SCHEDULES
SCHEDULE 6Charges for single use carrier bags
Part 2Civil sanctions
25Suspension
1
Where provision has been made by a relevant national authority conferring power on an administrator to impose a civil sanction in relation to a breach of regulations under this Schedule, the authority may direct the administrator—
a
where the power is power to impose a fixed monetary penalty, not to serve any further notice of intent referred to in paragraph 11(1)(a) in relation to a breach of that kind, and
b
where the power is power to impose a discretionary requirement, not to serve any further notice of intent referred to in paragraph 13(1)(a) in relation to a breach of that kind.
2
The relevant national authority may only give a direction under sub-paragraph (1) in relation to a breach of regulations under this Schedule if it is satisfied that the administrator has failed on more than one occasion—
a
to comply with any duty imposed on it under or by virtue of this Schedule in relation to a breach of that kind,
b
to act in accordance with the guidance it has published in relation to a breach of that kind (in particular, the guidance published under paragraph 21), or
c
to act in accordance with the principles referred to in paragraph 23 or with other principles of best practice in relation to the enforcement of a breach of that kind.
3
The relevant national authority may by direction revoke a direction given by it under sub-paragraph (1) if satisfied that the administrator has taken the appropriate steps to remedy the failure to which that direction related.
4
Before giving a direction under sub-paragraph (1) or (3) the relevant national authority must consult—
a
the administrator, and
b
such other persons as the authority considers appropriate.
5
Where the relevant national authority gives a direction under this section, the authority must lay a copy before—
a
Parliament (where the relevant national authority is the Secretary of State);
b
the National Assembly for Wales (where the relevant national authority is the Welsh Ministers);
c
the Northern Ireland Assembly (where the relevant national authority is the Department of the Environment in Northern Ireland).
6
Where the relevant national authority gives a direction under this section, the administrator must—
a
publish the direction in such manner as the authority thinks fit, and
b
take such other steps as the administrator thinks fit or the authority may require to bring the direction to the attention of other persons likely to be affected by it.