The Single Use Carrier Bags Charge (Fixed Penalty Notices and Amendment) (Scotland) Regulations 2015

Amendment to the Single Use Carrier Bags Charge (Scotland) Regulations 2014

5.—(1) The Single Use Carrier Bags Charge (Scotland) Regulations 2014(1) are amended as follows.

(2) In paragraph 1 of the Schedule—

(a) after sub-paragraph (g), omit “or”; and

(b) at the end of sub-paragraph (h) insert—

“; or

(i) used to contain a purchase made in—

(i) a prison;

(ii) a hospital in which a person is detained, or otherwise in custody, under the Mental Health (Care and Treatment) (Scotland) Act 2003(2) or Part 6 or section 200 of the Criminal Procedure (Scotland) Act 1995(3); or

(iii) secure accommodation,

where the bag is necessary for reasons of security, good order, discipline or  safety”.

(3) In paragraph 2 of the Schedule, after the definition of “prescription only medicine”—

(a) omit “and”; and

(b) insert—

““prison” means any prison, young offenders institution or remand centre which is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989(4), and includes any contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994(5);

“secure accommodation” has the same meaning as in regulation 2 of the Secure Accommodation (Scotland) Regulations 2013(6); and”.

(1)

S.S.I. 2014/161.

(2)

2003 asp 13.

(3)

1995 c.46.

(4)

1989 c.45.

(5)

1994 c.33. Section 106(4) was relevantly amended by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order (S.I. 1999/1820), Schedule 2, paragraph 115(3).

(6)

S.S.I. 2013/205.