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

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Single Use Carrier Bags Charge (Fixed Penalty Notices and Amendment) (Scotland) Regulations 2015 and come into force on 1st April 2015.

(2) In these Regulations, “the Act” means the Climate Change (Scotland) Act 2009.

Fixed penalty notices: enforcement authority

2.—(1) The enforcement authority in relation to these Regulations is a local authority for the area of the authority.

(2) The enforcement authority has the following functions in relation to fixed penalty notices:—

(a) authorising a person for the purposes of section 88A(1) of the Act; and

(b) the functions of an enforcement authority under schedule 1A of the Act.

Time after which a fixed penalty notice may not be given

3.  The time prescribed for the purposes of paragraph 3 of schedule 1A to the Act (period in which notice can be given) is 7 days after the day on which the offence took place.

Fixed penalty notices: prescribed amount and the discounted amount

4.  For the purposes of paragraph 4 of schedule 1A to the Act (amount of penalty)—

(a) the amount of the fixed penalty is £200; and

(b) the discounted amount is £100.

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”.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

31st March 2015