Environmental Protection (Injurious Articles: Miscellaneous Amendments) (Scotland) Regulations 2025 - draft

Draft - The Environmental Protection (Injurious Articles) (Fixed Penalty Notices and Miscellaneous Amendments) (Scotland) Regulations 2025

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2025 No.

ENVIRONMENTAL PROTECTION

The Environmental Protection (Injurious Articles) (Fixed Penalty Notices and Miscellaneous Amendments) (Scotland) Regulations 2025

Made - - - - ***

Laid before the Scottish Parliament ***

Coming into force - - ***

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 140(1), (2), (3)(c) and (d), and (10A) to (10D) of the Environmental Protection Act 1990(1) and all other powers enabling them to do so.

In accordance with section 140(6)(2) of that Act, they have published notices in the London Gazette and in that Edinburgh Gazette and have considered the representations made to them in accordance with those notices.

PART 1

Introduction

Citation, commencement and extent

— These Regulations may be cited as the Environmental Protection (Injurious Articles) (Fixed Penalty Notices and Miscellaneous Amendments) (Scotland) Regulations 2025 and come into force on 31 March 2025.

These Regulations extend to Scotland only.

Interpretation

In these Regulations—

“the 2024 Regulations” means the Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024(3),

“the 2021 Regulations” means the Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021(4),

“the 2019 Regulations” means the Environmental Protection (Cotton Buds) (Scotland) Regulations 2019(5),

“the 2018 Regulations” means the Environmental Protection (Microbeads) (Scotland) Regulations 2018(6).

PART 2

Amendment of the 2024 Regulations

The 2024 Regulations are amended in accordance with Regulations 4 to 7.

Amendment of Regulation 1 (citation, commencement and extent)

In regulation 1(1) (citation, commencement and extent), for “April” substitute “June”.

Amendment of Regulation 5 (offence: failure to comply with an enforcement requirement)

In regulation 5(1) (offence: failure to comply with an enforcement requirement), for “enforcement’s officers”, substitute “enforcement officer’s”.

Amendment of Regulation 9 (powers of entry, investigation and examination etc.)

In regulation 9(1) (powers of entry, investigation and examination etc.)—

for sub-paragraph (e), substitute—

(e) to take any samples, or cause samples to be taken, of any vape or component of a vape, which appears to that enforcement officer to be a single-use vape or component of single-use vape found in or on any premises which an enforcement officer has power to enter under sub-paragraph (a), and to cause any such samples to be analysed or tested,,

for sub-paragraph (f), substitute—

(f) in the case of any vape or component of a vape which appears to that enforcement officer to be a single-use vape, or component of a single-use vape found in any premises which an enforcement officer has power to enter, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it, unless that is necessary),,

in sub-paragraph (g), in the opening words, for “single-use vapes”, substitute—

vape or component of a vape which appears to that enforcement officer to be a single-use vape, or component of a single-use vape”.

New Part 4

After regulation 10 (warrants), insert—

Part 4

Fixed Penalty Notices

Power to give a fixed penalty notice

11.—(1) An enforcement officer may, if having reason to believe that a person is committing or has committed an offence under regulation 4 of these Regulations, give that person a fixed penalty notice.

(2) A fixed penalty notice for an offence under regulation 4 of these Regulations may not be given more than 14 days after the day on which the offence took place.

(3) Where a person is given a fixed penalty notice in respect of an offence under regulation 4 of these regulations—

(a) no proceedings may be instituted for that offence before the end of the period of 14 days beginning with the date of the notice, and

(b) the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.

(4) A fixed penalty payable in pursuance of a fixed penalty notice under this regulation is to be paid to the local authority in whose area the offence was committed.

(5) In any proceedings, a certificate which—

(a) purports to be signed by the person having responsibility for the financial affairs of the local authority to which the fixed penalty is to be paid, and

(b) states that payment of a fixed penalty was or was not received by the date specified in the certificate,

is evidence of the facts stated.

(6) An enforcement officer may require a person to give their name, address and date of birth if the enforcement officer proposes to give the person a fixed penalty notice.

(7) A person commits an offence if the person—

(a) fails to give a name, address or date of birth when required to so under paragraph (6), or

(b) gives a false of inaccurate name, address or date of birth in response to a requirement under that paragraph.

