Schedule 9: Charges for single use items
General power
- Paragraph 1 provides a general power for the "relevant national authority" (as defined in section 55(2)) to make regulations about charging by sellers of goods or services for single use items in England and Wales and single use plastic items in Northern Ireland. Powers to define what is meant by "sellers" are set out in paragraph 3.
- Sub-paragraphs (2) and (4) define what a single use item is. Sub-paragraphs (3) and (4) define what a "single use plastic item" is. This is a manufactured item, which in the case of subparagraph (3) is made wholly or partly of plastic, that is likely to be used only once (or for a short period of time) before being disposed of, and which is supplied in connection with good or services.
- Sub-paragraphs (5) and (6) state that an item is supplied in connection with goods and services if it is supplied at the place the goods or services are sold so that the goods can be taken away, used consumed or delivered. For example, this might be a food container or other packaging made from plastic (in Northern Ireland) or plastic or any other material (in England and Wales).
Requirement to charge
- Paragraph 2 provides that the regulations may require sellers of goods or services to charge for single use items in England and Wales and single use plastic items in Northern Ireland specified in those regulations.
Sellers of goods and services
- Paragraph 3 provides that "sellers" in relation to goods or services are to be defined in the regulations, including by reference to one or more of the following:
- a person’s involvement in selling goods services;
- a person’s interest in the goods or services or;
- a person’s interest in the premises at or from which the goods or services are sold.
- It provides that the regulations may apply to a range of different sellers, including all sellers of goods and services and sellers identified by reference to factors specified in the regulations. The factors that may be specified in the regulations may include the place from which the goods or services are sold, the type and value of goods or services supplied and the seller’s turnover.
Amount of charge
- Paragraph 4 provides that the regulations may specify the minimum amount that sellers must charge for each single use item or provide for that amount to be determined in accordance with the regulations.
Administration
- Paragraph 5 contains powers to appoint an administrator to administer the provisions made by the regulations and clarify references in the Schedule to "an administrator".
Registration
- Paragraph 6 provides that the regulations may require sellers to register with an administrator and make provision about applications for registration, the period of registration and the cancellation of registration. The regulations may also provide for sellers to pay registration fees, and specify the amount.
Record-keeping and publication of records
- Paragraph 7 provides that the regulations may require records to be kept in relation to charges made for single use items in England and Wales and single use plastic items in Northern Ireland, including records relating to the amounts received by the seller by way of charges and the uses to which the proceeds of the charge are put. The regulations may also require that this information is published and is made available to the relevant national authority, an administrator or members of the public upon request.
- Sub-paragraph (4) defines "gross proceeds of the charge" and "net proceeds of the charge" for the purposes of this paragraph.
Enforcement
- Paragraph 8 provides that the regulations may confer powers and duties on an administrator in order to enforce the regulations and in particular, to enable the administrator to obtain relevant documents and information or question a seller (or their officers or employees) where the administrator reasonably believes that there has been a breach of the regulations.
Civil sanctions
- Paragraph 9 provides that the regulations may include civil sanctions to deal with breaches of requirements in the regulations.
- Sub-paragraph (2) provides that the regulations may make provision for appeals.
- Sub-paragraph (3) state that or the purposes of this paragraph, a "civil sanction" is a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 ("the 2008 Act") – that is, fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings.
- Sub-paragraph (4) outlines that regulations may include provision for the imposition of sanctions of that kind, whether or not the enforcement authority is a regulator or the conduct in respect of which the sanction is imposed is a relevant offence for the purposes of Part 3 of the 2008 Act, or the relevant national authority may make provision for the imposition of sanctions under that Part.
