SCHEDULE 1 Charges for Carrier Bags: Civil Sanctions
Environment (Wales) Act 2016 (2016 anaw 3) | Legislation

SCHEDULE 1 Charges for Carrier Bags: Civil Sanctions

(introduced by section 61)

Civil sanctions

1

(1)     Carrier bag regulations may make provision about civil sanctions for breaches of the regulations.

(2)     For the purposes of this Schedule, a person breaches carrier bag regulations if, in such circumstances as may be specified, the person—

(a)     fails to comply with a requirement made by or under the regulations, or

(b)     obstructs or fails to assist an administrator.

(3)     In this Schedule, “civil sanction” means—

(a)     a fixed monetary penalty, or

(b)     a discretionary requirement.

Fixed monetary penalties

2

(1)     Carrier bag regulations may confer on an administrator the power by notice to impose a fixed monetary penalty on a person who breaches the regulations.

(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 occurred.

(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.

(4)     The regulations may not provide for the imposition

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