|
| |
| |
(a) | the requirements applicable under the scheme in relation |
| |
to the collection of domestic waste from premises to which |
| |
| |
(b) | any rebates or other payments available under the scheme |
| |
and the manner in which they are to be made; and |
| 5 |
(c) | any charges provided for by the scheme and the manner in |
| |
which they are to be collected. |
| |
| |
8 | A waste reduction scheme must contain provision enabling a |
| |
person to appeal against any decision affecting, directly or |
| 10 |
indirectly, that person’s entitlement to a rebate or other payment, |
| |
or liability to pay a charge, under the scheme. |
| |
Separate account to be kept |
| |
9 (1) | A waste collection authority that operates a waste reduction |
| |
scheme must keep a separate account of— |
| 15 |
(a) | any rebates or other payments under the scheme, and |
| |
(b) | any charges received by it under the scheme. |
| |
(2) | Any person interested may at any reasonable time and without |
| |
payment inspect the account and make copies of it or any part of it. |
| |
(3) | A person having custody of the account who intentionally |
| 20 |
obstructs a person in the exercise of the rights conferred by sub- |
| |
paragraph (2) above commits an offence. |
| |
(4) | A person guilty of such an offence is liable on summary conviction |
| |
to a fine not exceeding level 3 on the standard scale. |
| |
Contributions by waste disposal authority |
| 25 |
10 (1) | Where a waste collection authority that operates a waste reduction |
| |
scheme is not also the waste disposal authority, the waste disposal |
| |
authority may pay to the collection authority contributions of such |
| |
amounts as the disposal authority may determine towards |
| |
expenditure of the collection authority attributable to the scheme. |
| 30 |
(2) | The collection authority must supply to the disposal authority, |
| |
such information as the disposal authority may reasonably require |
| |
for the purpose of determining amounts under this paragraph. |
| |
Power to make provision as to administration etc |
| |
11 (1) | The Secretary of State may by regulations make provision as to— |
| 35 |
(a) | the manner in which the amount of any rebate or other |
| |
payment is to be determined, and any rebate or payment is |
| |
| |
| |
(i) | the amount of any charge is to be determined, and |
| 40 |
(ii) | any charge is to be collected or enforced. |
| |
(2) | The regulations may in particular provide— |
| |
| |
| |
|
| |
| |
(a) | for appeals against determinations or any failure to make |
| |
| |
(b) | for the appointment of persons or bodies to hear appeals, |
| |
| |
(c) | for charges to be recoverable, if a county court so orders, as |
| 5 |
if they were payable under a county court order. |
| |
(3) | The regulations may include provision— |
| |
(a) | for integrating the administration of the scheme with the |
| |
administration of council tax, and |
| |
(b) | for that purpose modifying, to such extent as appears to |
| 10 |
the Secretary of State to be necessary or expedient, any of |
| |
the enactments relating to council tax. |
| |
| In paragraph (b) “modifying” includes making additions, |
| |
| |
(4) | The regulations may in particular provide— |
| 15 |
(a) | for including material relating to the scheme in the notice |
| |
containing the council tax demand, |
| |
(b) | for applying to questions arising under the scheme the |
| |
procedure for appeals about liability to council tax, and |
| |
(c) | for applying to any liability under the scheme the |
| 20 |
procedures for the enforcement of liability for council tax. |
| |
Use of information obtained for council tax purposes |
| |
12 | An authority may use for the purpose of administering a waste |
| |
reduction scheme information it has obtained for the purpose of |
| |
carrying out its functions under the enactments relating to council |
| 25 |
| |
Amendment or revocation of waste reduction scheme |
| |
13 (1) | An authority that has made a waste reduction scheme may amend |
| |
| |
(2) | After amending a scheme and before bringing the amendment |
| 30 |
into operation, the authority must— |
| |
(a) | publish the amended scheme in such manner as it thinks |
| |
| |
(b) | if the amendment affects any of the matters previously |
| |
notified to occupiers, send to the occupier of any premises |
| 35 |
to which the scheme applies a notice setting out the effect |
| |
| |
(3) | The amendment or revocation of a scheme does not affect any |
| |
entitlement or liability under the scheme in respect of a period |
| |
before the amendment or revocation takes effect. |
| 40 |
(4) | The revocation of a scheme does not affect the duty of the |
| |
authority to comply with paragraph 6(1). |
| |
| |
| |
|
| |
| |
| |
14 (1) | The Secretary of State may issue guidance to waste collection |
| |
authorities and waste disposal authorities as respects the exercise |
| |