(8) A person who commits an offence under paragraph (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) In this Part, “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence under regulation 4 of these Regulations by payment of a fixed penalty.

Contents of a fixed penalty notice

12. A fixed penalty notice must—

(a) state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,

(b) state the period during which, by virtue of regulation 11(3)(a), proceedings will not be instituted for the offence,

(c) state the amount of the fixed penalty, including any early payment discount,

(d) set out the period within which the fixed penalty must be paid, including the period within which the fixed penalty must be paid in order for the early payment discount to apply,

(e) explain that the fixed penalty notice contains an offer to discharge liability for the offence by payment of a fixed penalty and that the person is not required to accept that offer,

(f) explain that should the person choose not to accept the offer to discharge liability for the offence by payment of a fixed penalty, that person may be prosecuted for that offence,

(g) state the person to whom the fixed penalty may be paid, and the address and website for doing so.

Fixed penalty amounts and payment periods

13.—(1) Subject to paragraph (2), the fixed penalty amounts for an offence under regulation 4 are—

(a) £200 (fixed penalty), and

(b) £150 (discounted amount).

(2) Where a person is issued with a fixed penalty notice and that person has been the subject of previous enforcement action with the preceding three years, the fixed penalty amounts are as set out in Table 1.

(3) Where a person has accepted the offer of a fixed penalty, the fixed penalty must be paid—

(a) in the case of the discounted amount, before the end of the period of 7 days beginning with the date of the notice,

(b) in any other case, before the end of the period of 14 days beginning with the date of the notice.

(4) In this regulation, “enforcement action” means the giving of a fixed penalty notice or the conviction for an offence under regulation 4.

Table 1

Number of previous enforcement actions , Amount of fixed penalty £ , Discounted amount £

One , 400 , 350

Two , 600 , 550

Three , 800 , 750.

PART 3

Amendment of the 2021 Regulations

— The 2021 Regulations are amended in accordance with paragraph (2).

After regulation 15, insert—

PART 4

Fixed Penalty Notices

Power to give a fixed penalty notice

16.—(1) An enforcement officer may, if having reason to believe that a person is committing or has committed an offence under Part 2 of these Regulations, give that person a fixed penalty notice.

(2) A fixed penalty notice for an offence under Part 2 of these Regulations may not be given more than 14 days after the day on which the offence took place.

(3) Where a person is given a fixed penalty notice in respect of an offence under Part 2 of these Regulations—

(a) no proceedings may be instituted for that offence before the end of the period of 28 days beginning with the date of the notice, and

(b) the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.

(4) A fixed penalty payable in pursuance of a fixed penalty notice under this regulation is to be paid to the local authority in whose area the offence was committed.

(5) In any proceedings, a certificate which—

(a) purports to be signed by the person having responsibility for the financial affairs of the local authority to which the fixed penalty is to be paid, and

(b) states that payment of a fixed penalty was or was not received by the date specified in the certificate,

is evidence of the facts stated.

(6) An enforcement officer may require a person to give their name, address and date of birth, if the enforcement officer proposes to give the person a fixed penalty notice.

(7) A person commits an offence if the person—

(a) fails to give a name, address or date of birth when required to so under paragraph (6), or

(b) gives a false of inaccurate name, address or date of birth in response to a requirement under that paragraph.

(8) A person who commits an offence under paragraph (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) In this Part, “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence under regulation 4 of these Regulations by payment of a fixed penalty.

Contents of a fixed penalty notice

17. A fixed penalty notice must—

(a) state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,

(b) state the period during which, by virtue of regulation 16(3)(a), proceedings will not be instituted for the offence,

(c) state the amount of the fixed penalty, including any early payment discount,

(d) set out the period within which the fixed penalty must be paid, including the period within which the fixed penalty must be paid in order for the early payment discount to apply,

(e) explain that the fixed penalty notice contains an offer to discharge liability for the offence by payment of a fixed penalty and that the person is not required to accept that offer,

(f) explain that should the person choose not to accept the offer to discharge liability for the offence by payment of a fixed penalty, that person may be prosecuted for that offence,

(g) state the person to whom the fixed penalty may be paid, and the address and website for doing so.

