & 90

Failure to keep records as prescribed by Regulation 20

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.​

Regulation 21 & 90(2)

Failure to declare EEE producer registration number.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 22 & 90(2)

Failing to mark EEE with proper symbol

Regulation 22 & 90(2)

Failing to mark EEE with date

Regulation 24 & 90(2)

Failing to provide information on new types of EEE

Regulation 26 & 90(3)(a)

Failure to register a producer or authorised representative.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 27 & 90(3)(a)

Failure to notify appropriate authority of membership of scheme.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 28 & 90(3)(a)

Failure to comply with Regulation 28 on financing WEEE from private

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 29 & 90(3)(a)

Failure to comply with Regulation 28 on financing WEEE from users other than private households

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 30 & 90(4)

Failure to prioritise the reuse of whole appliances.

Summary offence only. Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 31 & 90(3)(a)

Failing to provide proper treatment systems.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 32 & 90(3)(a)

Failing to provide proper recovery systems.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 35 & 90(3)(a)

Failing to report to NRW in accordance with Regulation 35.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 37 & 90(3)(a)

Failing to provide information on the total amount in tonnes of EEE in accordance with Regulation 37.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 39 & 90(3)(a)

Failure to provide a declaration of compliance.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 40 & 90(3)(a)

Failure to keep records as required by regulation 40.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.​

Regulation 42 and 90(5)

Failing to provide take-back of WEEE

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 44 and 90(5)

Failing to make information available to users of EEE in private households

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 45 and 90(6)

Failing to keep records

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 47 and 90(8)

Failure to comply with financing obligations under regulation 47

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 51 and 90(8)

Showing the costs of financing the collection, treatment and environmentally sound disposal of WEEE from private households

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Civil sanctions are not available for this offence.

Regulation 54 and 90(7)

Failing to comply with requirements of Schedule 9

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 57 & 90(3)(a)

Failure to comply with conditions of approval set out at regulation 57.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 60 and 90(8)

Issuing evidence notes without approval

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 61 and 90(7)

Failing to apply for approval in accordance with Regulation 61

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 63 and 90(7)

Failing to comply with conditions in Schedule 11

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 66 and 90(7)

Failure to report in accordance with Regulation 66

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 67 and 90(7)

Failure to keep records

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 88 and 90(8)

Failure to comply with enforcement notice

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 89 and 90(8)

Failure to comply with a requirement imposed under Regulation 89

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Regulation 90(1)(b)(i)

Producer furnishes information to the operator of a Scheme which he knows to be false in a material particular.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 90(1)(b)(ii)

Producer furnishes information to the operator of a scheme recklessly, which is false or misleading in a material particular.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 90(1)(c)(i)

Producer furnishes information for, or in connection with, a declaration of compliance which he knows to be false in a material particular.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 90(1)(c)(ii)

Producer furnishes a declaration of compliance recklessly, which is false or misleading in a material particular.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 90(3)(b)

Furnishing a false or misleading report under regulations 35 or 37.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 90(3)(c)

Furnishing a false or misleading report under regulation 39.

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 90(7)(b)

Furnishing a false or misleading report under Regulation 66

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.​

Regulation 90(8)

Obstructing person acting in execution of Regulations

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 90(8)

Failing to assist

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 90(8)

Failing to produce information

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 90(8)

Providing false or misleading information

Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence. ​

Regulation 90(9)

Failing to collect and transport WEEE in accordance with Regulation 48

Summary only offence. Standard criminal and offence specific responses:

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions are not available for this offence.