[F1Electronic waste trackingN.I.

Further provision about regulations under Article 5GN.I.

5H.—(1) Regulations under Article 5G may make provision about the enforcement of requirements imposed by or under the regulations.

(2) The regulations may include provision—

(a)creating criminal offences punishable with a fine in respect of failures to comply with the regulations;

(b)about such offences.

(3) The regulations may include provision—

(a)for, about or connected with the imposition of civil sanctions by the Department;

(b)in the case of a civil sanction that requires the payment of an amount, for that amount—

(i)to be specified in the regulations;

(ii)to be determined by the Department in accordance with the regulations;

(c)for such a determination to be made by reference to factors specified or described in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount to be paid may exceed the amount of those costs);

(d)about appeals against the imposition of a civil sanction.

(4) In this Article “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(5) The regulations may include provision for the imposition of sanctions of that kind whether or not the conduct in respect of which the sanction is imposed constitutes an offence.

(6) The regulations may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking any statutory provision.]