Fixed penalty amounts and payment periods

18.—(1) Subject to paragraph (2), the fixed penalty amounts for an offence under Part 2 of these Regulations are—

(a) £ 200 (fixed penalty), and

(b) £ 100 (discounted amount).

(2) Where a person has accepted the offer of a fixed penalty, the fixed penalty must be paid—

(a) in the case of the discounted amount, before the end of the period of 14 days beginning with the date of the notice,

(b) in any other case, before the end of the period of 28 days beginning with the date of the notice..

PART 4

Amendment of the 2019 Regulations

— The 2019 Regulations are amended in accordance with paragraph (2).

After regulation 6, insert—

Power to give a fixed penalty notice

7.—(1) An enforcement officer may, if having reason to believe that a person is committing or has committed an offence under regulation 3 of these Regulations, give that person a fixed penalty notice.

(2) A fixed penalty notice for an offence under regulation 3 of these Regulations may not be given more than 14 days after the day on which the offence took place.

(3) Where a person is given a fixed penalty notice in respect of an offence under regulation 3 of these regulations—

(a) no proceedings may be instituted for that offence before the end of the period of 28 days beginning with the date of the notice, and

(b) the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.

(4) A fixed penalty payable in pursuance of a fixed penalty notice under this regulation is to be paid to the local authority in whose area the offence was committed.

(5) In any proceedings, a certificate which—

(a) purports to be signed by the person having responsibility for the financial affairs of the local authority to which the fixed penalty is to be paid, and

(b) states that payment of a fixed penalty was or was not received by the date specified in the certificate,

is evidence of the facts stated.

(6) An enforcement officer may require a person to give their name, address and date of birth, if the enforcement officer proposes to give the person a fixed penalty notice.

(7) A person commits an offence if the person—

(a) fails to give a name, address or date of birth when required to so under paragraph (6), or

(b) gives a false of inaccurate name, address or date of birth in response to a requirement under that paragraph.

(8) A person who commits an offence under paragraph (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) In this Part, “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence under regulation 3 of these Regulations by payment of a fixed penalty.

Contents of a fixed penalty notice

8. A fixed penalty notice must—

(a) state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,

(b) state the period during which, by virtue of regulation 7(3)(a), proceedings will not be instituted for the offence,

(c) state the amount of the fixed penalty, including any early payment discount,

(d) set out the period within which the fixed penalty must be paid, including the period within which the fixed penalty must be paid in order for the early payment discount to apply,

(e) explain that the fixed penalty notice contains an offer to discharge liability for the offence by payment of a fixed penalty and that the person is not required to accept that offer,

(f) explain that should the person choose not to accept the offer to discharge liability for the offence by payment of a fixed penalty, that person may be prosecuted for that offence,

(g) state the person to whom the fixed penalty may be paid, and the address and website for doing so.

Fixed penalty amounts and payment periods

9.—(1) Subject to paragraph (2), the fixed penalty amounts for an offence under regulation 3 are—

(a) £ 200 (fixed penalty), and

(b) £ 100 (discounted amount).

(2) Where a person has accepted the offer of a fixed penalty, the fixed penalty must be paid—

(a) in the case of the discounted amount, before the end of the period of 14 days beginning with the date of the notice,

(b) in any other case, before the end of the period of 28 days beginning with the date of the notice..

PART 5

Amendment of the 2018 Regulations

— The 2018 Regulations are amended in accordance with paragraph (2).

After regulation 6, insert—

Power to give a fixed penalty notice

7.—(1) An enforcement officer may, if having reason to believe that a person is committing or has committed an offence under regulation 3 of these Regulations, give that person a fixed penalty notice.

(2) A fixed penalty notice for an offence under regulation 3 of these Regulations may not be given more than 14 days after the day on which the offence took place.

(3) Where a person is given a fixed penalty notice in respect of an offence under regulation 3 of these regulations—

(a) no proceedings may be instituted for that offence before the end of the period of 14 days beginning with the date of the notice, and

(b) the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.

(4) A fixed penalty payable in pursuance of a fixed penalty notice under this regulation is to be paid to the local authority in whose area the offence was committed.

(5) In any proceedings, a certificate which—

(a) purports to be signed by the person having responsibility for the financial affairs of the local authority to which the fixed penalty is to be paid, and

(b) states that payment of a fixed penalty was or was not received by the date specified in the certificate,

is evidence of the facts stated.

(6) An enforcement officer may require a person to give their name, address and date of birth, if the enforcement officer proposes to give the person a fixed penalty notice.

(7) A person commits an offence if the person—

(a) fails to give a name, address or date of birth when required to so under paragraph (6), or

(b) gives a false of inaccurate name, address or date of birth in response to a requirement under that paragraph.

(8) A person who commits an offence under paragraph (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) In this Part, “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence under regulation 3 of these Regulations by payment of a fixed penalty.

Contents of a fixed penalty notice

8. A fixed penalty notice must—

(a) state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,

(b) state the period during which, by virtue of regulation 7(3)(a), proceedings will not be instituted for the offence,

(c) state the amount of the fixed penalty, including any early payment discount,

(d) set out the period within which the fixed penalty must be paid, including the period within which the fixed penalty must be paid in order for the early payment discount to apply,

(e) explain that the fixed penalty notice contains an offer to discharge liability for the offence by payment of a fixed penalty and that the person is not required to accept that offer,

(f) explain that should the person choose not to accept the offer to discharge liability for the offence by payment of a fixed penalty, that person may be prosecuted for that offence,

(g) state the person to whom the fixed penalty may be paid, and the address and website for doing so.

Fixed penalty amounts and payment periods

9.—(1) Subject to paragraph (2), the fixed penalty amounts for an offence under regulation 3 are—

(a) £200 (fixed penalty), and

(b) £ 100 (discounted amount).

(2) Where a person has accepted the offer of a fixed penalty, the fixed penalty must be paid—

(a) in the case of the discounted amount, before the end of the period of 14 days beginning with the date of the notice,

(b) in any other case, before the end of the period of 28 days beginning with the date of the notice..

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Environmental Protection (Single-use vapes) (Scotland) Regulations 2024 (“the 2024 Regulations”) to provide for a later coming into force date, to clarify the circumstances in which an enforcement officer may take vapes or components of vapes into their possession, to correct a minor error and to make provision for a fixed penalty notice procedure in relation to an offence under Regulation 4 of the 2024 Regulations.

The Regulations also make provision for a fixed penalty notice procedure in relation to offences under the Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021(“the 2021 Regulations”), the Environmental Protection (Cotton Buds) (Scotland) Regulations 2019(“the 2019 Regulations”) and the Environmental Protection (Microbeads) (Scotland) Regulations 2018(“the 2018 Regulations”).

Regulation 4 amends the coming into force date of the 2024 Regulations from 1 April 2025 to 1 June 2025. Regulation 6 clarifies that an enforcement officer in exercise of their powers under regulation 9(1)(e), (f) or (g) may take into their possession any vape or component of a vape found in any premises the enforcement officer has the power to enter, which appears to that enforcement officer to be a single-use vape or component of a single-use vape.

Regulation 7 inserts a new Part 4 into the 2024 Regulations which provides for a fixed penalty notice procedure in relation to offences under regulation 4 of the 2024 Regulations. New regulation 11 outlines the circumstances in which an enforcement officer may give a fixed penalty notice to a person, the effect of either accepting or refusing the offer to pay the fixed penalty, the time period during which a fixed penalty notice may be given, and during which no other proceedings may be commenced in relation to an offence under regulation 4. It additionally provides an enforcement officer with a power to require that a person to be issued with a fixed penalty notice give their name, address and date of birth, and a related offence for refusing to provide that information or giving false information. Finally, regulation 11 provides that a fixed penalty is to be paid to the local authority, and for a certificate as to the payment or non-payment of a fixed penalty is evidence in any proceedings of that payment or non-payment. Regulation 12 sets out the particulars that must be included in a fixed penalty notice given under regulation 11, and regulation 13 provides for the amount of the fixed penalty, the early payment discount amount, and the amounts in circumstances where there has been previous enforcement action.

Regulations 8, 9 and 10 make equivalent amendments to the 2021 Regulations, 2019 Regulations and 2018 Regulations respectively so as to provide for a fixed penalty procedure under those Regulations in similar terms without inclusion of provision for difference penalty amounts in the case of previous enforcement action.