The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023

PART 1 Introduction

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023.

(2) These Regulations come into force on the twenty-fourth day after the day on which they are made.

(3) These Regulations extend to England and Wales and apply in relation to England only.

Interpretation

2.  In these Regulations—

“compliance notice” has the meaning given by paragraph 1(1)(b) of Schedule 1;

“end user” means any person to whom a product is supplied, other than—

(a)

for the purposes of supplying it, in the course of a business, to another person, or

(b)

for the purposes of a manufacturing process;

“enforcement undertaking” has the meaning given by paragraph 17(2) of Schedule 1;

“expanded or foamed extruded polystyrene” means polystyrene where the polymeric material is expanded at any point during its manufacture by any means (such as heat from steam or expansion during cooling) using any blowing agent (such as butane, pentane or propane);

“fixed monetary penalty” has the meaning given by paragraph 1(1)(a) of Schedule 1;

“local authority” means—

(a)

in relation to the City of London, the Common Council for the City of London,

(b)

in relation to an area in the rest of London, the London borough council for that area,

(c)

in relation to the Isles of Scilly, the Council of the Isles of Scilly,

(d)

in relation to an area in the rest of England, the county council for that area or, where there is no county council for that area, the district council for that area;

“plastic” means a material consisting of polymer as defined in Article 3(5) of Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)(1), to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified;

“regulator” means a local authority;

“single-use plastic balloon stick” means a stick, including its attachment mechanism, that is—

(a)

designed or intended to be attached to and support balloons,

(b)

made wholly or partly from plastic, and

(c)

not designed or intended to be re-used;

“single-use plastic cutlery” means any item that is—

(a)

designed or intended to be used as, or in the same way as, a knife, fork, spoon or chopstick,

(b)

made wholly or partly from plastic, and

(c)

not designed or intended to be re-used;

“single-use plastic plate, tray or bowl” means any item that is—

(a)

designed or intended to be used as a plate, tray or bowl,

(b)

made wholly or partly from plastic, and

(c)

not designed or intended to be re-used;

“single-use polystyrene cup” means a cup, with or without a lid or cover, that is—

(a)

made wholly or partly from expanded or foamed extruded polystyrene, and

(b)

not designed or intended to be re-used;

“single-use polystyrene food or drink container” means a receptacle such as a box, with or without a lid or cover, that is—

(a)

made wholly or partly from expanded or foamed extruded polystyrene,

(b)

not designed or intended to be re-used; and

(c)

used to contain food or drink that is ready to be consumed without further preparation;

“stop notice” has the meaning given by paragraph 9(2) of Schedule 1;

“supply” means supply, whether by way of sale or not;

“third party undertaking” has the meaning given by paragraph 3(1) of Schedule 1.

(1)

EUR 2006/1907.