Climate Change Act 2008

Charges for [F1 single use carrier bags][F1 carrier bags] E+W+N.I.

Textual Amendments

F1 Words in Sch. 6 para. 2 substituted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 1(b)

77 Charges for [F1 single use carrier bags][F1 carrier bags] E+W+N.I.

(1) Schedule 6 makes provision about charges for [F1 single use carrier bags][F1 carrier bags].

(2) In that Schedule—

• Part 1 confers power on the relevant national authority to make regulations about charges for [F1 single use carrier bags][F1 carrier bags];

• Part 2 makes provision about civil sanctions;

• Part 3 makes provision about the procedures applying to regulations under the Schedule.

(3) In that Schedule “the relevant national authority” means—

(a) the Secretary of State in relation to England;

(b) the Welsh Ministers in relation to Wales;

(c) the Department of the Environment in Northern Ireland in relation to Northern Ireland.

(4) Regulations under that Schedule are subject to affirmative resolution procedure if—

(a) they are the first regulations to be made by the relevant national authority in question under the Schedule,

[F2 (aa) they are the first regulations to be made by the Welsh Ministers under paragraph 4A of the Schedule,]

[F3 (aa) they are to be made by the Department of the Environment in Northern Ireland under paragraph 4A of the Schedule;]

[F4 (ab) they are to be made by the Department of the Environment in Northern Ireland and increase the minimum amount specified under paragraph 4 of the Schedule;]

(b) they contain provision imposing or providing for the imposition of new civil sanctions,

(c) they increase the amount or maximum amount of a monetary penalty or change the basis on which such an amount or maximum is to be determined, or

(d) they amend or repeal a provision of an enactment contained in primary legislation.

(5) Otherwise regulations under that Schedule are subject to negative resolution procedure.

[F5 (6) Section 17(5) of the Interpretation Act (Northern Ireland) 1954 applies to a power to make regulations under Schedule 6.]

Textual Amendments

F2 S. 77(4)(aa) inserted (E.W.) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 2, 21(2)

F3 S. 77(4)(aa) inserted (N.I.) (4.5.2011) by Single Use Carrier Bags Act (Northern Ireland) 2011 (c. 26), s. 1(2)

F4 S. 77(6) inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 2(3)

F5 S. 77(4)(ab) inserted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 2(2)