of their functions under this Schedule. |
| |
(2) | Any such guidance issued— |
| 5 |
(a) | must be published in such manner as the Secretary of State |
| |
considers appropriate, and |
| |
(b) | may be amended or replaced by further guidance, or |
| |
| |
(3) | In exercising their functions under this Schedule waste collection |
| 10 |
authorities and waste disposal authorities must have regard to |
| |
any guidance in force under this paragraph. |
| |
| |
| |
“domestic premises” means— |
| 15 |
(a) | a building or self-contained part of a building which |
| |
is used wholly for the purposes of living |
| |
| |
(b) | a caravan (as defined in section 29(1) of the Caravan |
| |
Sites and Control of Development Act 1960) that |
| 20 |
usually and for the time being is situated on a caravan |
| |
site (within the meaning of that Act), or |
| |
(c) | a moored vessel used wholly for the purposes of |
| |
| |
“domestic waste” means household waste from domestic |
| 25 |
| |
“enactment” includes an enactment contained in subordinate |
| |
| |
“recyclable waste” means waste that is capable of being |
| |
| 30 |
“residual domestic waste” means domestic waste that is |
| |
| |
(a) | waste meeting the conditions for collection by the |
| |
authority as recyclable waste, or |
| |
(b) | waste for which a charge may be made by virtue of |
| 35 |
regulations under section 45(3) (power to charge for |
| |
collection of household waste in prescribed cases); |
| |
“specified” means specified in the waste reduction scheme. |
| |
(2) | The Secretary of State may by order amend the definition of |
| |
“domestic premises” in sub-paragraph (1). |
| 40 |
(3) | References in this Schedule to recycling include re-using and |
| |
| |
| |
16 (1) | An order under paragraph 2(3), 6(2) or 15(2) is subject to |
| |
affirmative resolution procedure. |
| 45 |
| |
| |
|
| |
| |
(2) | Section 161(3) (negative resolution procedure: orders) applies in |
| |
relation to an order under paragraph 5(1), subject as follows. |
| |
(3) | An order under that paragraph is subject to affirmative resolution |
| |
| |
(a) | it is the first order to be made under that paragraph, or |
| 5 |
(b) | it increases the limit for the time being set by an order |
| |
under that paragraph by more than is necessary to reflect |
| |
changes in the value of money since that limit was set. |
| |
(4) | Section 161(2) (negative resolution procedure: regulations) applies |
| |
in relation to regulations under paragraph 11, subject as follows. |
| 10 |
(5) | Regulations under that paragraph are subject to affirmative |
| |
resolution procedure if they modify an enactment contained in an |
| |
| |
(6) | Where an order or regulations are subject to “affirmative |
| |
resolution procedure” the Secretary of State must not make the |
| 15 |
order or regulations unless a draft of the statutory instrument |
| |
containing them has been laid before and approved by resolution |
| |
of each House of Parliament.”. |
| |
| |
| 20 |
3 (1) | Section 46 of the Environmental Protection Act 1990 (c. 43) (receptacles for |
| |
household waste) is amended as follows. |
| |
(2) | After subsection (1) insert— |
| |
| |
(a) | subsection (1) applies to a waste collection authority, and |
| 25 |
(b) | a waste reduction scheme under Schedule 2AA to this Act is |
| |
in operation in the authority’s area, |
| |
| the authority may require the occupier to place the waste for |
| |
collection in receptacles identified by such means as may be |
| |
| 30 |
(1B) | A requirement under subsection (1A)— |
| |
(a) | must be imposed by notice served on the occupier; |
| |
(b) | may be imposed instead of, or in addition to, any |
| |
requirement imposed on the occupier under subsection (1).”. |
| |
(3) | In subsection (6) (penalties for failure to comply with requirements under |
| 35 |
subsection (1) etc) after “subsection (1),” insert “(1A),”. |
| |
(4) | In subsection (10) (interpretation), in the definition of “specified”, after |
| |
“subsection (1)” insert “or (1A)”. |
| |
4 (1) | Section 161 of that Act (regulations, orders and directions) is amended as |
| |
| 40 |
| |
| |
|
| |
| |
(2) | After subsection (2) (negative resolution procedure: regulations) insert— |
| |
“(2ZA) | Subsection (2) does not apply to a statutory instrument containing |
| |
regulations under paragraph 11 of Schedule 2AA to this Act to which |
| |
paragraph 16(5) of that Schedule applies.” |
| |
(3) | In subsection (4) (instruments not subject to negative resolution procedure), |
| 5 |
after paragraph (a) insert— |
| |
| |
(i) | an order under paragraph 2(3), 6(2) or 15(2) of |
| |
Schedule 2AA to this Act, or |
| |
(ii) | an order under paragraph 5(1) of that Schedule to |
| 10 |
which paragraph 16(3) of that Schedule applies, or”. |
| |
| |
| |
Charges for single use carrier bags |
| |
| |
Powers to make regulations about charges |
| 15 |
| |
1 | The relevant national authority may make provision by regulations about |
