Search Legislation

The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023

Changes over time for: Section 5

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023, Section 5. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

5Offence of supplying prohibited single-use plastic productE+W

This section has no associated Explanatory Notes

(1)A person of a description referred to in subsection (2) (“P”) commits an offence if that person—

(a)supplies (as to which see subsection (3)) a prohibited single-use plastic product to a consumer who is in Wales, and this includes arranging for the delivery of the product to a consumer at an address in Wales;

(b)offers on premises in Wales (as to which see subsection (4)) to supply a prohibited single-use plastic product to a consumer.

(2)The descriptions of person that may commit an offence under this section are—

(a)a body corporate (including a body exercising any function of a public nature);

(b)a partnership;

(c)an unincorporated association;

(d)a person acting as a sole trader.

(3)P supplies a prohibited single-use plastic product if P, or any person accountable to P—

(a)sells the product, or

(b)provides the product free of charg‍e.

(4)P offers to supply a prohibited single-use plastic product if P, or any person accountable to P—

(a)displays the product on the premises, or

(b)otherwise keeps the product on the premises such that it is accessible by, or available to, a consumer at the premises.

(5)A person is accountable to P if—

(a)that person—

(i)is an employee of P,

(ii)has a contract for services with P,

(iii)is an agent of P, or

(iv)is otherwise subject to the management, control or oversight of P, and

(b)that person—

(i)is acting in the course of P’s business, trade or profession,

(ii)is acting in relation to the exercise by P of P’s functions,

(iii)is acting in relation to P’s objects or purposes, or

(iv)is otherwise acting under the management, control or oversight of P.

(6)Where P‍ is shown to have arranged for a product to be delivered to a consumer at an address in Wales the product is taken to have been supplied by P to that consumer even if (for whatever reason)—

(a)the product was delivered to a different address, or

(b)the product was not delivered to any known address.

(7)In proceedings for an offence under subsection (1), it is a defence for P to show that P exercised all due diligence and took all reasonable precautions to avoid committing the offence.

(8)P is taken to have shown that P exercised all due diligence and took all reasonable precautions to avoid committing the offence if—

(a)sufficient evidence of this is adduced to raise an issue with respect to it, and

(b)the contrary is not proved beyond reasonable doubt.

(9)In proceedings for an offence under subsection (1), an allegation that a product was a‍ single-use plastic product of a kind listed in column 1 of the Table in paragraph 1 of the Schedule will be accepted as proved in the absence of evidence to the contrary.

(10)Where two or more prohibited single-use plastic products are supplied, or offered for supply, together, for the purposes of subsection (1) this is to be treated as a single act of supply, or offering to supply, of a prohibited single-use plastic product.

(11)In this‍ section, “consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business or profession (whether or not the individual purchased the product).

Commencement Information

I1S. 5 not in force at Royal Assent, see s. 22(2)

I2S. 5 in force at 30.10.2023 by S.I. 2023/1149, art. 2(c)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources