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| |
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| | (3) | As soon as is reasonably practicable after giving its advice to the Secretary of |
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| | State, the Committee must publish that advice in such a manner as it considers |
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| | |
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| | Committee’s power to audit emissions statistics |
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| |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The Committee shall comment on the accuracy of the Government’s statistics on |
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| | emissions and provide the Secretary of State with advice on them. |
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| | (2) | The Committee must, at the time it gives its advice under this section to the |
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| | Secretary of State, send a copy to the other national authorities. |
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| | (3) | As soon as is reasonably practicable after giving its advice to the Secretary of |
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| | State, the Committee must publish that advice in such a manner as it considers |
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| | |
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| | Advice on climate change policy from Committee to Secretary of State |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Committee may provide the Secretary of State with advice on any policy |
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| | matters related to climate change. |
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| | (2) | The Committee must, at the time it gives its advice to the Secretary of State, send |
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| | a copy to the other national authorities. |
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| | (3) | As soon as is reasonably practicable after giving its advice to the Secretary of |
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| | State, the Committee must publish that advice in such a manner as it considers |
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| | |
| |
| | International negotiations by the Foreign and Commonwealth Office |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | In international climate change agreement negotiations the Secretary of State for |
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| | the Foreign and Commonwealth Office and all persons acting on his behalf must |
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| |
| |
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| | work towards achieving an international agreement which prevents dangerous |
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| | |
| | (2) | For the purposes of this section “dangerous climate change” is deemed to have |
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| | occurred when global average temperature increase is more than C above pre- |
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| | |
| | (3) | Agreement should be based on the principles of contraction and convergence, that |
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| | is the principle of contraction of global carbon emissions and convergence of per |
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| | capita emissions across the global population. |
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| | (4) | In reaching such an agreement the Secretary of State for the Foreign and |
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| | Commonwealth Office and all persons acting on his behalf should act in concert |
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| | with the UN and the EU.’. |
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| |
| | Waste authority’s power to reduce amount of council tax payable |
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| |
| |
| |
| | |
| | To move the following Clause:— |
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| | ‘After section 13A of the Local Government Finance Act 1992 (c. 14) there is |
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| | |
| | “13B | Power to reduce amount of tax payable in relation to household waste |
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| | (1) | Where a person is liable to pay council tax in respect of any chargeable |
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| | dwelling and any day, any waste collection authority or waste disposal |
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| | authority may require the billing authority for the area in which the |
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| | dwelling is situated to reduce the amount which he is liable to pay as |
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| | respects the dwelling and the day to such extent as it thinks fit. |
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| | (2) | The power under subsection (1) may only be exercised in connection |
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| | with measures to reduce the amount of residual domestic waste produced |
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| | |
| | (3) | The power under subsection (1) may be exercised in relation to particular |
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| | cases or by determining a class of case in which liability is to be reduced |
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| | to an extent provided by the determination. |
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| | (4) | Where an authority exercises the power under subsection (1) the |
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| | authority must pay or allow to the billing authority if requested an |
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| | amount equivalent to the total reduction in the amount of tax payable |
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| | each year as a result together with the reasonable administration costs of |
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| | making such reductions.”’. |
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| |
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| |
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| | Carbon emissions reduction targets: obligation to cooperate |
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| |
| |
| |
| | |
| | To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by regulations— |
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| | (a) | make provision requiring energy suppliers to cooperate with responsible |
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| | local authorities in the preparation and delivery of relevant local area |
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| | |
| | (b) | make provision as to the arrangements for such cooperation. |
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| | (2) | The Secretary of State may by regulations— |
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| | (a) | subject to subsection (3), make provision requiring energy suppliers to |
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| | make such contribution as may be determined by the Secretary of State |
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| | in respect of measures to achieve carbon emission reduction targets, |
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| | (b) | make provision as to the arrangements for such contribution, in particular |
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| | as to the restrictions upon energy suppliers in including any element of |
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| | such contribution in charges to consumers. |
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| | (3) | The contribution referred to in subsection (2) shall not exceed an amount |
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| | equivalent to the sums raised through relevant consumer contributions made to |
