New section 34CB Further provision about regulations under section 34CA
475 Subsection (1) allows the regulations made under new section 34CA to specify how the requirements imposed by the regulations will be enforced.
476 Subsection (2) contains further detail about the enforcement provisions mentioned in subsection (1). Subsection (2) allows the regulations to create criminal offences for failing to comply with the regulations. The maximum penalty the regulations can specify for committing such an offence is a fine.
477 Subsection (3) contains further detail about the enforcement provisions mentioned in subsection (1), in relation to civil sanctions. Subsection (3) allows regulations to enable an enforcing authority to impose civil sanctions on persons for failing to comply with the regulations. The regulations may specify a fixed penalty amount or allow the enforcement authority to determine the amount of civil sanction. The regulations may also include details of any appeals process against a civil sanction imposed under the regulations.
478 Subsection (4) defines "Civil Sanction" as a type of sanction in Part 3 of the Regulatory Enforcement and Sanctions Act 2008.
479 Subsection (5) makes further provision about civil sanctions. It states that the conduct that has led to the sanction need not be an offence. The regulations may impose civil sanctions even if the person imposing them is not a "regulator" within the meaning of the Regulatory Reform and Sanctions Act 2008. The regulations may also impose civil sanctions whether or not the Secretary of State, Welsh Ministers or Scottish Ministers could make provision for such sanctions to be imposed under Part 3 of that Act.
480 Subsection (6) allows the regulations to make different provisions for different purposes, which might include exempting certain categories of waste controllers or placing different duties on certain categories of waste controllers depending on their circumstances.
481 Subsection (7) provides the power to make consequential, transitional and similar amendments to legislation, including a power to make such amendments to primary legislation and retained direct EU legislation, by regulations.
482 Subsection (8) provides definitions of "enforcement authority" and "primary legislation" for the purposes of new section 34CB. "Enforcement authority" is defined as the Environment Agency in England, Natural Resources Wales in Wales and the Scottish Environment Protection Agency in Scotland. "Primary legislation" is defined as an Act of Parliament in relation to regulations made by the Secretary of State, an Act of Parliament or Act or Measure of the National Assembly for Wales in relation to regulations made by Welsh Ministers, and an Act of Parliament or an Act of the Scottish Parliament in relation to regulations made by Scottish Ministers.
483 Subsection (3) of clause 55 amends the table in section 160A(2) of the Environmental Protection Act 1990, as inserted into that act by this Bill. The purpose of the table is to detail the circumstances in which instruments made under those powers are subject to the affirmative procedure. The amendments mean the affirmative parliamentary procedure must be used for the first set of regulations made by the relevant national authority, where the regulations create a criminal offence, increase the maximum penalty for a criminal offence, create a civil sanction or amend primary legislation or retained direct principal EU legislation.
484 Subsection (4) of clause 55 amends section 41(1) of the Environment Act 1995 in relation to the powers of the Environment Agency, Natural Resources Wales and the Scottish Environment Protection Agency to make charging schemes. The amendment inserts paragraph (da) into section 41(1) of the 1995 Act. The effect of that amendment is that the Environment Agency, Natural Resources Wales and the Scottish Environment Protection Agency can make a charging scheme to recover costs incurred when performing their functions in relation to functions given to them by the electronic waste tracking regulations.
485 Clause 55 extends and applies to Great Britain.
Clause 56: Electronic waste tracking: Northern Ireland
486 Clause 56 amends the Waste and Contaminated Land (Northern Ireland) Order 1997 to create powers to introduce electronic (digital) waste tracking in Northern Ireland, and to create associated criminal offences (punishable by a fine) and civil penalties.
487 Subsection (2) inserts new Articles 5G and 5H into the Waste and Contaminated Land (Northern Ireland) Order 1997 after Article 5F. The effect of these two new Articles is detailed below.