Part 1 E+W+N.I. Powers to make regulations about charges General power E+W+N.I. 1 E+W+N.I. The relevant national authority may make provision by regulations about charging by sellers of goods for the supply of [ F1 single use carrier bags ] [ F1 carrier bags ] . 6 para. 2 substituted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 1(b) Requirement to charge E+W+N.I. 2 E+W+N.I. The regulations may make provision requiring sellers of goods to charge for [ F1 single use carrier bags ] [ F1 carrier bags ] supplied- [ F2 (a) at a place where goods are sold, for the purpose of enabling goods to be taken away, or ] [ F2 at the place where the goods are sold, for the purpose of enabling the goods to be taken away, or ] [ F2 (b) for the purpose of enabling goods to be delivered. ] [ F2 for the purpose of enabling the goods to be delivered. ] 6 para. 2(a)(b) substituted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 3(1) [ F3 2A E+W+N.I. The regulations may make provision for treating carrier bags as having been supplied for the purpose of enabling goods to be taken away if the carrier bags have been designed for that purpose. ] 6 para. 2A inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 3(2) Sellers of goods E+W+N.I. 3 (1) " Seller ", in relation to goods, has the meaning given by the regulations which may define that term by reference (in particular) to- E+W+N.I. (a) a person's involvement in selling the goods, (b) a person's interest in the goods, or (c) a person's interest in the place at or from which the goods are sold, or any combination of those factors. (2) The regulations may make provision for regulations under this to apply- (a) to all sellers of goods, (b) to sellers of goods named in the regulations, (c) to sellers of goods identified by reference to specified factors, or (d) to sellers of goods within paragraph (b) and sellers of goods within paragraph (c). (3) The specified factors may include- (a) the place or places at or from which a seller supplies goods; (b) the type of goods that a seller supplies; (c) the value of goods that a seller supplies; (d) a seller's turnover or any part of that turnover. [ F4 (e) the number of a seller's full-time equivalent employees. ] (4) In this " specified " means specified in regulations under this . [ F5 (5) For the purposes of sub-paragraph (3)(e), the number of a seller's full-time equivalent employees is calculated as follows- Step 1 Find the number for full-time employees of the seller. Step 2 Add, for each employee of the seller who is not a full-time employee, such fraction as is just and reasonable. The result is the number of full-time equivalent employees. ] 6 para. 3(5) inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 4(3) F5 Sch. 6 para. 3(3)(e) inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 4(2) Amount of charge E+W+N.I. 4 E+W+N.I. The regulations may specify the minimum amount that a seller must charge for each [ F6 single use carrier bag ] [ F6 carrier bag ] , or provide for that amount to be determined in accordance with the regulations. 2014 (c. 7) , s. 1(a) Destination of proceeds - Wales E+W+N.I. [ F7 4A (1) This paragraph applies to regulations made by the Welsh Ministers in relation to Wales. (2) The regulations may provide for the application of the net proceeds of the charge to specified purposes. [ F8 (2A) The regulations may- (a) provide for the time when and manner in which the gross or net proceeds of the charge are to be paid to the Department; (b) provide for the payment of interest for late payment of the gross or net proceeds of the charge to the Department. ] (3) Regulations under sub-paragraph (2) may (among other things)- (a) require sellers to apply the net proceeds of the charge to any one or more specified purposes; (b) provide for any duty imposed under paragraph (a) to be discharged (subject to any provision made under paragraph (c)) by the net proceeds of the charge being ) by (Wales) Measure 2010 (nawm 8) , ss. 1(2) , 21(2) . 6 para. 4A(2A) inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 5 [ F9 4A (1) This paragraph applies to regulations made by the Department in relation to Northern Ireland. E+W+N.I. (2) The regulations may require the seller to pay to the (a) the gross proceeds of the charge, or (b) the net proceeds of the charge. (3) Paragraph 7(3)(c) does not apply to any amount required by regulations made under this paragraph to be paid to the Department. (4) In this paragraph- " the Department " means the Department of the Environment in Northern Ireland; " gross proceeds of the charge " means the amount ) by (Northern Ireland) 2011 (c. 26) , s. 1(1) Interpretation of paragraph 4A E+W+N.I. [ F7 4B (1) This paragraph applies for the purposes of paragraph 4A. (2) " Children " means persons who have not attained the age of 18. (3) " Pollution " means pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy.
