SCHEDULES
SCHEDULE 6Charges for F1single use carrier bagsF1carrier bags
Part 2Civil sanctions
Discretionary requirements
12
1
The regulations may make provision conferring on an administrator the power by notice to impose one or more discretionary requirements on a person who breaches regulations under this Schedule.
2
The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.
3
For the purposes of this Schedule a “discretionary requirement” means—
a
a requirement to pay a monetary penalty to an administrator of such amount as the administrator may determine, or
b
a requirement to take such steps as an administrator may specify, within such period as the administrator may specify, to secure that the breach does not continue or recur.
4
In this Schedule—
“variable monetary penalty” means a requirement referred to in sub-paragraph (3)(a);
“non-monetary discretionary requirement” means a requirement referred to in sub-paragraph (3)(b).
5
The regulations must, in relation to each kind of breach of regulations under this Schedule for which a variable monetary penalty may be imposed—
a
specify the maximum penalty that may be imposed for a breach of that kind, or
b
provide for that maximum to be determined in accordance with the regulations.
6
The regulations may not permit discretionary requirements to be imposed on a person on more than one occasion in relation to the same act or omission.
Words in Sch. 6 para. 2 substituted (N.I.) (28.4.2014) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 1(b)