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| | |
| | |
| | “energy suppliers” shall mean persons who are gas transporters or gas |
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| | suppliers for the purposes of the Gas Act 1986 (c. 44); and persons who |
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| | are electricity distributors or electricity suppliers for the purposes of the |
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| | Electricity Act 1989 (c. 29); |
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| | “responsible local authorities” shall be as defined in section 103 of the Local |
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| | Government and Public Involvement in Health Act 2007 (c. 28); |
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| | “local area agreement” shall be as defined in section 106 of the Local |
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| | Government and Public Involvement in Health Act 2007; |
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| | “relevant consumer contributions” shall mean those contributions made to |
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| | energy suppliers by consumers in respect of Carbon Emission Reduction |
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| | Targets as permitted by the Climate Change and Sustainable Energy Act |
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| | |
| |
| | Duties of a waste collection authority |
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| |
| | |
| | To move the following Clause:— |
|
| | ‘A waste collection authority must— |
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| | (a) | collect without charge any material in its area which has been deposited |
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| | or disposed of in unauthorised locations; |
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| | (b) | provide at least one recycling facility in its area which is open from 7 a.m |
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| | till 11 p.m. seven days per week; |
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| | (c) | collect all recycling material on the same day each week; |
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| |
| |
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| | (d) | permit householders to supply their own containers for recycling |
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| | materials or residual waste provided that they are of a similar size and |
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| | design and which do not jeopardise the scheme.’. |
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| |
| | Containers for recycling materials |
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| |
| | |
| | To move the following Clause:— |
|
| | ‘A waste reduction scheme must not— |
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| | (a) | require premises to maintain three or more different containers for |
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| | |
| | (b) | include any systems of bins, boxes or containers which provide for |
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| | electronic monitoring, scanning, counting or otherwise measuring |
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| | |
| | (c) | authorise any person to sift, sort and monitor the contents of any (a) |
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| | domestic recycling container or (b) residual refuse container; |
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| | (d) | require or supply containers of a design which only the waste authority |
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| | |
| |
| |
| |
| | |
| To move the following Schedule:— |
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| | ‘Charges for single use carrier bags |
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| | |
| | Powers to make regulations about charges |
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| | |
| | 1 | The relevant national authority may make provision by regulations about |
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| | charging by sellers of goods for the supply of single use carrier bags. |
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| | |
| | 2 | The regulations may make provision requiring sellers of goods to charge for |
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| | single use carrier bags supplied— |
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| | (a) | at the place where the goods are sold, for the purpose of enabling the |
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| | goods to be taken away, or |
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| | (b) | for the purpose of enabling the goods to be delivered. |
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| |
| |
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| | |
| | 3 (1) | “Seller”, in relation to goods, has the meaning given by the regulations which |
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| | may define that term by reference (in particular) to— |
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| | (a) | a person’s involvement in selling the goods, |
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| | (b) | a person’s interest in the goods, or |
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| | (c) | a person’s interest in the place at or from which the goods are sold, |
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| | | or any combination of those factors. |
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| | (2) | The regulations may make provision for regulations under this Schedule to |
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| | |
| | (a) | to all sellers of goods, |
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| | (b) | to sellers of goods named in the regulations, |
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| | (c) | to sellers of goods identified by reference to specified factors, or |
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| | (d) | to sellers of goods within paragraph (b) and sellers of goods within |
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| | |
| | (3) | The specified factors may include— |
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| | (a) | the place or places at or from which a seller supplies goods; |
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| | (b) | the type of goods that a seller supplies; |
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| | (c) | the value of goods that a seller supplies; |
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| | (d) | a seller’s turnover or any part of that turnover. |
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| | (4) | In this Schedule “specified” means specified in regulations under this |
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| | |
| | |
| | 4 | The regulations may specify the minimum amount that a seller must charge for |
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| | each single use carrier bag, or provide for that amount to be determined in |
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| | accordance with the regulations. |
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| | |
| | 5 | “Single use carrier bag” has the meaning given by the regulations, which may |
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| | define that term by reference (in particular) to— |
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| | (a) | a bag’s size, thickness, construction, composition or other |
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| | |
| | |
| | | or any combination of those factors. |
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| | |
| | 6 (1) | The regulations may appoint a person (an “administrator”) to administer |
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| | provision made by regulations under this Schedule. |
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| | (2) | More than one person may be appointed as administrator. |
