The Single Use Carrier Bags Charges (England) Order 2015

Excluded bags E+W

2.—(1)  [F1 Subject to sub-paragraph (1A),] the following are excluded bags—

Name	Description
(a) Unwrapped food bag	A bag intended to be used solely to contain wholly or partly unwrapped food for human or animal consumption.
(b) Unwrapped loose seeds bag	A bag intended to be used solely to contain wholly or partly unwrapped loose seeds, bulbs, corns, rhizomes, flowers or goods contaminated by soil.
(c) Unwrapped blades bag	A bag intended to be used solely to contain wholly or partly unwrapped axes, knives, knife blades or razor blades.
(d) Prescription-only medicine bag	A bag intended to be used solely to contain a prescription-only medicine, a pharmacy medicine or a listed appliance sold in accordance with a prescription issued by a doctor, dentist, supplementary prescriber, nurse independent prescriber, independent nurse prescriber, optometrist independent prescriber, pharmacist independent prescriber or EEA health professional.
(e) Uncooked meat food bag	A bag intended to be used solely to contain uncooked fish or fish products, meat or meat products or poultry or poultry products.
(f) Live aquatic creatures bag	A bag intended to be used solely to contain live aquatic creatures in water.
(g) Returnable multiple reuse bag	A bag which is sold for an amount not less than the minimum amount specified in article 3 and which— (i) is intended to be returnable to the seller from whom it was purchased to be replaced free of charge; (ii) is made from material the thickness of which is not less than 50 microns but not greater than 70 microns; and (iii) disregarding the width of any gussets, or the height of any handles extending above the main body of the bag— (aa) has a width and height greater (in each case) than 404 mm; and (bb) has a width or height greater (in either case) than 439 mm.
(h) Woven plastic bag	A bag the material of which is made by interlacing long threads passing in one direction with others at a right angle to them.
(i) Transit goods bag	A bag which is intended to be used to carry goods in a transit place.
[F2 (j) Online grocery delivery bag	A bag intended to be used solely to carry goods purchased for home delivery as part of an online grocery delivery service.]
[F3 (k) Sealed transit bag	A bag which is intended to be used to carry alcohol or tobacco purchased in an area designated by the Secretary of State as a security restricted area under section 11A of the Aviation Security Act 1982 and which is sealed after the item is placed in it.]

[F4 (1A) Online grocery delivery bags are excluded bags from 21st March to 21st September 2020 only.]

(2) For the purposes of determining whether a bag falls within the description in paragraph 2(1)(a), (b), (c), (d) or (e), the fact that the bag may be intended to be used to contain items referred to in the description relating to any other of those bags is to be disregarded.

(3) In sub-paragraph (1)—

“dentist” means a person registered in the dentists register kept under section 14 of the Dentists Act 1984 M1 ;

“doctor”, “nurse independent prescriber”, “optometrist independent prescriber”, “pharmacist independent prescriber” and “supplementary prescriber” have the meaning given in regulation 8(1) of the Human Medicines Regulations 2012 M2 ;

“EEA health professional” has the meaning given in regulation 213(1) of the Human Medicines Regulations 2012;

“independent nurse prescriber” has the meaning given in regulation 2(1) of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 M3 ;

“listed appliance” means a listed appliance within the meaning of—

(a)

section 80 of the National Health Service (Wales) Act 2006 M4 ;

(b)

Article 63 of the Health and Personal Social Services (Northern Ireland) Order 1972 M5 ;

(c)

section 27 of the National Health Service (Scotland) Act 1978 M6 ; or

(d)

section 126 of the National Health Service Act 2006 M7 ;

“pharmacy medicine” and “prescription-only medicine” have the meaning given in regulation 5(3) and (5) of the Human Medicines Regulations 2012;

“transit place” means on board a ship, train, aircraft, coach or bus, F5 ....

Textual Amendments

F1 Words in Sch. 2 para. 2(1) inserted (21.3.2020) by The Single Use Carrier Bags Charges (England) (Amendment) Order 2020 (S.I. 2020/324), art. 3(a)(i), reg. 1(2)

F2 Sch. 2 para. 2(1)(j) inserted (21.3.2020) by The Single Use Carrier Bags Charges (England) (Amendment) Order 2020 (S.I. 2020/324), art. 3(b), reg. 1(2)

F3 Sch. 2 para. 2(1)(k) inserted (21.5.2021) by The Single Use Carrier Bags Charges (England) (Amendment) Order 2021 (S.I. 2021/598), arts. 1(2), 9(a)

F4 Sch. 2 para. 2(1A) inserted (21.3.2020) by The Single Use Carrier Bags Charges (England) (Amendment) Order 2020 (S.I. 2020/324), art. 3(c), reg. 1(2)

F5 Words in Sch. 2 para. 2(3) omitted (21.5.2021) by virtue of The Single Use Carrier Bags Charges (England) (Amendment) Order 2021 (S.I. 2021/598), arts. 1(2), 9(b)

Marginal Citations

M1 1984 c. 24, amended by S.I. 2005/2011, articles 2(1) and 6,

2007/3101, regulations 109 and 111; there are other amending instruments but none is relevant.

M2 S.I. 2012/1916, amended by S.I. 2014/490, regulations 2 and 4(a)(iii); there are other amending instruments but none is relevant.

M3 S.I. 2013/349, to which there are amendments not relevant to this Order.

M4 2006 c.42, to which there are amendments not relevant to this Order.

M5 S.I. 1972/1265 (N.I. 14), amended by S.I. 1978/1907 (N.I. 26); there are other amending instruments but none is relevant.

M6 1978 c. 29, to which there are amendments not relevant to this Order.

M7 2006 c.41, to which there are amendments not relevant to this Order.