Guidance on the use of fines, notices and other civil sanctions when enforcing the Environmental Protection (Single-use Vapes) (England) Regulations 2024

Where we think a person has committed an offence under these regulations, they can offer to take some action to ensure offences are not committed in the future. They can also offer to act to put right any damage caused to another person or to compensate them for that damage. They can also offer to correct any damage caused to the environment by their actions. This offer is known as an enforcement undertaking. Stockton-on-Tees Borough Council will consider whether to accept any offer of such an undertaking on a case-by-case basis.

If we have accepted an enforcement undertaking, we cannot prosecute for the offence to which it relates, nor can we issue a fine for that offence.

Completion certificates

Once we are satisfied that the person has taken the steps specified in the undertaking, we must issue a certificate confirming this. This is called a "completion certificate". A person who has given an undertaking can ask us for a certificate at any time and we must decide whether to issue one within 14 days. We must give a written response to the person if we decide not to issue the certificate.

Appeals against a decision not to issue a completion certificate

A person may appeal against our decision to refuse a completion certificate it if they think we made an error in the facts, we didn't apply the law properly or that our decision was unreasonable. Anyone wishing to appeal a decision should do so in writing to The First Tier Tribunal General Regulatory Chamber.

Non-compliance with an enforcement undertaking

If a person does not take the action agreed in the undertaking, we can either take action to issue any of the other notices in the regulations, we can issue a fine or we can prosecute the person. If a person has complied partly but not fully with an enforcement undertaking, we must consider this before we take any further action.