The Environmental Regulation (Relevant Offences) (Scotland) Order 2014

Contents

1 Citation, commencement and interpretation
2 Relevant offences
Schedule 1 Relevant Offences for the Purposes of Section 34 of the Act (compensation orders against persons convicted of relevant offences)
Schedule 2 Relevant Offences for the Purposes of Section 35 (fines: court to consider financial benefits)
Schedule 3 Relevant Offences for the Purposes of Section 36 of the Act (power to order conviction etc. for offence to be publicised)
Schedule 4 Relevant Offences for the Purposes of Sections 38 and 39 (vicarious liability and liability where activity carried out by arrangement with another)

Article 1Citation, commencement and interpretation#

(1)This Order may be cited as the Environmental Regulation (Relevant Offences) (Scotland) Order 2014 and comes into force on 31st December 2014.

(2)In this Order, “the Act” means the Regulatory Reform (Scotland) Act 2014.

Article 2Relevant offences#

(1)For the purposes of section 34 of the Act (compensation orders against persons convicted of relevant offences), “relevant offence” means an offence specified in Schedule 1.

(2)For the purposes of section 35 of the Act (fines for relevant offences: court to consider financial benefits), “relevant offence” means an offence specified in Schedule 2.

(3)For the purposes of section 36 of the Act (power to order conviction etc. for offence to be publicised), “relevant offence” means an offence specified in Schedule 3.

(4)For the purposes of section 38 (vicarious liability for certain offences by employees and agents) and section 39 (liability where activity carried out by arrangement with another) of the Act, “relevant offence” means an offence specified in Schedule 4.

(5)In the Schedules to this Order, any reference to an offence includes a reference to an attempt, conspiracy or incitement to commit that offence.

Schedule 1 · Relevant Offences for the Purposes of Section 34 of the Act (compensation orders against persons convicted of relevant offences)

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An offence under any of the following provisions of the Environmental Protection Act 1990—

(a)section 33(6) (unauthorised or harmful depositing, treatment or disposal etc. of waste; breaching conditions of a waste management licence);

(b)section 59(5) (failure to comply with a notice requiring removal of waste);

(c)section 63(2) (offences in relation to depositing waste other than controlled waste);

(d)section 78M(1) (failure to comply with a remediation notice).

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995 (statutory offences: art and part and aiding and abetting) as it applies in relation to any other offence listed in this Schedule.

(5)An offence under regulation 18(1) of the Special Waste Regulations 1996 (failure to comply with any obligation or requirement under the Regulations).

(6)An offence under any of the following provisions of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000—

(a)regulation 13(1) (holding contaminated equipment without registration);

(b)regulation 13(2) (offences relating to the holding, disposing and decontaminating of equipment).

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)An offence under any of the following provisions of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007—

(a)regulation 40(1) (breaching the producer registration obligation, the producer recovery and recycling obligations, or the certifying obligation);

(b)regulation 40(3) (breaching operator recovery and recycling obligations);

(c)regulation 40(4) (contravening requirements or conditions of accreditation);

(d)regulation 40(5) (false or misleading information);

(e)regulation 40(6) (failure to comply with notice requirements);

(f)regulation 40(8) (holding companies).

(10)An offence under either of the following provisions of the Environmental Liability (Scotland) Regulations 2009—

(a)regulation 10(6) (failure by operator to take preventive measures, etc.);

(b)regulation 12(5) (failure by operator to take remedial action, etc.).

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)An offence under any of the following provisions of the Reservoirs (Scotland) Act 2011—

(a)section 42(1)(d) (failure to comply with direction as to taking of safety measure in safety report);

(b)section 52(1)(c) (failure to comply with direction as to taking of measure in inspection report);

(c)section 52(1)(g) (failure to comply with notice of identification of thing which might affect the safety of the reservoir);

(d)section 70(1) (failure to comply with enforcement notice).

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)An offence under either of the following provisions of the Regulatory Reform (Scotland) Act 2014—

(a)section 40(1) (causing significant environmental harm etc.);

(b)section 41(7) (failure to comply with remediation order).

(15)An offence under any of the following provisions of the Environmental Authorisations (Scotland) Regulations 2018—

(a)regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation));

(b)regulation 69(1)(b) (contravention of regulation 8);

(c)regulation 69(1)(c) (failure to comply with or contravention of a general binding rule);

(d)regulation 69(1)(d) (failure to comply with or contravention of a condition of a registration);

(e)regulation 69(1)(e) (failure to comply with or contravention of a condition of a permit);

(f)regulation 69(1)(f) (failure to comply with the requirements of a regulatory notice);

(g)regulation 69(1)(g) (failure to comply with the requirements of a revocation notice);

(h)regulation 69(1)(i) (failure to comply with an order of a court); and

(i)regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the offence caused or permitted is an offence referred to in this paragraph.

