Environment Act 2021

Resource efficiency

52 Resource efficiency information

(1) In Schedule 6—

(a) Part 1 confers power on the relevant national authority to make regulations about the provision of resource efficiency information;

(b) Part 2 confers power on the relevant national authority to make regulations about the enforcement of regulations made under Part 1.

(2) In this section and that Schedule “relevant national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers or the Secretary of State;

(c) in relation to Scotland, the Scottish Ministers or the Secretary of State;

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland or the Secretary of State.

(3) Regulations under Schedule 6—

(a) made by the Welsh Ministers, may contain only provision which, if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd;

(b) made by the Scottish Ministers, may contain only provision which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament;

(c) made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, may contain only provision which, if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.

(4) Regulations under Schedule 6 made by the Secretary of State may not contain provision that could be contained in regulations under that Schedule made by another relevant national authority, unless that authority consents.

(5) Regulations under Schedule 6 are subject to the affirmative procedure.

53 Resource efficiency requirements

(1) In Schedule 7—

(a) Part 1 confers power on the relevant national authority to make regulations about resource efficiency requirements;

(b) Part 2 confers power on the relevant national authority to make regulations about the enforcement of regulations made under Part 1.

(2) In this section and that Schedule “relevant national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers or the Secretary of State;

(c) in relation to Scotland, the Scottish Ministers or the Secretary of State;

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland or the Secretary of State.

(3) Regulations under Schedule 7—

(a) made by the Welsh Ministers, may contain only provision which, if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd;

(b) made by the Scottish Ministers, may contain only provision which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament;

(c) made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, may contain only provision which, if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.

(4) Regulations under Schedule 7 made by the Secretary of State may not contain provision that could be contained in regulations under that Schedule made by another relevant national authority, unless that authority consents.

(5) Regulations under Schedule 7 are subject to the affirmative procedure.

54 Deposit schemes

(1) Schedule 8 confers power on the relevant national authority to make regulations establishing deposit schemes.

(2) In this section and that Schedule “the relevant national authority” means—

(a) in relation to a deposit scheme relating to the purchase of products in England, the Secretary of State;

(b) in relation to a deposit scheme relating to the purchase of products in Wales, the Welsh Ministers or the Secretary of State;

(c) in relation to a deposit scheme relating to the purchase of products in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland or the Secretary of State.

(3) Regulations under Schedule 8—

(a) made by the Welsh Ministers, may contain only provision which, if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd;

(b) made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, may contain only provision which, if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.

(4) Regulations under Schedule 8 made by the Secretary of State may not contain provision that could be contained in regulations under that Schedule made by another relevant national authority, unless that authority consents.

(5) Regulations made by a relevant national authority under Schedule 8 are subject to the affirmative procedure if they—

(a) are the first regulations under paragraph 1, or the first regulations under paragraph 5, made by the authority;

(b) provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by the authority under that Schedule;

(c) provide for conduct to be subject to a civil sanction (within the meaning given by paragraph 5(3) of that Schedule) which is not subject to a civil sanction under existing regulations made by the authority under that Schedule;

(d) increase the amount or maximum amount of a fine or monetary penalty, or change the basis on which such an amount or maximum is to be determined.

(6) Otherwise, regulations under Schedule 8 are subject to the negative procedure.

(7) In this section “deposit scheme” has the meaning it has in Schedule 8.

55 Charges for single use items

(1) Schedule 9 confers powers on the relevant national authority to make regulations about charges for single use items.

(2) In this section and that Schedule the “relevant national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(3) Regulations made by a relevant national authority under Schedule 9 are subject to the affirmative procedure if they—

(a) are the first regulations made by the authority under that Schedule;

(b) contain provision about charging for a new item;

(c) provide for conduct to be subject to a civil sanction (within the meaning of paragraph 9(3) of that Schedule) which is not subject to a civil sanction under existing regulations made by the authority under that Schedule;

(d) increase the amount or maximum amount of a monetary penalty, or change the basis on which such an amount or maximum is to be determined.

(4) Otherwise, regulations under Schedule 9 are subject to the negative procedure.

(5) A “new item” means an item in relation to which there are no existing regulations made by the relevant national authority under Schedule 9.

56 Charges for carrier bags

In Schedule 6 to the Climate Change Act 2008 (power to impose carrier bag charge) after paragraph 6 insert—

“Registration

6A (1) This paragraph applies to regulations made by—

(a) the Secretary of State, or

(b) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(2) The regulations may require sellers to register with an administrator.

(3) The regulations may make provision—

(a) about applications for registration,

(b) about the period for which registration has effect,

(c) about the cancellation of registration.

(4) The regulations may require sellers to pay to the administrator, in connection with their registration, fees of an amount determined by, or by the administrator in accordance with, the regulations.

(5) The regulations may provide for the amount of the fees to be such as to recover the costs incurred by the administrator in performing its functions under the regulations.”