The Single Use Carrier Bags Charge (Wales) Regulations 2010

Regulation 7

SCHEDULE 1

Exemptions

1.—(1) The kinds of single use carrier bags to which regulation 6 does not apply are—

(a) bags used solely to contain unpackaged food for human or animal consumption;

(b) bags used solely to contain unpackaged loose seeds, bulbs, corms or rhizomes;

(c) bags used solely to contain any unpackaged axe, knife, knife blade or razor blade;

(d) bags used solely to contain unpackaged goods contaminated by soil;

(e) bags used solely to contain packaged—

(i) uncooked fish or fish products;

(ii) uncooked meat or meat products;

(iii) uncooked poultry or poultry products,

and in respect of which the maximum dimensions are 205 millimetres (“mm”) (width) x 125 mm (gusset width) x 458 mm (height inclusive of handles);

(f) sealed bags supplied by a seller before the point of sale;

(g) bags used to contain purchases made on board ships, trains, aircraft, coaches or buses;

(h) bags used to contain purchases made in an area designated by the Secretary of State as a security restricted area under section 11A of the Aviation Security Act 1982(1);

(i) bags for packaging and delivery of mail or mail order goods;

(j) bags which—

(i) are made wholly from paper;

(ii) have maximum dimensions of 175 mm (width) x 260 mm (height);

(iii) do not have a gusset; and

(iv) do not have a handle;

(k) bags which—

(i) are made wholly or mainly from plastic;

(ii) have maximum dimensions of 125 mm (width) x 125 mm (height);

(iii) do not have a gusset; and

(iv) do not have a handle;

(l) bags which—

(i) are made wholly from paper;

(ii) have maximum dimensions of 80 mm (width) x 50 mm (gusset width) x 155 mm (height); and

(iii) do not have a handle;

(m) gusseted liners used to line or cover boxes, crates or other containers of a similar nature;

(n) bags used solely to contain live aquatic creatures in water;

(o) bags used solely to contain one or more items from the categories specified in sub-paragraph (2).

(2) The specified categories are—

(a) medicinal products or listed appliances sold in accordance with a prescription issued by a registered medical practitioner, a dentist, a supplementary prescriber, a nurse independent prescriber, an independent nurse prescriber, an optometrist independent prescriber, a pharmacist independent prescriber or an EEA health professional;

(b) where sold or supplied otherwise than in accordance with paragraph (a), pharmacy medicine.

(3) In this paragraph—

• “dentist” (“deintydd”) means a person registered in the dentists register kept under section 14 of the Dentists Act 1984(2);

• “EEA health professional” (“proffesiynolyn iechyd yr AEE”) has the meaning given in regulation 1(2) of the Medicines for Human Use (Prescribing by EEA Practitioners) Regulations 2008(3);

• “independent nurse prescriber” (“nyrs sy'n rhagnodi'n annibynnol”) has the meaning given in regulation 2(1) of the National Health Service (Pharmaceutical Services) Regulations 1992(4);

• “listed appliances” (“cyfarpar rhestredig”) means listed appliances within the meaning of any of the following—

  (a)

  section 80 of the National Health Service (Wales) Act 2006(5);

  (b)

  article 63 of the Health and Personal Social Services (Northern Ireland) Order 1972(6);

  (c)

  section 27 of the National Health Service (Scotland) Act 1978(7);

  (d)

  section 126 of the National Health Service Act 2006(8);

• “medicinal product” (“cynnyrch meddyginiaethol”) has the meaning given in section 130 of the Medicines Act 1968(9);

• “pharmacy medicine” (“meddyginiaeth fferyllol”) means a medicinal product which is not a prescription only medicine and which—

  (a)

  in accordance with section 52(10) of the Medicines Act 1968, can only be sold or supplied under the conditions specified in sub-section (1)(a) to (c) of that section; or

  (b)

  but for the fact that it is sold or supplied in accordance with section 55(11) of that Act, could only lawfully be sold or supplied under those conditions;

• “prescription only medicine” (“meddyginiaeth drwy bresgripsiwn yn unig”) means a medicinal product—

  (a)

  of a description or falling within a class specified in an order made under section 58(12) of the Medicines Act 1968;

  (b)

  to which section 58 of that Act applies by virtue of an order made under section 104(13) of that Act;

• “supplementary prescriber” (“rhagnodydd atodol”), “nurse independent prescriber” (“nyrs-ragnodydd annibynnol”), “optometrist independent prescriber” (“optometrydd-ragnodydd annibynnol”) and “pharmacist independent prescriber” (“fferyllydd-ragnodydd annibynnol”) each have the meanings respectively ascribed to them in article 1(2) of the Prescription Only Medicines (Human Use) Order 1997(14);

• “unpackaged” (“heb ei becynnu”) means wholly or partly unwrapped.

(1)

1982 c. 36; section 11A was inserted by the Aviation and Maritime Security Act 1990 (c. 31), Schedule 1, paragraph 3; and amended by S.I. 2010/902, regulations 3 and 9(b).

(2)

1984 c. 24; section 14 was substituted by S.I. 2005/2011, articles 2(1) and 6; and amended by S.I. 2007/3101, regulations 109 and 111.

(3)

S.I. 2008/1692, to which there are amendments not relevant to these Regulations.

(4)

S.I. 1992/662; relevant amending instruments are S.I. 2003/2624 (W. 252), S.I. 2007/205 (W. 19) and S.I. 2010/1647 (W.155).

(5)

2006 c. 42.

(6)

S.I. 1972/1265 (N.I. 14), amended by 1978/1907 (N.I. 26); there are other amendments but none is relevant.

(7)

1978 c. 29; there are amendments to section 27 which are not relevant to these Regulations.

(8)

2006 c. 41.

(9)

1968 c. 67; section 130 was amended by S.I. 1994/3119, regulation 2(b); and S.I. 2005/50, regulation 25(1)(c) and (d); there are other amendments but none is relevant.

(10)

Section 52 was amended by the Health Act 2006 (c. 28); there are other amendments but none is relevant.

(11)

Section 55 was amended by S.I. 2004/1771, article 3 and paragraph 10(b) of the Schedule; by S.I. 2006/2407, paragraphs 1 and 26 of Schedule 8.

(12)

There are amendments to section 58 which are not relevant to these Regulations.

(13)

Section 104 was amended by S.I. 2004/1031, regulation 54 and paragraph 17 of Schedule 10; and by S.I. 2006/2407, paragraphs 1 and 54 of Schedule 8.

(14)

S.I. 1997/1830; relevant amending instruments are S.I. 2003/696. S.I. 2004/1771, S.I. 2005/765, S.I. 2006/915, S.I. 2010/1621.