Schedule 2 · Relevant Offences for the Purposes of Section 35 (fines: court to consider financial benefits)

(1)An offence under section 14K of the Wildlife and Countryside Act 1981 (offences in relation to species control orders).

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An offence under any of the following provisions of the Environmental Protection Act 1990—

(a)section 33(6) (unauthorised or harmful depositing, treatment or disposal etc. of waste; breaching conditions of a waste management licence);

(b)section 34(6) (failure to comply with duty of care requirements);

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)section 59(5) (failure to comply with notice requiring removal of waste);

(g)section 63(2) (offences in relation to depositing waste other than controlled waste);

(h)section 71(3) (failure to comply with information notice);

(i)section 78M(1) (failure to comply with a remediation notice).

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An offence under either of the following provisions of the Environment Act 1995—

(a)section 27(3) (offences relating to information notices);

(b)section 110(2)(a) (failure to comply with a requirement imposed under enforcement powers).

(7)An offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995 (statutory offences: art and part and aiding and abetting) as it applies in relation to any other offence listed in this Schedule.

(8)An offence under any of the following provisions of the Special Waste Regulations 1996—

(a)regulation 18(1) (failure to comply with any obligation or requirement under the Regulations);

(b)regulation 18(3) (false or misleading statements);

(c)regulation 18(4) (false entries in records).

(9)An offence under any of the following provisions of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000—

(a)regulation 13(1) (holding contaminated equipment without registration);

(b)regulation 13(2) (offences relating to the holding, disposing and decontaminating of equipment);

(c)regulation 13(3) (failure to comply with labelling requirements);

(d)regulation 13(4) (offences related to the supplying of information).

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)An offence under section 18(9) of the Water Environment and Water Services (Scotland) Act 2003 (failure to comply with information notice etc. or altering, suppressing or destroying documents).

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)An offence under any of the following provisions of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007—

(a)regulation 40(1) (breaching the producer registration obligation, the producer recovery and recycling obligations, or the certifying obligation);

(b)regulation 40(3) (breaching operator recovery and recycling obligations);

(c)regulation 40(4) (contravening requirements or conditions of accreditation);

(d)regulation 40(5) (false or misleading information);

(e)regulation 40(6) (failure to comply with notice requirements);

(f)regulation 40(8) (holding companies).

(15)An offence under any of the following provisions of the Environmental Liability (Scotland) Regulations 2009—

(a)regulation 10(6) (failure by operator to take preventive measures, etc.);

(b)regulation 11(7) (failure by operator to identify potential remedial measures, etc.);

(c)regulation 12(5) (failure by operator to take remedial action, etc.);

(d)regulation 18(4) (failure to provide required information).

(16)An offence under any of the following provisions of the Waste Batteries and Accumulators Regulations 2009—

(a)regulation 89(1)(a)(i) to (xi) (producer failing to comply with requirements etc.);

(b)regulation 89(1)(b) (false or misleading information) insofar as it relates to information furnished under regulation 11 (information provided to operators of battery compliance schemes), 27 (application by a small producer to register) or 29 (notification of changes to registration details);

(c)regulation 89(1)(c) (false or misleading information);

(d)regulation 89(1)(d) (false or misleading information) insofar as it relates to reports furnished under regulation 13 (reporting: portable batteries placed on the market by a small producer) or 16(5) or (6) (reporting portable batteries);

(e)regulation 89(2) (failure to comply with requirements etc.);

(f)regulation 89(4) (approved battery treatment operator or exporter failing to comply with requirements etc.);

(g)regulation 89(6)(a) (disposing waste automotive and industrial batteries in landfill or by incineration);

(h)regulation 89(6)(b) (failure to comply with requirements etc.);

(i)regulation 89(6)(c) (disclosing information in contravention of regulation 82) insofar as the information disclosed under or by virtue of regulation 82(1) was disclosed by SEPA;

(j)regulation 89(6)(d) (failure to comply with an enforcement notice) insofar as the enforcement notice was served by SEPA;

(k)regulation 89(6)(e) (failure to comply with a requirement; powers of entry and inspection) insofar as the requirement was imposed by an enforcement officer authorised by SEPA;

(l)regulation 89(6)(h) (failure to produce records or information) insofar as the requirement to produce a record or information was imposed by an enforcement officer authorised by SEPA;

(m)regulation 89(6)(i) (false and misleading information to an enforcement officer) insofar as the information was provided to an enforcement officer authorised by SEPA or a person accompanying such an officer.

