The Single Use Carrier Bags Charge (Scotland) Regulations 2014

Carrier bags to which the requirement to charge applies

3.—(1) The requirement to charge imposed by regulation 6 applies to a carrier bag fitting a description in paragraph (2), (3), (4) or (5).

(2) A carrier bag fits the description in this paragraph if—

(a) it is a bag made wholly or mainly from paper (other than a small paper bag), natural starch or a plant-based material (other than cotton, flax, hemp, jute or sisal); and

(b) the bag is not intended for multiple re-use.

(3) A carrier bag fits the description in this paragraph if it is a plastic bag (other than a small plastic bag) manufactured from material which is no more than 49 micrometres thick.

(4) A carrier bag fits the description in this paragraph if it is a plastic bag (other than a small plastic bag) that is—

(a) no more than 404 millimetres wide;

(b) no more than 404 millimetres high; or

(c) no more than 439 millimetres wide and 439 millimetres high.

(5) A carrier bag fits the description in this paragraph if it is a plastic bag (other than a small plastic bag) that is not intended for multiple re-use.

(6) A carrier bag is intended for multiple reuse if—

(a) it is purchased by the customer;

(b) when worn out, it is returnable to the supplier to be replaced free of charge by another such bag; and

(c) it is marked in a manner that shows that it is such a bag.

(7) In this regulation—

(a) “plastic bag” means a carrier bag made wholly or mainly from plastic;

(b) “small paper bag” means a carrier bag made wholly from paper which—

(i) does not have a gusset or a handle and is not more than 175 millimetres wide and 260 millimetres high; or

(ii) has a gusset no greater than 50 millimetres wide but does not have a handle and is not more than 80 millimetres wide and 155 millimetres high;

(c) “small plastic bag” means a plastic bag that does not have a gusset or a handle and is not more than 125 millimetres wide and 125 millimetres high;

(d) in determining whether a carrier bag fits a description in paragraph (2), (3), (4), or (5), the fact that the bag has a gusset is to be disregarded; and

(e) in determining whether a carrier bag fits the description in paragraph (4), the difference between the overall height of the bag including any handle and the height of the main part of the bag is to be disregarded when calculating the height of the bag.