Environment Bill (HC Bill 3)

(b) as a scheme collector if the person is a supplier or producer of deposit
items or is a scheme administrator (see paragraph 4).

(6) A deposit scheme may provide that the amount of the deposit or refund in
respect of a deposit item is—

(a) 5an amount specified,

(b) an amount determined and published by the relevant national
authority in accordance with the scheme, or

(c) an amount determined by a scheme administrator in accordance
with the scheme.

(7) 10In this paragraph “specified” means specified or described in a deposit
scheme.

Scheme suppliers

2 (1) A deposit scheme may impose requirements on scheme suppliers in
connection with the scheme, including requirements—

(a) 15to take steps to ensure deposits are paid in respect of deposit items
in accordance with the scheme (which may include a requirement to
include the amount of the deposit in the sale price of the item, or in
the price of goods or services the item was supplied in connection
with);

(b) 20as to the marking of deposit items to identify them as such;

(c) as to the retention of deposits;

(d) to pay amounts received as deposits to other scheme suppliers,
scheme collectors or to a scheme administrator;

(e) in connection with securing that a specified proportion of deposit
25items supplied by scheme suppliers, or by individual scheme
suppliers, are returned to scheme collectors;

(f) to keep records in connection with the scheme;

(g) to provide those records or other information in connection with the
scheme to a scheme administrator.

(2) 30A deposit scheme may impose different requirements on different scheme
suppliers.

(3) In this paragraph “specified” means specified in a deposit scheme.

Scheme collectors

3 (1) A deposit scheme may impose requirements on scheme collectors in
35connection with the scheme, including requirements—

(a) to pay a person who provides a deposit item to the scheme collector
a refund in accordance with the scheme;

(b) to pay a person who provides a deposit item under another deposit
scheme to the scheme collector an amount determined in accordance
40with the scheme (and the scheme may provide for that amount to be
determined by reference to the other deposit scheme);

(c) to pay a person who provides articles or packaging that are the
subject of a Scottish deposit and return scheme an amount
determined in accordance with the scheme (and the scheme may
45provide for that amount to be determined by reference to the Scottish
deposit and return scheme);

(d) as to the retention of amounts received from scheme suppliers, other
scheme collectors or a scheme administrator;

(e) to pay such amounts received to scheme suppliers, other scheme
collectors or a scheme administrator;

(f) 5to recycle, re-use, or arrange or facilitate the recycling or re-use of
any item provided to them in accordance with the scheme (which
may include articles or packaging that are the subject of a Scottish
deposit and return scheme);

(g) to otherwise dispose of such items in accordance with the scheme;

(h) 10where a scheme collector receives any payment in connection with
the recycling or disposal of such an item, to pay that amount, or a
part of it, to a scheme administrator;

(i) in connection with securing that a specified proportion of deposit
items supplied by scheme suppliers, or by individual scheme
15suppliers, are returned to scheme collectors;

(j) to keep records in connection with the scheme;

(k) to provide those records or other information in connection with the
scheme to a scheme administrator.

(2) A deposit scheme may impose different requirements on different scheme
20collectors.

(3) In this paragraph “specified” means specified in a deposit scheme.

Deposit scheme administrators

4 (1) A person may be appointed as a scheme administrator of a deposit scheme
by, or in accordance with, that scheme.

(2) 25A deposit scheme may confer functions on a scheme administrator,
including—

(a) functions relating to the registration of scheme suppliers and scheme
collectors;

(b) a power to charge fees for registration (the amounts of which may be such as
30to recover the costs referred to in paragraphs (c) and (d));

(c) a power to use such fees to meet the costs of exercising its functions under,
or in connection with, the scheme;

(d) requirements to pay such fees to persons exercising functions conferred by
virtue of paragraph 5 for the purpose of meeting the costs of the exercise of
35those functions;

(e) a power to give general or specific directions to scheme suppliers
and scheme collectors as to the matters mentioned in paragraph 2(1)
and 3(1);

(f) a power to make payments to scheme collectors to reimburse them
40in respect of the payment of refunds or payments made by virtue of
a requirement under paragraph 3(1)(a), (b) or (c);

(g) a power to make payments to another scheme administrator of the
deposit scheme;

(h) a power to make payments to a scheme administrator of another
45deposit scheme in connection with the operation of the scheme, or
the operation of the other scheme;

(i) a power to make payments to a Scottish deposit administrator in
connection with the operation of the scheme, or the operation of the

Scottish deposit and return scheme the Scottish deposit
administrator is designated in relation to;

(j) requirements to retain amounts received by it under or by virtue of
the scheme;

(k) a power to use, or pay to another person, such amounts for purposes
5connected with the scheme, or other deposit schemes;

(l) a power to use such amounts for purposes connected with the
protection of the environment;

(m) requirements to pay such amounts to the relevant national authority;

(n) functions relating to securing compliance by scheme suppliers and
10scheme collectors with their obligations under the scheme;

(o) requirements in connection with securing that a specified proportion
of deposit items supplied by scheme suppliers, or by individual
scheme suppliers, are returned to scheme collectors;

(p) requirements to keep records in connection with the scheme;

(q) 15requirements to provide any such records or other information in
connection with the scheme to the relevant national authority;

(r) requirements as to the exercise of the administrator’s functions.