| |
charging by sellers of goods for the supply of single use carrier bags. |
| |
| |
2 | The regulations may make provision requiring sellers of goods to charge for |
| 20 |
single use carrier bags supplied— |
| |
(a) | at the place where the goods are sold, for the purpose of enabling the |
| |
goods to be taken away, or |
| |
(b) | for the purpose of enabling the goods to be delivered. |
| |
| 25 |
3 (1) | “Seller”, in relation to goods, has the meaning given by the regulations |
| |
which may define that term by reference (in particular) to— |
| |
(a) | a person’s involvement in selling the goods, |
| |
(b) | a person’s interest in the goods, or |
| |
(c) | a person’s interest in the place at or from which the goods are sold, |
| 30 |
| or any combination of those factors. |
| |
(2) | The regulations may make provision for regulations under this Schedule to |
| |
| |
(a) | to all sellers of goods, |
| |
(b) | to sellers of goods named in the regulations, |
| 35 |
(c) | to sellers of goods identified by reference to specified factors, or |
| |
(d) | to sellers of goods within paragraph (b) and sellers of goods within |
| |
| |
| |
| |
|
| |
| |
(3) | The specified factors may include— |
| |
(a) | the place or places at or from which a seller supplies goods; |
| |
(b) | the type of goods that a seller supplies; |
| |
(c) | the value of goods that a seller supplies; |
| |
(d) | a seller’s turnover or any part of that turnover. |
| 5 |
(4) | In this Schedule “specified” means specified in regulations under this |
| |
| |
| |
4 | The regulations may specify the minimum amount that a seller must charge |
| |
for each single use carrier bag, or provide for that amount to be determined |
| 10 |
in accordance with the regulations. |
| |
| |
5 | “Single use carrier bag” has the meaning given by the regulations, which |
| |
may define that term by reference (in particular) to— |
| |
(a) | a bag’s size, thickness, construction, composition or other |
| 15 |
| |
| |
| or any combination of those factors. |
| |
| |
6 (1) | The regulations may appoint a person (an “administrator”) to administer |
| 20 |
provision made by regulations under this Schedule. |
| |
(2) | More than one person may be appointed as administrator. |
| |
(3) | The regulations may confer or impose powers or duties on an administrator |
| |
and may (in particular) do so— |
| |
(a) | by making modifications to any enactment applying to the |
| 25 |
| |
(b) | by providing for any such enactment to apply, with or without |
| |
modifications, for the purposes of regulations under this Schedule. |
| |
(4) | References in this Schedule to an administrator include a person appointed |
| |
| 30 |
Record-keeping and publication of records |
| |
7 (1) | The regulations may require records to be kept relating to charges made for |
| |
| |
(2) | The regulations may require— |
| |
(a) | the records, or such other information as may be specified, to be |
| 35 |
published at such times and in such manner as may be specified; |
| |
(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— |
| |
(i) | the relevant national authority, |
| |
(ii) | an administrator, or |
| 40 |
(iii) | members of the public. |
| |
| |
| |
|
| |
| |
(3) | The 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 single use |
| |
| |
(b) | the seller’s gross or net proceeds of the charge; |
| 5 |
(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 way of charges for single use carrier bags; |
| |
“net proceeds of the charge” means the seller’s gross proceeds of the |
| 10 |
charge reduced by such amounts as may be specified. |
| |
| |
8 (1) | The regulations may confer or impose powers or duties on an administrator |
| |
to enforce provision made by regulations under this Schedule. |
| |
(2) | The regulations may (in particular) confer powers on an administrator to— |
| 15 |
(a) | require the production of documents or the provision of information, |
| |
| |
(b) | question a seller or officers or employees of a seller. |
| |
(3) | Regulations under sub-paragraph (2) must contain provision for ensuring |
| |
that the power in question is exercised by a person only where the person |
| 20 |
reasonably believes there has been a failure to comply with a requirement of |
| |
regulations under this Schedule. |
| |
| |
| |
| 25 |
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— |
| |
(a) | fails to comply with a requirement made by or under the regulations, |
| 30 |
| |
(b) | obstructs or fails to assist an administrator. |
| |
(3) | In this Schedule “civil sanction” means— |
| |
(a) | a fixed monetary penalty (see paragraph 10), or |
| |
(b) | a discretionary requirement (see paragraph 12). |
| 35 |
| |
10 (1) | The regulations may make provision conferring on an administrator the |
| |
power by notice to impose a fixed monetary penalty on a person who |
| |
breaches regulations under this Schedule. |
| |
| |
| |
|
