Environment (Wales) Act 2016 Explanatory Notes

Commentary on Sections

Part 3 – Charges for Carrier Bags

Section 58 - Administration

231.Section 58 makes provision about who may be responsible for administering the carrier bag charging regime. This section provides that the carrier bag regulations may appoint any person to be an administrator and may confer powers and duties on that person for the purpose of administering the regime. Under the 2010 Regulations, county and county borough councils are the administrators for their area.

232.In order to confer powers and duties on the administrator under subsection (3), subsection (4) provides that the regulations may modify enactments that apply to the administrator (such as enactments about the powers and duties of local authorities). “Enactment” is defined in section 87. The administrator may be given enforcement functions under section 60.

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