(17)An offence under section 47(1) of the Flood Risk Management (Scotland) Act 2009 (failure to provide information or documents required by notice; disposal, altering etc. of documents).

(18)An offence under any of the following provisions of the Ozone-Depleting Substances (Qualifications) Regulations 2009—

(a)regulation 9(c) (false or misleading information);

(b)regulation 9(d) (failure to produce records);

(c)regulation 5(7)(qualification and supervision);

(d)regulation 6(4) (offences related to training).

(19)An offence under regulation 6(1) of the Waste Information (Scotland) Regulations 2010 (offences related to waste information requests).

(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(22)An offence under any of the following provisions of the Reservoirs (Scotland) Act 2011—

(a)section 5(2) (failure to comply: duty of multiple reservoir managers to co-operate);

(b)section 17(1) or (2) (offences: registration);

(c)section 42(1) (offences: construction or alteration);

(d)section 52(1) or (2) (offences: inspection, supervision, record keeping);

(e)section 58(1) (offences: record keeping, display of emergency response information);

(f)section 66(1) (offence: failure to comply with a notice regarding appointment of engineer);

(g)section 70(1) (failure to comply with enforcement notice);

(h)section 99(2) (altering, suppressing or destroying documents);

(i)section 103(4) (failure to provide notice of revocation of appointment or resignation of engineer).

(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24)An offence under any of the following provisions of the CRC Energy Efficiency Scheme Order 2013—

(a)article 82(1) (false or misleading statements) insofar as the statement is made in purported compliance with article 45, or Parts 9 to 12 of that Order;

(b)article 82(2) (failure to comply with enforcement notice) insofar as the enforcement notice was served by SEPA or the Scottish Ministers;

(c)article 82(5) (refusing access to premises), but only where the administrator is SEPA.

(25)An offence under any of the following provisions of the Waste Electrical and Electronic Equipment Regulations 2013—

(a)regulation 90(1) or (2) (failure to comply with producer obligations etc.);

(b)regulation 90(3) (failure of an operator of a scheme to comply with requirements);

(c)regulation 90(4) (failure of an operator to ensure that systems are set up to prioritise the reuse of whole appliances);

(d)regulation 90(6) (failure of a distributor to comply with information and record keeping requirements);

(e)regulation 90(7) (failure of an operator of an approved authorised treatment facility, or an approved exporter, to comply with requirements);

(f)regulation 90(8)(a) (miscellaneous offences);

(g)regulation 90(8)(b) (failure to comply with enforcement notice);

(h)regulation 90(8)(c) (entry and inspections powers; failure to comply);

(i)regulation 90(8)(f) (failure to produce information when required);

(j)regulation 90(8)(g) (false or misleading information);

(k)regulation 90(9) (failure to collect or transport waste electrical and electronic equipment in a way that optimises reuse and recycling).

(26)An offence under either of the following provisions of the Regulatory Reform (Scotland) Act 2014—

(a)section 40(1) (causing significant environmental harm etc.);

(b)section 41(7) (failure to comply with remediation order).

(27)An offence under any of the following provisions of the Environmental Authorisations (Scotland) Regulations 2018—

(a)regulation 69(1)(a) (contravention of regulation 7 (carrying on an activity otherwise than in accordance with an authorisation));

(b)regulation 69(1)(b) (contravention of regulation 8);

(c)regulation 69(1)(c) (failure to comply with or contravention of a general binding rule);

(d)regulation 69(1(d) (failure to comply with or contravention of a condition of a registration);

(e)regulation 69(1(e) (failure to comply with or contravention of a condition of a permit);

(f)regulation 69(1(f) (failure to comply with the requirements of a regulatory notice);

(g)regulation 69(1(g) (failure to comply with the requirements of a revocation notice);

(h)regulation 69(1)(h) (failure to comply with an information notice without reasonable excuse);

(i)regulation 69(1)(i) (failure to comply with an order by a court);

(j)regulation 69(1)(j) (making a false, misleading or reckless statement);

(k)regulation 69(1)(k) (making a false entry);

(l)regulation 69(1)(l) (forging a document); and

(m)regulation 69(1)(m) (causing or permitting any other person to commit an offence), where the offence caused or permitted is an offence referred to in this paragraph.

Schedule 3 · Relevant Offences for the Purposes of Section 36 of the Act (power to order conviction etc. for offence to be publicised)