Environment Act 2021

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.