(3) Where there is more than one scheme administrator, a deposit scheme may
confer different functions on different scheme administrators.

(4) 20A deposit scheme may confer a power on the relevant national authority to
give directions to a scheme administrator of the scheme as to the exercise of
the administrator’s functions under the scheme.

(5) In this paragraph “specified” means specified in a deposit scheme.

Enforcement

5 (1) 25The relevant national authority may by regulations make provision about
the enforcement of requirements under deposit schemes.

(2) The provision that may be made under sub-paragraph (1) includes
provision—

(a) conferring functions (including functions involving the exercise of a
30discretion) in connection with the enforcement of requirements
under deposit schemes on specified persons (which may include
scheme administrators);

(b) for such functions of such a person to be exercised on the person’s
behalf by persons authorised in accordance with the regulations;

(c) 35requiring scheme suppliers, scheme collectors or scheme
administrators to provide records and other information relating to
deposit schemes to specified persons;

(d) for the imposition of civil sanctions in respect of failures to comply
with relevant requirements, or the obstruction of or failure to assist a
40person having functions in connection with the enforcement of
relevant requirements;

(e) for appeals against such sanctions;

(f) creating criminal offences punishable with a fine in respect of
failures to comply with civil sanctions, or the obstruction of or failure
45to assist a person having functions in connection with the
enforcement of relevant requirements;

(g) about such offences.

(3) For the purposes of this paragraph “civil sanction” means a sanction of a
kind for which provision may be made under Part 3 of the Regulatory
Enforcement and Sanctions Act 2008 (fixed monetary penalties,
discretionary requirements, stop notices and enforcement undertakings).

(4) 5Regulations under sub-paragraph (1) may include provision for the
imposition of sanctions of that kind whether or not—

(a) the person imposing them 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 that Act, or

(b) 10the relevant national authority may make provision for the
imposition of sanctions under that Part.

(5) In this paragraph—

• “relevant requirement” means any requirement imposed by or under a
  deposit scheme or regulations under sub-paragraph (1);

• 15“specified” means specified in, or determined in accordance with,
  regulations under sub-paragraph (1).

Interpretation

6 In this Schedule—

• “deposit” has the meaning it has in paragraph 1(2)(a);

• 20“deposit item” has the meaning it has in paragraph 1(3);

• “deposit scheme” has the meaning it has in paragraph 1(2);

• “refund” has the meaning it has in paragraph 1(2)(b);

• “scheme administrator”, in relation to a deposit scheme, means a
  person appointed as a scheme administrator of the scheme;

• 25“scheme supplier” or “scheme collector” means a person specified as
  such (see paragraph 1(5));

• “Scottish deposit administrator” means a person designated as a
  scheme administrator of a Scottish deposit and return scheme under
  section 85 of the Climate Change (Scotland) Act 2009 (asp 12);

• 30“Scottish deposit and return scheme” means a deposit and return
  scheme under section 84 of that Act.

Section 50

SCHEDULE 10 Charges for single use plastic items

General power

1 (1) 35The relevant national authority may by regulations make provision about
charging by sellers of goods or services for items specified in the regulations.

(2) The regulations may specify only items which—

(a) are single use items,

(b) are made wholly or partly of plastic, and

(c) 40are supplied in connection with goods or services.

(3) A “single use item” is a manufactured item which is likely to be used only
once, or used only for a short period of time, before being disposed of.

(4) An item is supplied in connection with goods or services if it is supplied—

(a) at the place the goods or services are sold or provided, for the
purpose of enabling the goods to be taken away, used or consumed,
or enabling the services to be received, or

(b) 5for the purpose of enabling goods to be delivered.

(5) In particular, a container or other packaging into which goods are placed at
the point of sale is supplied in connection with goods.

Requirement to charge

2 The regulations may make provision requiring sellers of goods or services to
10charge for items specified in the regulations.

Sellers of goods and services

3 (1) “Seller”, in relation to goods or services, has the meaning given by the
regulations.

(2) The regulations may define that term by reference (in particular) to—

(a) 15a person’s involvement in selling the goods or services,

(b) a person’s interest in goods or services, or

(c) a person’s interest in the place at or from which the goods or services
are sold or provided,

or any combination of those factors.

(3) 20The regulations may make provision for the regulations to apply—

(a) to all sellers of goods or services, or

(b) to sellers of goods or services identified by reference to factors
specified in the regulations.

(4) The factors which may be specified in the regulations include—

(a) 25the place or places at or from which a seller supplies goods or
services,

(b) the type of goods or services that a seller supplies,

(c) the value of goods or services that a seller supplies, and

(d) a seller’s turnover or any part of that turnover.

30Amount of charge

4 The regulations may specify the minimum amount that a seller must charge
for an item specified in the regulations, or provide for that amount to be
determined in accordance with the regulations.

Administration

5 (1) 35The regulations may appoint a person (an “administrator”) to administer
provision made by the regulations.

(2) More than one person may be appointed as an administrator.

(3) The regulations may confer or impose powers or duties on an administrator.

(4) References in this Schedule to an administrator include a person appointed
40by an administrator.

Registration

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

(2) The regulations may make provision—

(a) about applications for registration;

(b) 5about the period for which registration has effect;

(c) about the cancellation of registration.

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

(4) 10The 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.

Record-keeping and publication of records

7 (1) The regulations may require records to be kept relating to charges made for
15items specified in the regulations.

(2) The regulations may require the records, or such other information as may
be specified—

(a) to be published at such times and in such manner as may be
specified;

(b) 20to be supplied on request and in such manner as may be specified
to—

(i) the relevant national authority,

(ii) an administrator, or

(iii) members of the public.

(3) 25The regulations may (in particular) require the publication or supply of
records or information relating to any of the following—

(a) the amount received by a seller by way of charges for items specified
in the regulations;

(b) the seller’s gross or net proceeds of the charge;

(c) 30the uses to which the net proceeds of the charge have been put.

(4) In this paragraph—

• “gross proceeds of the charge” means the amount received by the seller
  by way of charges for items specified in the regulations;

• “net proceeds of the charge” means the seller’s gross proceeds of the
  35charge reduced by such amount as may be specified.

Enforcement

8 (1) The regulations may confer or impose powers or duties on an administrator
to enforce provision made by the regulations.

(2) The regulations may (in particular) confer powers on an administrator to—

(a) 40require the production of documents or the provision of information,
or

(b) question a seller or officers or employees of a seller.

(3) Regulation under sub-paragraph (2) must contain provision for ensuring
that the power in question is exercised by a person only where the person
reasonably believes there has been a failure to comply with a requirement of
regulations under this Schedule.

5Civil sanctions

9 (1) The regulations may make provision for the imposition of civil sanctions in
respect of failures to comply with the regulations, or the obstruction of or
failure to assist a person on whom functions are conferred by the
regulations.

(2) 10The regulations may make provision for appeals against such sanctions.

(3) In this paragraph “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement and
Sanctions Act 2008 (fixed monetary penalties, discretionary requirements,
stop notices and enforcement undertakings).

(4) 15The regulations may include provision for the imposition of sanctions of that
kind whether or not—

(a) 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 that Act, or

(b) 20the relevant national authority may make provision for the
imposition of sanctions under that Part.

Section 61

SCHEDULE 11 Enforcement powers

Powers to search and seize vehicles in connection with waste offences

1 25In section 5(6) of the Control of Pollution (Amendment) Act 1989
(constable’s power to seize vehicles and contents)—

(a) in paragraph (b) after “presence of” insert “or at the request of”;

(b) in paragraph (c) for “without such an officer present” substitute “in
any other case”.

2 30In section 34B(6) of the Environmental Protection Act 1990 (constable’s
power to seize vehicles and contents)—

(a) in paragraph (b) after “presence of” insert “or at the request of”;

(b) in paragraph (c) for “without such an officer present” insert “in any
other case”.

35Powers of direction in relation to waste

3 (1) Section 57 of the Environmental Protection Act 1990 (power to give
directions) is amended as follows.

(2) In subsection (2) omit the words from “with a view” to the end.

(3) After subsection (2) insert—

“(2A) The appropriate Minister may, by notice in writing—

(a) direct a registered waste carrier to collect waste which is
being kept on specified land and deliver it to a specified
5person on specified terms;

(b) direct any person who—

(i) is keeping waste on any land, or

(ii) owns or occupies land on which waste is being kept,

to facilitate collection of the waste by a specified registered
10waste carrier to whom a direction in respect of the waste is
given under paragraph (a).”

(4) In subsection (4), for “of treating or disposing of” substitute “in relation to”.

(5) After subsection (4) insert—

“(4A) A direction under subsection (2A)(b) may require the person to
15whom it is given—

(a) to pay to the specified registered waste carrier the reasonable
costs of collecting and delivering the waste;

(b) to pay to the specified person to whom the waste is delivered
(“P”) the reasonable costs incurred by P in relation to the
20waste (including any costs P is required by a direction under
this section to pay to another person).”

(6) In subsection (7) for the words from “, where” to the end substitute “pay any
costs mentioned in subsection (4).”