(4) For the purposes of the definition in sub-paragraph (3), " environmental harm " means any of the following- (a) harm to the health of humans and other living organisms; (b) harm to the quality of the environment, including- (i) harm to the quality of the environment taken as a whole, (ii) harm to the quality of the air, water or land, and (iii) other impairment of, or interference with, the ecological systems of which any living organisms form part; (c) offence to the senses of human beings; (d) damage to property; (e) impairment of, or interference with, the amenity of the environment or any legitimate use of the environment. (5) For the purposes of sub-paragraphs (3) and (4), " air " includes (but is not limited to) air within buildings and air within other natural or man-made structures above or below ground. (6) " Nuisance " means an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment. (7) " Net proceeds of the charge " has the same meaning as in paragraph 7(4). (8) " Young people " means persons who have attained the age of 18, but not the age of 25. ] 6 paras. 4A, 4B inserted (E.W.) (15.2.2011) by (Wales) Measure 2010 (nawm 8) , ss. 1(2) , 21(2) [ use carrier bags ] [ F1 Carrier bags ] E+W+N.I. 5 [ (1) ] " [ F6 Single use carrier bag ] [ F6 Carrier bag ] " has the meaning given by the regulations, which may define that term by reference (in particular) to- E+W+N.I. (a) a bag's size, thickness, construction, composition or other characteristics, [ F11 or ] (b) its intended use, [ F12 or (c) its price, ] or any combination of those factors. [ (2) In this paragraph " price " means the price paid by a specified person, excluding any minimum charge that may be applicable by virtue of paragraph 4. ] 2014 (c. 7) , s. 1(a) . 6 para. 5 renumbered as Sch. 6 para. 5(1) (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 6(2) F11 Word in Sch. 6 para. 5(1)(a) omitted (N.I.) (28.4.2014) by virtue of (Northern Ireland) 2014 (c. 7) , s. 6(3)(a) F12 Sch. 6 para. 5(1)(c) and preceding word inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 6(3)(b) . 6 para. 5(2) inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 6(4) Administration E+W+N.I. 6 (1) The regulations may appoint a person (an "administrator") to administer provision made by regulations under this Schedule. E+W+N.I. (2) More than one person may be appointed as administrator. (3) The regulations may confer or impose powers or duties on an administrator and may (in particular) do so- (a) by making modifications to any enactment applying to the administrator, or (b) by providing for any such enactment to apply, with or without modifications, for the purposes of regulations under this . (4) References in this to an administrator include a person appointed by an administrator. [ F14 Registration E+W+N.I. 6 para. 6A and cross-heading inserted (9.1.2022 for E.W., 28.2.2022 for N.I.) by Environment Act 2021 (c. 30) , ss. 56 , 147(2)(f) (6) (with s. 144 ); S.R. 2022/54 , art. 2(1)(h) 6A (1) This paragraph applies to regulations made by- E+W+N.I. (a) the Secretary of State, or (b) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. (2) The regulations may require sellers to register with an administrator. (3) The regulations may make provision- (a) about applications for registration, (b) about the period for which registration has effect, (c) about the cancellation of registration. (4) The regulations may require sellers to pay to the administrator, in connection with their registration, fees of an amount determined by, or by the administrator in accordance with, the regulations. (5) The regulations may provide for the amount of the fees to be such as to recover the costs incurred by the administrator in performing its functions under the regulations. ] Record-keeping and publication of records E+W+N.I. 7 (1) The regulations may require records to be kept relating to charges made for [ F1 single use carrier bags ] [ F1 carrier bags ] . E+W+N.I. (2) The regulations may require- (a) the records, or such other information as may be specified, to be ) by (Northern Ireland) 2014 (c. 7) , s. 7(2) . 6 para. 7(3A) inserted (E.W.) (15.2.2011) by (Wales) Measure 2010 (nawm 8) , ss. 1(3) , 21(2) Enforcement E+W+N.I. 8 (1) The regulations may confer or impose powers or duties on an administrator to enforce provision made by regulations under this Schedule. E+W+N.I. (2) The regulations may (in particular) confer powers on an administrator to- (a) require the production of documents or the provision of information, [ F17 or ] [ F18 (aa) inspect, retain or copy such documents, or ] (b) question a seller or officers or employees of a seller. [ F19 (2A) Regulations made by the Welsh Ministers may also confer powers on an administrator to question a person the administrator reasonably believes has ) by virtue of (Northern Ireland) 2014 (c. 7) , s. 7(3)(a) . 6 para. 8(2)(aa) inserted (N.I.) (28.4.2014) by (Northern Ireland) 2014 (c. 7) , s. 7(3)(b) . 6 para. 8(2A) inserted (E.W.) (15.2.2011) by (Wales) Measure 2010 (nawm 8) , ss. 1(4) , 21(2) . 6 para. 8(3) omitted (N.I.) (28.4.2014) by virtue of (Northern Ireland) 2014 (c. 7) , s. 7(3)(c)