PART 1Introduction

Citation and commencement1

1

These Regulations may be cited as the Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013.

2

These Regulations come into operation on 8th April 2013.

Interpretation2

1

In these Regulations—

  • “the Administrator” means the Department of the Environment;

  • “the charge” means the full consideration received by a seller for F2carrier bags which attract the requirement to charge;

  • “consideration” includes any chargeable VAT;

  • “the Department” means the Department of the Environment;

  • “discretionary requirement” has the meaning given in paragraph 12(3) of Schedule 6 to the Climate Change Act 2008;

  • “enforcement costs recovery notice” has the meaning given in regulation 16(1);

  • “fixed monetary penalty” has the meaning given in paragraph 10(3) of Schedule 6 to the Climate Change Act 2008;

  • “functions” includes powers and duties;

  • “late payment penalty” means any increase in an amount payable—

    1. a

      as a fixed monetary penalty, by virtue of paragraph 10 of Schedule 2;

    2. b

      as a variable monetary penalty, by virtue of paragraph 9 of Schedule 3;

    3. c

      as a non-compliance penalty, by virtue of paragraph 8 of Schedule 4;

  • “net proceeds of the charge” means the proceeds of the charge less—

    1. a

      any element of the charge in excess of F325 pence;

    2. b

      any amount of chargeable VAT in respect of the F325 pence charge.

  • “non-compliance penalty notice” has the meaning given in paragraph 5(4) of Schedule 4;

  • “non-monetary discretionary requirement” has the meaning given in paragraph 12(4) of Schedule 6 to the Climate Change Act 2008;

  • “publicity notice” has the meaning given in paragraph 19(2) of Schedule 6 to the Climate Change Act 2008;

  • “record” means the information specified in regulation 9(3);

  • “reporting year” means—

    1. a

      the period starting on the date on which these Regulations come into operation and ending on 5 April 2014;

    2. b

      thereafter, the period commencing 6 April in one year and ending on 5 April the following year; the first such period to commence 6 April 2014;

  • “specified sum” has the meaning given in paragraph 4(2) of Schedule 2;

  • “variable monetary penalty” has the meaning given by paragraph 12(4) of Schedule 6 to the Climate Change Act 2008;

  • “VAT” has the meaning given in section 96 of the Value Added Tax Act 1994 M1.

2

References to—

a

a notice of intent in relation to a fixed monetary penalty, are references to a notice of intent served under paragraph 3(1) of Schedule 2;

b

a final notice in relation to a fixed monetary penalty, are references to a final notice served under paragraph 6(5) of Schedule 2;

c

a notice of intent in relation to a discretionary requirement, are references to a notice of intent served under paragraph 3(1) of Schedule 3;

d

a final notice in relation to a discretionary requirement, are references to a final notice served under paragraph 5(6) of Schedule 3;

e

a notice of intent in relation to a non-compliance penalty, are references to a notice of intent served under paragraph 3(1) of Schedule 4.

3

References to F2carrier bags which attract the requirement to charge are references to those F2carrier bags to which regulation 6 applies.

Meaning of “carrier bag”F13

In these Regulations “carrier bag” means a bag of any material supplied or designed for the purpose of enabling goods to be taken away or delivered.

Meaning of “seller”4

1

Subject to paragraph (2) “seller” means a person who in the course of trade or business sells goods from a place in Northern Ireland.

2

Where a person (A) sells goods in A's capacity as an officer or employee of another person (B), then for the purposes of these Regulations B is the seller in those circumstances, and not A.

Administrator5

1

The Department shall administer the provision made by these Regulations.

2

The Department may appoint as authorised officers such persons as it considers necessary to administer provision made by these Regulations and may terminate any appointment made under this paragraph.