- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Packaging Waste (Data Reporting) (England) Regulations 2023. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
10.—(1) In these Regulations, a person “supplies” packaging or packaging materials if that person does any of the following, either themselves or through an agent acting on their behalf, in relation to packaging or packaging materials owned by that person—
(a)selling, hiring out or lending;
(b)providing in exchange for any consideration other than money;
(c)providing in or in connection with the performance of any statutory function; or
(d)giving as a prize or otherwise making a gift.
[F1(1A) In these Regulations, an importer is to be treated as “supplying” packaging or packaging materials which the importer imports into and discards in the United Kingdom.]
(2) Where the packaging or packaging materials are owned by a person who does not have a registered office or principal place of business in the United Kingdom, a supply takes place when a person who is established in the United Kingdom performs any of the [F2actions] in paragraph (1)(a) to (d) on behalf of the owner in relation to that packaging or packaging materials.
(3) Where the packaging is branded packaging, within the meaning of regulation 8(2), the brand owner is to be treated for the purposes of these Regulations as supplying that packaging even if the brand owner does not do any of the actions listed in paragraph (1) in relation to the packaging.
(4) Paragraph (3) does not apply in relation to—
(a)any packaging which is imported into the United Kingdom by—
(i)an importer, unless the importer is acting as an agent for the brand owner; or
(ii)an online [F3marketplace] operator;
(b)any reusable packaging supplied by a service provider.
Textual Amendments
F1Reg. 10(1A) inserted (30.6.2023) by The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 (S.I. 2023/721), regs. 1(2)(a), 8(a)
F2Word in reg. 10(2) substituted (30.6.2023) by The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 (S.I. 2023/721), regs. 1(2)(a), 8(b)
F3Word in reg. 10(4)(a)(ii) substituted (30.6.2023) by The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 (S.I. 2023/721), regs. 1(2)(a), 8(c)
Commencement Information
I1Reg. 10 in force at 28.2.2023, see reg. 1(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: