Recycled Content of Newsprint Bill

House of Commons

Session 1997-98
Internet Publications
Other Bills before Parliament
Arrangement of Clauses (Contents)

Recycled Content of Newsprint Bill

A
B I L L
TO
Increase the amount of recycled paper used in newsprint in the United Kingdom; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Duty on newspaper publishers.     1. - (1) A newspaper publisher shall ensure that newsprint used in the production of newspapers published by him in any relevant period contains not less than the minimum content of recycled paper in respect of that period.

    (2) Not later than three months after the expiry of any relevant period a newspaper publisher shall make a return to the appropriate authority of-

(a) the total amount in tonnes of newsprint used in the production of newspapers published by him in the immediately preceding period;

(b) the total amount in tonnes of recycled paper contained in that newsprint; and

(c) the basis of the calculation of these amounts.

    (3) A newspaper publisher who has made a return under subsection (2) shall ensure that any record, documentation and data used for the purposes and in the preparation of the return are maintained safely and securely for at least five years from the date of that return.

    (4) Where a newspaper publisher publishes newspapers-

(a) in England or Wales;

(b) in Scotland; or

(c) in both (a) and (b)

he shall-

(i) make the return under subsection (2) above to the appropriate authority for the area in which he has his registered office; and

(ii) copy that return to the appropriate authority in respect of any other area in which those newspapers are published.

Monitoring.     2. - (1) The appropriate authorities shall monitor compliance with the provisions of this Act.

    (2) Subject to subsection (3) below, a person who appears suitable to an appropriate authority may be authorised in writing by that authority for the purposes of its functions under this Act to exercise the powers of entry and inspection in section 108(4) of the Environment Act 1995 ("the 1995 Act").

    (3) For the purposes of subsection (2) above-

(a) the powers in section 108(4) of the 1995 Act shall be read as if there were omitted the words and powers omitted by regulation 28(2) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997;

(b) the reference in section 108(4)(f) of the 1995 Act to articles and substances in relation to which samples may be taken shall include records, documentation, data, newsprint and newspapers;

(c) the reference in section 108(4)(h) of the 1995 Act to any article or substance as is mentioned in paragraph (g) of that section shall include any sample of an article or substance as is mentioned in paragraph (f) of that section as interpreted by subsection (b) above;

(d) the reference to proceedings in section 108(4)(h)(iii) of the 1995 Act shall include proceedings for an offence under section 4 below;

(e) the reference to records in section 108(4)(k) shall include records, documentation and data required to be maintained under section 1(3) above;

(f) the reference to powers in section 108(4)(l) of the 1995 Act shall include reference to powers under this Act.

    (4) The provisions of section 108(6) and (7) of the 1995 Act shall apply to entry by virtue of this Act as they apply to entry under section 108 of that Act, but with the omission of the same words as are omitted by regulation 28(3) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997.

    (5) The provisions of section 108(12) and (13) of the 1995 Act and of paragraphs 2 to 6 of Schedule 18 thereto as interpreted by subsection (6) below shall apply to this section as they apply to section 108 of that Act.

    (6) For the purposes of subsection (5) above-

(a) references in Schedule 18 of the 1995 Act to a designated person shall include a person authorised under subsection (2) above;

(b) references in Schedule 18 of the 1995 Act to a relevant power shall include a power under this section, including a power exercisable by virtue of a warrant under the provisions of that Schedule as applied by this section.

Public register and information.     3. - (1) The appropriate authority shall maintain a public register of returns made and copied by newspaper publishers under section 1(2) and (4) above.

    (2) The appropriate authority shall-

(a) ensure that the register is open for inspection by members of the public at its principal office without charge at all reasonable times; and

(b) permit members of the public to obtain copies of entries in the register on payment of a reasonable charge.

    (3) This section is without prejudice to the provisions of the Environmental Information Regulations 1992.

Offences.     4. - (1) A newspaper publisher shall be guilty of an offence if he-

(a) fails to comply with section 1 above;

(b) recklessly makes a return under section 1(2) above; or

(c) makes such a return knowing that information provided therein or connected therewith is in a material particular false or misleading.

    (2) The offences set out in section 110(1) to (3) of the 1995 Act shall apply as if those offences were set out in this section.

    (3) A person convicted of an offence under this section shall be liable-

(a) on summary conviction, to a fine not exceeding £20,000;

(b) on conviction on indictment, to a fine.

    (4) A return made under section 1(2) above shall be admissible as evidence in any proceedings, whether against the newspaper publisher making the return or against any other person.

© Parliamentary copyright 1998
Prepared 23 April 1998

Recycled Content of Newsprint Bill

	A B I L L TO Increase the amount of recycled paper used in newsprint in the United Kingdom; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Duty on newspaper publishers.	1. - (1) A newspaper publisher shall ensure that newsprint used in the production of newspapers published by him in any relevant period contains not less than the minimum content of recycled paper in respect of that period.
	(2) Not later than three months after the expiry of any relevant period a newspaper publisher shall make a return to the appropriate authority of-
	(a) the total amount in tonnes of newsprint used in the production of newspapers published by him in the immediately preceding period;
	(b) the total amount in tonnes of recycled paper contained in that newsprint; and
	(c) the basis of the calculation of these amounts.
	(3) A newspaper publisher who has made a return under subsection (2) shall ensure that any record, documentation and data used for the purposes and in the preparation of the return are maintained safely and securely for at least five years from the date of that return.
	(4) Where a newspaper publisher publishes newspapers-
	(a) in England or Wales;
	(b) in Scotland; or
	(c) in both (a) and (b)
	he shall-
	(i) make the return under subsection (2) above to the appropriate authority for the area in which he has his registered office; and
	(ii) copy that return to the appropriate authority in respect of any other area in which those newspapers are published.
Monitoring.	2. - (1) The appropriate authorities shall monitor compliance with the provisions of this Act.
	(2) Subject to subsection (3) below, a person who appears suitable to an appropriate authority may be authorised in writing by that authority for the purposes of its functions under this Act to exercise the powers of entry and inspection in section 108(4) of the Environment Act 1995 ("the 1995 Act").
	(3) For the purposes of subsection (2) above-
	(a) the powers in section 108(4) of the 1995 Act shall be read as if there were omitted the words and powers omitted by regulation 28(2) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997;
	(b) the reference in section 108(4)(f) of the 1995 Act to articles and substances in relation to which samples may be taken shall include records, documentation, data, newsprint and newspapers;
	(c) the reference in section 108(4)(h) of the 1995 Act to any article or substance as is mentioned in paragraph (g) of that section shall include any sample of an article or substance as is mentioned in paragraph (f) of that section as interpreted by subsection (b) above;
	(d) the reference to proceedings in section 108(4)(h)(iii) of the 1995 Act shall include proceedings for an offence under section 4 below;
	(e) the reference to records in section 108(4)(k) shall include records, documentation and data required to be maintained under section 1(3) above;
	(f) the reference to powers in section 108(4)(l) of the 1995 Act shall include reference to powers under this Act.
	(4) The provisions of section 108(6) and (7) of the 1995 Act shall apply to entry by virtue of this Act as they apply to entry under section 108 of that Act, but with the omission of the same words as are omitted by regulation 28(3) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997.
	(5) The provisions of section 108(12) and (13) of the 1995 Act and of paragraphs 2 to 6 of Schedule 18 thereto as interpreted by subsection (6) below shall apply to this section as they apply to section 108 of that Act.
	(6) For the purposes of subsection (5) above-
	(a) references in Schedule 18 of the 1995 Act to a designated person shall include a person authorised under subsection (2) above;
	(b) references in Schedule 18 of the 1995 Act to a relevant power shall include a power under this section, including a power exercisable by virtue of a warrant under the provisions of that Schedule as applied by this section.
Public register and information.	3. - (1) The appropriate authority shall maintain a public register of returns made and copied by newspaper publishers under section 1(2) and (4) above.
	(2) The appropriate authority shall-
	(a) ensure that the register is open for inspection by members of the public at its principal office without charge at all reasonable times; and
	(b) permit members of the public to obtain copies of entries in the register on payment of a reasonable charge.
	(3) This section is without prejudice to the provisions of the Environmental Information Regulations 1992.
Offences.	4. - (1) A newspaper publisher shall be guilty of an offence if he-
	(a) fails to comply with section 1 above;
	(b) recklessly makes a return under section 1(2) above; or
	(c) makes such a return knowing that information provided therein or connected therewith is in a material particular false or misleading.
	(2) The offences set out in section 110(1) to (3) of the 1995 Act shall apply as if those offences were set out in this section.
	(3) A person convicted of an offence under this section shall be liable-
	(a) on summary conviction, to a fine not exceeding £20,000;
	(b) on conviction on indictment, to a fine.
	(4) A return made under section 1(2) above shall be admissible as evidence in any proceedings, whether against the newspaper publisher making the return or against any other person.