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The Single Use Carrier Bags Charge (Wales) Regulations 2010

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Regulation 12

SCHEDULE 2Fixed monetary penalties

PART 1Imposition of fixed monetary penalties and procedure

Power to impose fixed monetary penalty

1.  (1)  An administrator may by notice impose a fixed monetary penalty on a seller who breaches these Regulations in the circumstances specified in regulation 11(1).

(2) An administrator may exercise the power conferred by sub-paragraph (1) in relation to a case if it is satisfied on the balance of probabilities that the breach has occurred.

Fixed monetary penalties

2.  The amount of penalty which can be imposed by an administrator as a fixed monetary penalty in any case is the amount specified in the second column of the table in Part 2 by reference to the kind of breach concerned.

Notice of Intent

3.  (1)  Where an administrator proposes to impose a fixed monetary penalty on a seller, the administrator must serve a notice of intent on that seller(1).

(2) A notice of intent must—

(a)state the amount of the penalty;

(b)offer the seller the opportunity to discharge its liability to the penalty by paying the specified sum within 28 days beginning with the day on which the notice is received;

(c)include information as to—

(i)the grounds for the proposal to impose the fixed monetary penalty;

(ii)the effect of payment of the specified sum;

(iii)the right to make representations and objections conferred by paragraph 5;

(iv)the circumstances in which the administrator may not impose the fixed monetary penalty;

(v)the 28 day period within which liability to the fixed monetary penalty may be discharged by virtue of paragraph 4;

(vi)the 28 day period within which representations and objections may be made;

(vii)how payment may be made.

Discharge of liability following notice of intent

4.  (1)  A seller’s liability to a fixed monetary penalty is discharged if the seller pays the specified sum within 28 days beginning with the day on which the notice of intent to which it relates was received.

(2) The specified sum is the amount specified in the third column of the table in Part 2 by reference to the kind of breach concerned.

Making representations and objections

5.  (1)  This paragraph applies if a seller does not discharge its liability to a fixed monetary penalty by payment of the specified sum.

(2) Within 28 days of the day on which the notice of intent was received by the seller, the seller may make written representations and objections to the administrator in relation to the proposed imposition of the fixed monetary penalty.

Decision whether to impose a fixed monetary penalty

6.  (1)  At the end of the 28 day period for making representations and objections under paragraph 5, the administrator must decide whether to impose the fixed monetary penalty.

(2) In making a decision under this paragraph an administrator must take into consideration any representations or objections made by the seller in accordance with that paragraph.

(3) An administrator may not decide to impose a fixed monetary penalty in any of the following circumstances—

(a)if liability to a fixed monetary penalty in respect of the same breach has been discharged by payment of the specified sum;

(b)if a fixed monetary penalty has previously been imposed in respect of the same breach;

(c)if a discretionary requirement has been imposed in respect of the same act or omission;

(4) Without restricting the power under sub-paragraph (1), an administrator may decide not to impose a fixed penalty if the administrator considers that in all the circumstances of the case it would be inexpedient to do so.

(5) Where the administrator decides to impose the fixed monetary penalty it must do so by serving the final notice on the seller(2).

(6) The final notice must comply with paragraph 7.

Contents of final notice

7.  The final notice must include information as to—

(a)the grounds for imposing the fixed monetary penalty;

(b)the administrator’s response to any representation and objections made by the seller;

(c)the amount of the penalty;

(d)how payment may be made;

(e)the period of 56 days within which payment must be made;

(f)the effect of paragraph 9 (early payment discount);

(g)the effect of paragraph 10 (late payment penalty);

(h)rights of appeal; and

(i)the consequences of non-payment.

Payment

8.  (1)  A fixed monetary penalty must be paid by a seller within 56 days beginning with the day on which the final notice imposing it was received.

  • But this is subject to regulation 21(4) (suspension of requirements and notices pending appeal).

(2) If a decision to impose a fixed monetary penalty is the subject of an appeal then if that decision is upheld, the penalty must be paid by the seller within 28 days beginning with the day on which the appeal is determined.

Early payment discount

9.  A seller may discharge its liability to a fixed monetary penalty by paying 50% of the amount of the penalty within 28 days beginning with the day on which the final notice imposing it was received.

Late payment penalty

10.  If a fixed monetary penalty is not paid within the period allowed in accordance with paragraph 8 the amount of the penalty is increased by 50%.

Grounds of appeal

11.  (1)  A seller may appeal against an administrator’s decision to impose a fixed monetary penalty.

(2) The grounds of appeal are—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable for any other reason;

(d)any other reason.

PART 2Fixed monetary penalty amounts and specified sums

BreachAmount of penalty which can be imposed as a fixed monetary penaltySpecified sums
Failure to comply with the requirement to charge in accordance with regulation 6 (regulation 11(1) and (2))£200£100
Failure to keep records in accordance with regulation 8 (regulation 11(1) and (2))£100£50
Failure to retain records in accordance with regulation 8 (regulation 11(1) and (2))£100£50
Failure to supply records in accordance with regulation 9 (regulation 11(1) and (2))£100£50
Failure to publish records in accordance with regulation 10 (regulation 11(1) and (2))£100£50
(1)

For the meaning of “notice of intentsee paragraph 11(1)(a) of Schedule 6 to the Climate Change Act 2008.

(2)

For the meaning of “the final notice” see paragraph 11(1)(d) of Schedule 6 to the Climate Change Act 2008.

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