Regulation 2 Interpretation
In these Regulations—
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“authorised purpose” means the purpose of determining whether an offence under regulation 3(1) (offence: supply of wet wipes containing plastic) has been committed,
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“business” includes—
- (a)
any trade or profession,
- (b)
any activity carried on by a charity,
- (c)
any activity carried on by a body of persons whether corporate or unincorporated,
- (d)
the provision of services by or on behalf of Scottish Ministers under the National Health Service (Scotland) Act 1978f1,
- (a)
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“charity” means anything which is a charity within the meaning of—
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“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—
- (a)
supplying them, in the course of a business, to another person, or
- (b)
a manufacturing process,
- (a)
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“enforcement officer” means a person authorised under regulation 10 (enforcement),
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“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,
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“local authority” means a council constituted under section 2 (constitution of councils) of the Local Government etc. (Scotland) Act 1994f6,
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“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,
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“supply” means supply, whether by sale or not, and cognate expressions are to be construed accordingly,
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“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
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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
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2005 asp 10, to which there are no amendments relevant to these Regulations.
- f3
- f4
- f5
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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
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1994 c. 39. Section 2 was amended by paragraph 232(1) of schedule 22 of the Environment Act 1995 (c. 25).
- f7
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EUR 1907/2006, to which there are no amendments relevant to these Regulations.