8

For the purpose of this section and any regulations made under it, “packaging” has the meaning given by Article 3 of Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste.

Chargeable items

87ACharges for supply of single-use items

1

The Scottish Ministers may, by regulations, require suppliers of goods—

a

to charge for items specified in the regulations,

b

to apply the net proceeds raised by such charges to the advancement of environmental protection or improvement or to any other purposes that may be reasonably regarded as analogous.

2

The regulations may in particular include provision about—

a

the circumstances in which the requirement applies,

b

the suppliers to whom the requirement applies,

c

the minimum amount to be charged for an item specified in the regulations,

d

how the net proceeds raised by the charge are to be ascertained,

e

the particular purposes to which those net proceeds are to be applied,

f

subject to section 89—

i

the enforcement authority in relation to the regulations, and

ii

the functions of that authority,

g

the keeping of records and their production to the enforcement authority,

h

the enforcement of the requirements imposed by the regulations,

i

offences in relation to failures to comply with the requirements imposed by the regulations.

3

The regulations may only specify items which are—

a

manufactured,

b

provided—

i

as a container or packaging for goods, or

ii

to be used in connection with the consumption or use of goods, and

c

likely to be used for that purpose only—

i

once, or

ii

for a short period.

4

The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.