Search Legislation

The Single Use Carrier Bags Charge (Wales) Regulations 2010

Status:

This is the original version (as it was originally made).

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(1).

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

(1)

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources