Climate Change (Scotland) Act 2009

88 Charges for supply of carrier bags

(1) The Scottish Ministers may, by regulations, require suppliers of goods—

(a) to charge for carrier bags supplied at the place where the goods are supplied for the purpose of enabling the goods to be taken away or delivered;

(b) to apply the net proceeds raised by such charges to the advancement of environmental protection or improvement or to any other purposes that may be reasonably regarded as analogous.

(2) The regulations may in particular include provision about—

(a) the circumstances in which the requirement applies;

(b) the suppliers to whom the requirement applies;

(c) the carrier bags to which the requirement applies;

(d) the minimum amount to be charged for each carrier bag;

(e) how the net proceeds raised by the charge are to be ascertained;

(f) the purposes to which those net proceeds are to be applied;

(g) subject to section 89—

(i) the enforcement authority in relation to the regulations; and

(ii) the functions of that authority;

(h) the keeping of records and their production to the enforcement authority;

(i) the enforcement of the duties imposed by the regulations;

(j) offences in relation to failures to comply with requirements of the regulations.

(3) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.