The Single Use Carrier Bags Charge (Scotland) Regulations 2014

Regulation 7

SCHEDULE Circumstances in which the requirement to charge in regulation 6 does not apply

1.  A single use carrier bag is used for a purpose described in this paragraph if it is—

(a) used solely to contain—

(i) unpackaged food or feed for human or animal consumption;

(ii) unpackaged loose seeds, bulbs, corms or rhizomes;

(iii) unpackaged goods contaminated by soil; or

(iv) an unpackaged axe, knife or blade;

(b) used solely to contain—

(i) a medicinal product, a listed appliance, or any other appliance sold or supplied in accordance with a prescription; or

(ii) pharmacy medicine;

(c) used solely to contain packaged uncooked fish or fish products, uncooked meat or meat products or uncooked poultry or poultry products, that has a gusset not more than 125 millimetres wide, and is not more than—

(i) 205 millimetres wide; or

(ii) 458 millimetres high (including any handle);

(d) used solely to contain live aquatic creatures in water;

(e) used to contain a purchase made on board a ship, train, aircraft, coach or bus;

(f) used to contain a purchase made in an aerodrome security restricted area;

(g) a mail order dispatch or courier bag; or

(h) a gusseted liner used to line or cover a box.

2.  In this Schedule—

“2012 Regulations” means the Human Medicines Regulations 2012(1);

“aerodrome security restricted area” means a security restricted area designated by the Secretary of State for the purposes of section 11A of the Aviation Security Act 1982(2);

“box” includes a crate or other containers of a similar nature;

“listed appliance” means a listed appliance within the meaning of section 27 of the National Health Service (Scotland) Act 1978(3);

“medicinal product” has the same meaning as in section 130 of the Medicines Act 1968(4);

“pharmacy medicine” means a medicinal product, other than a prescription only medicine, that—

(a)

in accordance with regulation 220 of the 2012 Regulations, can only be sold or supplied under the conditions specified in paragraph (2)(a) to (c) of that regulation; or

(b)

but for the fact that it is sold or supplied in accordance with regulation 223 of those Regulations(5), could only be lawfully sold or supplied under those conditions;

“prescription” means a prescription issued by—

(a)

a registered medical practitioner;

(b)

a person registered in the dentists register kept under section 14 of the Dentists Act 1984(6);

(c)

an EEA health professional, as defined in regulation 213(1) of the 2012 Regulations(7);

(d)

a nurse independent prescriber, as defined in regulation 8(1) of the 2012 Regulations;

(e)

an optometrist independent prescriber, as defined in regulation 8(1) of the 2012 Regulations;

(f)

a pharmacist independent prescriber, as defined in regulation 8(1) of the 2012 Regulations; or

(g)

a supplementary prescriber, as defined in regulation 8(1) of the 2012 Regulations;

“prescription only medicine” has the same meaning as in regulation 5(3) of the 2012 Regulations; and

“unpackaged” means wholly or partly unwrapped.

(1)

S.I. 2012/1916, relevantly amended by S.I. 2013/1855 and S.I. 2014/490.

(2)

1982 c.36. Section 11A was inserted by paragraph 3 of Schedule 1 to the Aviation and Maritime Security Act 1990 (c.31), and amended by S.I. 2010/902.

(3)

1978 c.29. There are amendments to section 27 which are not relevant to these Regulations.

(4)

1968 c.67. Section 130 was relevantly amended by S.I. 2006/2407 and S.I. 2012/1916.

(5)

Regulation 223 has been amended by S.I. 2013/1855.

(6)

1984 c.24. Section 14 was substituted by S.I. 2005/2011, and amended by S.I. 2007/3101.

(7)

Regulation 213 has been amended by S.I. 2014/490.