Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021: guidance

G - Enforcement

56. Enforcement work will be undertaken by local authority enforcement officers. Enforcement officers will be authorised by local authorities to exercise powers in the Regulations in order to determine whether an offence is being committed. This includes the power to enter premises to investigate. The full powers are contained in Regulation 15.

57. Enforcement officers will report cases to the Crown Office and Procurator Fiscal Service, who are responsible for prosecuting the offences in the Regulations.

58. If an offence is committed by a body corporate or a Scottish partnership or other unincorporated association, and it is proved that it was committed with the consent or connivance of a particular individual, such as a director or manager, or was attributable to their neglect, then that individual also commits an offence, and may be prosecuted.

59. There is a defence of due diligence to the offences – where a person is charged with an offence under these Regulations, it is a defence for them to show that they took all reasonable precautions and exercised all due diligence to prevent the offence being committed.

60. A person or business convicted of an offence may be liable for a fine of up to £5,000.