Climate change offences
Updated 21 February 2024
Applies to England
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This publication is available at https://www.gov.uk/government/publications/offence-response-options-environment-agency/climate-change-offences
1. The Greenhouse Gas Emissions Trading Scheme Order 2020
These regulations allow for civil penalties. More details are available in our Enforcement and sanctions policy.
2. Energy Savings Opportunity Scheme Regulations 2014
These regulations allow for civil penalties. More details are available in our Enforcement and sanctions policy.
3. Climate Change Agreement (Administration) Regulations 2012
These regulations allow for civil penalties. More details are available in our Enforcement and sanctions policy.
4. Fluorinated Greenhouse Gases Regulations 2015
These regulations allow for civil penalties. More details are available in our Enforcement and sanctions policy.
Regulation 29:
Breach Article 3(1) of EU regulations 517/2014 (prohibition on intentional release of fluorinated greenhouse gas) or to cause or permit another person to do so.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 30(1):
Criminal liability of officers of the company in relation to offences that their company (body corporate) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
Regulation 30(2):
Criminal liability of members, where the affairs of the body corporate are managed by its members, in relation to offences that their company (body corporate) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
Regulation 30(3):
Criminal liability of partners in relation to offences that their partnership is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
Regulation 30(8):
Criminal liability of officers or members of the governing body in relation to offences that their unincorporated association (not a partnership) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
5. The Ozone-Depleting Substances Regulations 2015
Regulation 8(1):
Person not competent to carry out any relevant work.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 8(1):
Person not competent to carry out work with methyl bromide.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 8(1):
Employer fails to ensure person is competent to carry out any relevant work.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 8(1):
Employer fails to ensure person is competent to carry out work with methyl bromide.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 8(2):
Training employer fails to ensure the course of training will enable an employee who has been trained, to carry out the relevant job satisfactorily.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 8(2):
Training employer fails to keep records for the required period, under regulation 7(2).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 8(2):
Training employer fails to provide a copy of the record under regulation 7(2), to the employee when requested so by that employee during the required period.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 9(1):
Any person who breaches a provision of the EU regulation set out in Schedule 4 of The Ozone-Depleting Substances Regulations.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 9(2)(a):
Failure to comply with an enforcement notice.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 9(2)(b):
Failure to comply with a notice issued by the Secretary of State, under regulation 18.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 9(3)(a):
Obstruction of an Environment Agency officer.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 9(3)(b):
Failure or refusal to provide assistance or information reasonably required by an Environment Agency officer, without reasonable cause.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 9(3)(c):
Furnish information knowing it to be false or misleading.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 9(3)(d):
Failure to produce a document or record when required to do so.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 11(1):
Criminal liability of directors, managers, secretaries or other similar officer in relation to offences that their company (body corporate) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
Regulation 11(3):
Criminal liability of members, where the affairs of the body corporate are managed by its members, in relation to offences that their company (body corporate) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
Regulation 11(4):
Criminal liability of partners in relation to offences that their partnership is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
Regulation 11(10):
Criminal liability of officers or members of the governing body in relation to offences that their unincorporated association (not a partnership) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
Regulation 15(a)(i):
Intentionally preventing another person from appearing before an authorised person.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 15(a)(ii):
Intentionally prevent another person from answering any questions to which an authorised person asks.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 15(b):
Intentionally obstruct an authorised person.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 15(c):
Furnishes information to an authorised person, knowing it to be false or misleading.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 15(d):
Fails to produce a record to an authorised person when required to do so.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 15(e):
Pretends to be an authorised officer.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
6. The CRC Energy Efficiency Scheme Order 2013
These regulations allow for civil penalties. More details are available in our Enforcement and sanctions policy.
Article 82(1)(a):
Knowingly or recklessly make a statement which is false or misleading in a material particular.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Article 82(2):
Failure to comply with an enforcement notice.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Article 82(4):
Impersonation of an authorised person.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Article 82(5):
Refuse to allow access to an Environment Agency officer or other administrator where access is required in order to monitor compliance.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
7. Version control
December 2020
Changed ‘The Greenhouse Gas Emissions Trading Scheme Regulations 2012’ to ‘The Greenhouse Gas Emissions Trading Scheme Order 2020’.