The Single Use Carrier Bags Charge (Fixed Penalty Notices and Amendment) (Scotland) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for fixed penalties in relation to offences under the Single Use Carrier Bags Charge (Scotland) Regulations 2014 (“the 2014 Regulations”) and makes an amendment to those Regulations.

Regulation 2 of the Regulations provides that local authorities will be the enforcement authorities and ensures that those authorities will have all the functions of enforcing authorities under section 88A of, and schedule 1A to, the Climate Change (Scotland) Act 2009 (“the 2009 Act”). Section 88A of the 2009 Act provides that a person authorised by an enforcement authority may give a fixed penalty notice if they have reason to believe that the person to whom the notice is given has committed an offence provided for in Regulations made under section 88. The 2014 Regulations were made under section 88 of the 2009 Act. Schedule 1A to the 2009 Act makes provision about the content and procedure of fixed penalty notices.

Regulation 3 prescribes the time after which a fixed penalty not be given as 7 days after the day on which the offence took place (see paragraph 3 of schedule 1A to the 2009 Act).

Regulation 4(a) of the Regulations prescribes that the amount of a fixed penalty notice given under section 88A of the 2009 Act is £200.

Regulation 4(b) provides that the discounted payment in relation to such fixed penalty notices is £100. By virtue of paragraph 2(3)(a) of schedule 1A to the 2009 Act a fixed penalty notice under section 88A must state that any liability to conviction of the offence is discharged if the person makes payment of the discounted amount before the discounted payment deadline. The discounted payment deadline is specified in paragraph 5(3) of schedule 1A to the 2009 Act.

Regulation 5 of the Regulations amends the 2014 Regulations to provide an exemption for certain premises where a person’s liberty may be restricted. These include prisons, young offenders institutions, hospitals where persons are detained under mental health legislation, and secure accommodation. The exemption only applies where the bag is necessary for reasons of security, good order, discipline or safety.