Section 77 SCHEDULE 6 E+W+N.I. Charges for [ 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) 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 ] . 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) Part 2 E+W+N.I. Civil sanctions Civil sanctions E+W+N.I. 9 (1) The relevant national authority may make provision by regulations about civil sanctions for breaches of regulations under this Schedule. E+W+N.I.
(2) For the purposes of this a person breaches regulations under this if, in such circumstances as may be specified, the person- (a) fails to comply with a requirement made by or under the regulations, or (b) obstructs or fails to assist an administrator. (3) In this " civil sanction " means- (a) a fixed monetary penalty (see paragraph 10), or (b) a discretionary requirement (see paragraph 12). Fixed monetary penalties E+W+N.I. 10 (1) The regulations may make provision conferring on an administrator the power by notice to impose a fixed monetary penalty on a person who breaches regulations under this Schedule. E+W+N.I. (2) The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred. (3) For the purposes of this a "fixed monetary penalty" is a requirement to pay to an administrator a penalty of an amount specified in or determined in accordance with the regulations. (4) The regulations may not provide for the imposition of a fixed monetary penalty in excess of 5,000. Fixed monetary penalties: procedure E+W+N.I. 11 (1) Provision under paragraph 10 must secure that- E+W+N.I. (a) where an administrator proposes to impose a fixed monetary penalty on a person, the administrator must serve on that person a notice of what is proposed (a "notice of intent") that complies with sub-paragraph (2), (b) the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty), (c) if the person does not so discharge liability- (i) the person may make written representations and objections to the administrator in relation to the proposed imposition of the fixed monetary penalty, and (ii) the administrator must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty, (d) where the administrator decides to impose the fixed monetary penalty, the notice imposing it ("the final notice") complies with sub-paragraph (4), and (e) the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it. (2) To comply with this sub-paragraph the notice of intent must include information as to- (a) the grounds for the proposal to impose the fixed monetary penalty, (b) the effect of payment of the sum referred to in sub-paragraph (1)(b), (c) the right to make representations and objections, (d) the circumstances in which the administrator may not impose the fixed monetary penalty, (e) the period within which liability to the fixed monetary penalty may be discharged, which may not exceed the period of 28 days beginning with the day on which the notice of intent was ) by (Northern Ireland) 2014 (c. 7) , s. 8(2)(a) . 6 para. 24(6) omitted (N.I.) (28.4.2014) by virtue of (Northern Ireland) 2014 (c. 7) , s. 8(2)(b) Suspension E+W+N.I. 25 (1) Where provision has been made by a relevant national authority conferring power on an administrator to impose a civil sanction in relation to a breach of regulations under this , the authority may direct the administrator- E+W+N.I. (a) where the power is power to impose a fixed monetary penalty, not to serve any further notice of intent referred to in paragraph 11(1)(a) in relation to a breach of that kind, and (b) where the power is power to impose a discretionary requirement, not to serve any further notice of intent referred to in paragraph 13(1)(a) in relation to a breach of that kind. (2) The relevant national authority may only give a direction under sub-paragraph (1) in relation to a breach of regulations under this if it is satisfied that the administrator has failed on more than one occasion- (a) to comply with any duty imposed on it under or by virtue of this in relation to a breach of that kind, (b) to act in accordance with the guidance it has ) by (Northern Ireland) 2014 (c. 7) , s. 8(3) Payment of penalties into Consolidated Fund E+W+N.I. 26 (1) Where pursuant to any provision made under this an administrator receives- E+W+N.I. (a) a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty under paragraph 14, (b) any interest or other financial penalty for late payment of such a penalty, or (c) a sum paid in discharge of liability to a fixed monetary penalty pursuant to paragraph 11(1)(b), the administrator must pay it into the relevant Fund. (2) In sub-paragraph (1) " relevant Fund " means- (a) in a case where the administrator has functions only in relation to Wales, the Welsh Consolidated Fund, (b) in a case where the administrator has functions only in relation to Northern Ireland, the and (c) in any other case, the Consolidated Fund. Part 3 E+W+N.I. Procedures applying to regulations Regulations made by a single authority E+W+N.I. 27 (1) This paragraph applies in relation to an instrument containing regulations under this made by a single national authority. E+W+N.I. (2) Where the instrument contains regulations that- (a) are to be made by the Secretary of State, and (b) are subject to affirmative resolution procedure, the regulations must not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament. (3) Where the instrument contains regulations that- (a) are to be made by a national authority other than the Secretary of State, and (b) are subject to affirmative resolution procedure, the regulations must not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of the relevant devolved legislature. (4) An instrument containing regulations made by the Secretary of State that are subject to negative resolution procedure is subject to annulment in pursuance of a resolution of either House of Parliament.
(5) An instrument containing regulations made by the Welsh Ministers that are subject to negative resolution procedure is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (6) An instrument containing regulations made by the Department of the Environment in Northern Ireland that are subject to negative resolution procedure is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act. (7) Any provision that may be made by regulations subject to negative resolution procedure may be made by regulations subject to affirmative resolution procedure. Regulations made by two or more national authorities E+W+N.I. 28 (1) This paragraph applies in relation to an instrument containing regulations under this made or to be made by any two or more of- E+W+N.I. (a) the Secretary of State, (b) the Welsh Ministers, and (c) the Department of the Environment in Northern Ireland. (2) If any of the regulations are subject to affirmative resolution procedure, all of them are subject to that procedure. (3) Sub-paragraphs (2) to (6) of paragraph 27 apply to the instrument as they apply to an instrument containing regulations made by a single national authority. (4) If in accordance with that paragraph- (a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument containing regulations made by the Secretary of State be annulled, or (b) a devolved legislature resolves that an instrument containing regulations made by a national authority be annulled, nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument. (5) This is without prejudice to the validity of anything previously done under the instrument or to the making of a new instrument. (6) This paragraph applies in place of provision made by any other enactment about the effect of such a resolution. Hybrid instruments E+W+N.I. 29 E+W+N.I. If a draft of an instrument containing regulations under this would, apart from this paragraph, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.