The Single Use Carrier Bags Charges (England) Order 2015

1Citation, application, commencement and expiry

2Interpretation

3Obligation to charge

4Obligations in relation to records

5Administrators

7Powers of enforcement

8Duties to report and publish guidance

9Power to impose fixed monetary penalty

10Power to impose one or more discretionary requirements

11Power to impose non-compliance penalty

12Power to recover costs

13Power to require publicity

14Power to withdraw or amend notice

15Power to recover payments

17Amendment of Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008

19Transitional and saving provision

SCHEDULE 1Sellers

2Number of employees of a person

SCHEDULE 2Single use carrier bags

SCHEDULE 3Records

1Record-keeping

2Supply of records

3Meaning of reporting year

SCHEDULE 4Reporting and guidance

1Publication of records

2Publication of report about enforcement action

3Guidance as to use of civil sanctions

SCHEDULE 5Fixed monetary penalties: amounts and procedure

PART 1Fixed monetary penalties: amounts

1The amount of penalty which may be imposed as a...

PART 2Fixed monetary penalties: procedure

2Notice of intent

3Discharge of liability following notice of intent

4Making representations and objections

5Decision whether to impose a fixed monetary penalty

6Contents of final notice

8Early payment discount

9Late payment penalty

SCHEDULE 6Discretionary requirements: amounts and procedure

PART 1Variable monetary penalties: maximum amounts

1The maximum amount of variable monetary penalty which may be...

PART 2Discretionary requirements: procedure

2Notice of intent

3Making representations and objections

4Decision whether to impose discretionary requirements

5Contents of a final notice

7Early payment discount

8Late payment penalty

SCHEDULE 7Non-compliance penalties: procedure

1Notice of intent

2Making representations and objections

3Decision whether to impose a non-compliance penalty

4Contents of a non-compliance penalty notice

5Late payment penalty

2015 No. 776

Environmental Protection, England

The Single Use Carrier Bags Charges (England) Order 2015

Made19th March 2015

Coming into force in accordance with article 1(c)

The Secretary of State is satisfied in accordance with paragraph 23 of Schedule 6 to the Climate Change Act 20081 (“the CCA 2008”) that each administrator appointed by article 5(1) will act in accordance with the principles that:

a

regulatory activities should be carried out in a way that is transparent, accountable, proportionate and consistent;

b

regulatory activities should be targeted only at cases in which action is needed.

A draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with:

c

section 77(4)2 of, and paragraph 27(2) of Schedule 6 to, the CCA 2008;

d

section 20(3) of the Regulatory Enforcement and Sanctions Act 20083 Act (“the RESA 2008”).

The Secretary of State makes this Order in exercise of the powers conferred by section 90(3) and (5) of, and Schedule 6 to, the CCA 2008 and section 4(4)(a) of the RESA 2008.