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| | (3) | The regulations may confer or impose powers or duties on an administrator and |
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| | may (in particular) do so— |
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| | (a) | by making modifications to any enactment applying to the |
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| | |
| | (b) | by providing for any such enactment to apply, with or without |
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| | modifications, for the purposes of regulations under this Schedule. |
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| | (4) | References in this Schedule to an administrator include a person appointed by |
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| | |
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| |
| |
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| | Record-keeping and publication of records |
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| | 7 (1) | The regulations may require records to be kept relating to charges made for |
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| | |
| | (2) | The regulations may require— |
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| | (a) | the records, or such other information as may be specified, to be |
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| | published at such times and in such manner as may be specified; |
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| | (b) | the records, or such other information as may be specified, to be |
|
| | supplied on request and in such manner as may be specified to— |
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| | (i) | the relevant national authority, |
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| | (ii) | an administrator, or |
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| | (iii) | members of the public. |
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| | (3) | The regulations may (in particular) require the publication or supply of records |
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| | or information relating to any of the following— |
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| | (a) | the amount received by a seller by way of charges for single use carrier |
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| | |
| | (b) | the seller’s gross or net proceeds of the charge; |
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| | (c) | the uses to which the net proceeds of the charge have been put. |
|
| | |
| | “gross proceeds of the charge” means the amount received by the seller by |
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| | way of charges for single use carrier bags; |
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| | “net proceeds of the charge” means the seller’s gross proceeds of the charge |
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| | reduced by such amounts as may be specified. |
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| | |
| | 8 (1) | The regulations may confer or impose powers or duties on an administrator to |
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| | enforce provision made by regulations under this Schedule. |
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| | (2) | The regulations may (in particular) confer powers on an administrator to— |
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| | (a) | require the production of documents or the provision of information, |
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| | |
| | (b) | question a seller or officers or employees of a seller. |
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| | (3) | Regulations under sub-paragraph (2) must contain provision for ensuring that |
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| | the power in question is exercised by a person only where the person |
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| | reasonably believes there has been a failure to comply with a requirement of |
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| | regulations under this Schedule. |
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| | |
| | |
| | |
| | 9 (1) | The relevant national authority may make provision by regulations about civil |
|
| | sanctions for breaches of regulations under this Schedule. |
|
| | (2) | For the purposes of this Schedule a person breaches regulations under this |
|
| | Schedule if, in such circumstances as may be specified, the person— |
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| | (a) | fails to comply with a requirement made by or under the regulations, |
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| | |
| | (b) | obstructs or fails to assist an administrator. |
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| | (3) | In this Schedule “civil sanction” means— |
|
| | (a) | a fixed monetary penalty (see paragraph 10), or |
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|
|
| |
| |
|
| | (b) | a discretionary requirement (see paragraph 12). |
|
| | |
| | 10 (1) | The regulations may make provision conferring on an administrator the power |
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| | by notice to impose a fixed monetary penalty on a person who breaches |
|
| | regulations under this Schedule. |
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| | (2) | The regulations may only confer such a power in relation to a case where the |
|
| | administrator is satisfied on the balance of probabilities that the breach has |
|
| | |
| | (3) | For the purposes of this Schedule a “fixed monetary penalty” is a requirement |
|
| | to pay to an administrator a penalty of an amount specified in or determined in |
|
| | accordance with the regulations. |
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| | (4) | The regulations may not provide for the imposition of a fixed monetary penalty |
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| | |
| | Fixed monetary penalties: procedure |
|
| | 11 (1) | Provision under paragraph 10 must secure that— |
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| | (a) | where an administrator proposes to impose a fixed monetary penalty |
|
| | on a person, the administrator must serve on that person a notice of |
|
| | what is proposed (a “notice of intent”) that complies with sub- |
|
| | |
| | (b) | the notice of intent also offers the person the opportunity to discharge |
|
| | the person’s liability for the fixed monetary penalty by payment of a |
|
| | specified sum (which must be less than or equal to the amount of the |
|
| | |
| | (c) | if the person does not so discharge liability— |
|
| | (i) | the person may make written representations and objections to |
|
| | the administrator in relation to the proposed imposition of the |
|
| | fixed monetary penalty, and |
|
| | (ii) | the administrator must at the end of the period for making |
|
| | representations and objections decide whether to impose the |
|
| | |
| | (d) | where the administrator decides to impose the fixed monetary penalty, |
|
| | the notice imposing it (“the final notice”) complies with sub-paragraph |
|
| | |
| | (e) | the person on whom a fixed monetary penalty is imposed may appeal |
|
| | against the decision to impose it. |
|
| | (2) | To comply with this sub-paragraph the notice of intent must include |
|
| | |
| | (a) | the grounds for the proposal to impose the fixed monetary penalty. |
|
| | (b) | the effect of payment of the sum referred to in sub-paragraph (1)(b), |
|
| | (c) | the right to make representations and objections, |
|
| | (d) | the circumstances in which the administrator may not impose the fixed |
|
| | |
| | (e) | the period within which liability to the fixed monetary penalty may be |
|
| | discharged, which may not exceed the period of 28 days beginning |
|
| | with the day on which the notice of intent was received, and |
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| | (f) | the period within which representations and objections may be made, |
|
| | which may not exceed the period of 28 days beginning with the day on |
|
| | which the notice of intent was received. |
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|