The Environmental Protection (Cotton Buds) (Scotland) Regulations 2019
| Jurisdiction | Scotland |
| Citation | SSI 2019/271 |
2019 No. 271
Environmental Protection
The Environmental Protection (Cotton Buds) (Scotland) Regulations 2019
Made 29th August 2019
Laid before the Scottish Parliament 2nd September 2019
Coming into force 12th October 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 140(1)(b) and (c), (3)(c) and (d), and (9) of the Environmental Protection Act 19901and all other powers enabling them to do so.
In accordance with section 140(6) of that Act2, they have published notices in the London Gazette and in the Edinburgh Gazette and have considered the representations made to them in accordance with those notices.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Environmental Protection (Cotton Buds) (Scotland) Regulations 2019 and come into force on 12 October 2019.
(2) These Regulations extend to Scotland only.
Interpretation
2. In these Regulations—
“authorised purpose” means the purpose of determining whether an offence under regulation 3(1) or (2) has been or is being committed,
“enforcement officer” means a person authorised under regulation 5,
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 19943,
“plastic” means a synthetic polymeric substance that can be moulded, extruded or physically manipulated into various solid forms and that retains its final manufactured shape during use in its intended applications,
“plastic-stemmed cotton bud” means a rod of plastic which has cotton wrapped around both ends, and
“supply” means supply by way of sale or by presentation as a promotional prize or gift in the course of a business.
Offences
3.—(1) A person who uses plastic to manufacture plastic-stemmed cotton buds commits an offence.
(2) A person who supplies, offers to supply, or has in their possession for supply, plastic-stemmed cotton buds, commits an offence.
(3) A person who commits an offence under paragraph (1) or (2) is liable—
(a)
(a) on summary conviction, to a fine not exceeding £5,000,
(b)
(b) on conviction on indictment, to a term of imprisonment not exceeding 2 years or a fine not exceeding £5,000 or both.
Offences by bodies corporate
4.—(1) Where—
(a)
(a) an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association, and
(b)
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
(i) a relevant individual, or
(ii) an individual purporting to act in the capacity of a relevant individual,
the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.
(2) In paragraph (1), “relevant individual” means—
(a)
(a) in relation to a body corporate—
(i) a director, manager, secretary or other similar officer of the body,
(ii) where the affairs of the body are managed by its members, a member,
(b)
(b) in relation to a Scottish partnership, a partner,
(c)
(c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
Enforcement
5.—(1) A local authority may authorise any person to exercise in its area, for an authorised purpose and in accordance with the terms of the authorisation, any of the powers specified in regulation 6, if that person appears suitable to exercise them.
(2) An authorisation under paragraph (1) must be in writing.
Powers of entry and examination etc.
6.—(1) The powers which an enforcement officer may be authorised to exercise are—
(a)
(a) to enter at any reasonable time any premises (other than premises used wholly or mainly as a dwelling) which the enforcement officer has reason to believe it is necessary to enter for an authorised purpose,
(b)
(b) when entering any premises under sub-paragraph (a)—
(i) to be accompanied by another enforcement officer, and
(ii) to bring any equipment or materials required for any authorised purpose for which the power of entry is being exercised,
(c)
(c) on entering any premises under sub-paragraph (a)—
(i) to make such examination and investigation as may in any circumstances be necessary,
(ii) to take such measurements and...
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