InterpretationN.I.
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Memorandwm Esboniadol
2.—(1) In these Regulations—
“the Administrator” means the Department of the Environment;
“the charge” means the full consideration received by a seller for [carrier bags] which attract the requirement to charge;
“consideration” includes any chargeable VAT;
“the Department” means the Department of the Environment;
“discretionary requirement” has the meaning given in paragraph 12(3) of Schedule 6 to the Climate Change Act 2008;
“enforcement costs recovery notice” has the meaning given in regulation 16(1);
“fixed monetary penalty” has the meaning given in paragraph 10(3) of Schedule 6 to the Climate Change Act 2008;
“functions” includes powers and duties;
“late payment penalty” means any increase in an amount payable—
(a)
as a fixed monetary penalty, by virtue of paragraph 10 of Schedule 2;
(b)
as a variable monetary penalty, by virtue of paragraph 9 of Schedule 3;
(c)
as a non-compliance penalty, by virtue of paragraph 8 of Schedule 4;
“net proceeds of the charge” means the proceeds of the charge less—
(a)
any element of the charge in excess of [25] pence;
(b)
any amount of chargeable VAT in respect of the [25] pence charge.
“non-compliance penalty notice” has the meaning given in paragraph 5(4) of Schedule 4;
“non-monetary discretionary requirement” has the meaning given in paragraph 12(4) of Schedule 6 to the Climate Change Act 2008;
“publicity notice” has the meaning given in paragraph 19(2) of Schedule 6 to the Climate Change Act 2008;
“record” means the information specified in regulation 9(3);
“reporting year” means—
(a)
the period starting on the date on which these Regulations come into operation and ending on 5 April 2014;
(b)
thereafter, the period commencing 6 April in one year and ending on 5 April the following year; the first such period to commence 6 April 2014;
“specified sum” has the meaning given in paragraph 4(2) of Schedule 2;
“variable monetary penalty” has the meaning given by paragraph 12(4) of Schedule 6 to the Climate Change Act 2008;
“VAT” has the meaning given in section 96 of the Value Added Tax Act 1994 .
(2) References to—
(a)a notice of intent in relation to a fixed monetary penalty, are references to a notice of intent served under paragraph 3(1) of Schedule 2;
(b)a final notice in relation to a fixed monetary penalty, are references to a final notice served under paragraph 6(5) of Schedule 2;
(c)a notice of intent in relation to a discretionary requirement, are references to a notice of intent served under paragraph 3(1) of Schedule 3;
(d)a final notice in relation to a discretionary requirement, are references to a final notice served under paragraph 5(6) of Schedule 3;
(e)a notice of intent in relation to a non-compliance penalty, are references to a notice of intent served under paragraph 3(1) of Schedule 4.
(3) References to [carrier bags ] which attract the requirement to charge are references to those [carrier bags] to which regulation 6 applies.
Textual Amendments
Marginal Citations