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Regulation 2 Interpretation

Original text. Later amendments are not shown.

In these Regulations—

  • “authorised purpose” means the purpose of determining whether an offence under regulation 3(1) (offence: supply of wet wipes containing plastic) has been committed,

  • “business” includes—

    1. (a)

      any trade or profession,

    2. (b)

      any activity carried on by a charity,

    3. (c)

      any activity carried on by a body of persons whether corporate or unincorporated,

    4. (d)

      the provision of services by or on behalf of Scottish Ministers under the National Health Service (Scotland) Act 1978f1,

  • “charity” means anything which is a charity within the meaning of—

    1. (a)

      section 106 of the Charities and Trustee Investment (Scotland) Act 2005f2,

    2. (b)

      section 1(1) of the Charities Act 2011f3,

    3. (c)

      section 1(1) of the Charities Act (Northern Ireland) 2008f4,

    4. (d)

      section 202 of the Corporation Tax Act 2010f5,

  • “end user” means any person to whom wet wipes containing plastic are offered for supply or supplied, other than a person to whom they are offered for supply or supplied for the purposes of—

    1. (a)

      supplying them, in the course of a business, to another person, or

    2. (b)

      a manufacturing process,

  • “enforcement officer” means a person authorised under regulation 10 (enforcement),

  • “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence under regulation 3 by payment of a fixed penalty,

  • “local authority” means a council constituted under section 2 (constitution of councils) of the Local Government etc. (Scotland) Act 1994f6,

  • “plastic” means a material consisting of polymer as defined in Article 3(5) (definitions) of Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)f7, 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,

  • “supply” means supply, whether by sale or not, and cognate expressions are to be construed accordingly,

  • “wet wipe” means a non-woven piece of fabric which has been pre-wetted and which is not designed or intended to be re-used.

Annotations

Footnotes

f1

1978 c. 29. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

f2

2005 asp 10, to which there are no amendments relevant to these Regulations.

f3

2011 c. 25.

f4

2008 c. 12.

f5

2010 c. 4. Section 202 has been amended by paragraph 27(2) of schedule 6 of the Finance Act 2010 (c. 13), section 35(5) of the Finance Act 2014 (c..26) and S.I 2021/964.

f6

1994 c. 39. Section 2 was amended by paragraph 232(1) of schedule 22 of the Environment Act 1995 (c. 25).

f7

EUR 1907/2006, to which there are no amendments relevant to these Regulations.