SCHEDULE 1CHARGES FOR CARRIER BAGS: CIVIL SANCTIONS
4Discretionary requirements
1
Carrier bag regulations may confer on an administrator the power by notice to impose one or more discretionary requirements on a person who breaches the regulations.
2
The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.
3
For the purposes of this Schedule, a “discretionary requirement” means—
a
a requirement to pay a monetary penalty to an administrator of such amount as the administrator may determine, or
b
a requirement to take such steps as an administrator may specify, within such period as the administrator may specify, to secure that the breach does not continue or recur.
4
In this Schedule—
“variable monetary penalty” (“cosb ariannol amrywiadwy”) means a requirement referred to in sub-paragraph (3)(a), and
“non-monetary discretionary requirement” (“gofyniad yn ôl disgresiwn nad yw’n un ariannol”) means a requirement referred to in sub-paragraph (3)(b).
5
Carrier bag regulations must, in relation to each kind of breach of the regulations for which a variable monetary penalty may be imposed—
a
specify the maximum penalty that may be imposed for a breach of that kind, or
b
provide for that maximum to be determined in accordance with the regulations.
6
The regulations may not permit discretionary requirements to be imposed on a person on more than one occasion in relation to the same act or omission.