(7) After subsection (7) insert—

“(7A) 25The appropriate Minister may pay any costs mentioned in
subsection (4A).”

(8) In subsection (8), before the definition of “specified” insert—

• “““appropriate Minister” means—

  (a)

  the Secretary of State, in relation to waste being kept
  30on land in England, and

  (b)

  the Welsh Ministers, in relation to waste being kept
  on land in Wales;

• “registered waste carrier” means a person registered under the
  Control of Pollution (Amendment) Act 1989 as a carrier of
  35controlled waste;”.

Powers of entry in relation to pollution control etc

4 The Environment Act 1995 is amended as follows.

5 (1) Section 108 (powers of enforcing authorities and their authorised officers) is
amended as follows.

(2) 40In subsection (4), after paragraph (k) insert—

“(ka) as regards any premises which an English or Welsh
authorised person has power to enter by virtue of paragraph
(a), for the purposes of an examination or investigation under
paragraph (c)—

(i) to search the premises;

(ii) to seize and remove documents or anything else
found on the premises (other than an article or
substance within paragraph (g));

(iii) 5to require any information which is stored in
electronic form (in any country or territory) and is
accessible from the premises to be produced in a form
in which it can be removed and—

(a) in which it is visible and legible, or

(b) 10from which it can readily be produced in a
visible and legible form;

(iv) to operate any equipment found on the premises for
the purposes of producing such information in such a
form;”.

(3) 15In subsection (6), omit paragraph (a).

(4) After subsection (7) insert—

“(7A) An English or Welsh authorised person may not exercise the powers
in subsection (4)(ka) without the authority of a warrant by virtue of
Schedule 18 to this Act, unless subsection (7B) applies.

(7B) 20An English or Welsh authorised person may exercise a power in
subsection (4)(ka)(ii) to (ka)(iv) in relation to a thing without the
authority of a warrant if the person has reasonable grounds for
believing that —

(a) it is evidence of a failure to comply with any provision of the
25pollution control enactments or flood risk activity
enactments, and

(b) exercising the power is necessary to prevent it being
concealed, lost, altered or destroyed.

(7C) Subsection (7A) does not require the authority of a warrant for doing,
30in exercise of the powers in subsection (4)(k), something that could
also be done in exercise of the powers in subsection (4)(ka).

(7D) Where anything seized or removed from premises under subsection
(4)(ka) contains protected material, that material—

(a) may not be used for the purposes of an examination or
35investigation under subsection (4)(c), and

(b) must be returned to the premises from which it was removed,
or to the person who had possession or control of it
immediately before it was removed, as soon as reasonably
practicable after it is identified as protected material.

(7E) 40Subsection (7D) does not prevent any part of a thing containing
protected material which is not protected material being used for the
purposes of an examination or investigation, retained or copied.

(7F) “Protected material” means—

(a) material subject to legal professional privilege,

(b) 45excluded material within the meaning of section 11 of the
Police and Criminal Evidence Act 1984, or

(c) journalistic material, within the meaning of section 13 of that
Act, which is not excluded material.”

(5) After subsection (12) insert—

“(12A) Subject to subsection (7D), anything seized or removed under
subsection (4)(ka) may be retained for so long as is necessary in all
the circumstances.”

(6) 5In subsection (15)—

(a) after the definition of “authorised person” insert—

• “““document” includes anything in which information of
  any description is recorded (by any means) and any
  part of such a thing;”;

(b) 10after the definition of “enforcing authority” insert—

• “““English or Welsh authorised person” means a person
  authorised under subsection (1) or (2) by the Secretary
  of State, the Welsh Ministers, the Agency, the Natural
  Resources Body for Wales, a waste collection
  15authority or a local enforcing authority in England or
  Wales;”;

(c) in the definition of “pollution control functions” in relation to a waste
collection authority, in paragraph (a) after “46” insert “to 46D”.

6 (1) Schedule 18 (supplemental provision about powers of entry) is amended as
20follows.

(2) In paragraph 2—

(a) after sub-paragraph (2) insert—

“(2A) A justice of the peace may by warrant authorise an English
or Welsh authorised person, designated for the purpose by
25the person who authorised them, to exercise the powers in
section 108(4)(ka) in accordance with the warrant and, if
need be, by force.

(2B) The justice may do so only if satisfied that there are
reasonable grounds for believing that—

(a) 30there is material on or accessible from the premises
in question which is likely to be of substantial value
(by itself or together with other material) to an
examination or investigation under section
108(4)(c), and

(b) 35it is impracticable to communicate with a person
entitled to grant access to it, or access to it is
unlikely to be granted unless a warrant is
produced.”;

(b) omit sub-paragraph (3).

(3) 40In paragraph 3 after “shall” insert “, if so required,”.

Section 67

SCHEDULE 12 Local air quality management framework

1 The Environment Act 1995 is amended as follows.