Carrier Bag 5p charge: Everything you need to know. The legislative detail is amazing!
It starts with a Directive from the EU Parliament and Council - European Parliament and Council Directive 94/62/EC (on Packaging and Packaging Waste) and continues into national legislation to implement that Directive.
For more on this please see Law Now - It's in the bag ....! and also The Packaging (Essential Requirements) Regulations 2015 and the Single Use (Carrier Bags) Charges (England) Order 2015
The Packaging Regulations are made under the European Communities Act 1972 s2(2). The Carrier Bag Charges Order is made under the Climate Change Act 2008.
England is the last
to take this type of action as Wales has had
legislation requiring upfront charging for carrier bags in effect since
October 2011. An 80% reduction in consumption of single use plastic
bags has been reported since the legislation came into effect in
Wales. Northern Ireland has had similar legislation since April 2013
and Scotland since October 2014. The obligations in England will apply
to large retailers (“sellers”) who will need to charge at least 5p for
single use carrier bags. Money collected can be used to cover
reasonable costs of the retailer to comply with the law with the balance
expected to be donated to “good causes.” Government guidance notes
that medium and small retailers are free to charge voluntarily.
The Single Use Carrier Bags Charge (Wales) Regulations 2010 (2010 No 2880) (W.238)
The Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013 (2013 No.4)
The Single Use Carrier Bags Charge (Scotland) Regulations 2014 (2014 No.161)