Regulation 2 Interpretation
Northern Ireland
In these Regulations—
“the Administrator” means the Department of the Environment;
“the charge” means the full consideration received by a seller for F1carrier bags which attract the requirement to charge;
“consideration” includes any chargeable VAT;
“the Department” means the Department of the Environment;
“discretionary requirement” has the meaning given in paragraph 12(3) of Schedule 6 to the Climate Change Act 2008;
“enforcement costs recovery notice” has the meaning given in regulation 16(1);
“fixed monetary penalty” has the meaning given in paragraph 10(3) of Schedule 6 to the Climate Change Act 2008;
“functions” includes powers and duties;
“late payment penalty” means any increase in an amount payable—
- (a)
as a fixed monetary penalty, by virtue of paragraph 10 of Schedule 2;
- (b)
as a variable monetary penalty, by virtue of paragraph 9 of Schedule 3;
- (c)
as a non-compliance penalty, by virtue of paragraph 8 of Schedule 4;
- (a)
“net proceeds of the charge” means the proceeds of the charge less—
- (a)
any element of the charge in excess of F225 pence;
- (b)
any amount of chargeable VAT in respect of the 25 pence charge.
- (a)
“non-compliance penalty notice” has the meaning given in paragraph 5(4) of Schedule 4;
“non-monetary discretionary requirement” has the meaning given in paragraph 12(4) of Schedule 6 to the Climate Change Act 2008;
“publicity notice” has the meaning given in paragraph 19(2) of Schedule 6 to the Climate Change Act 2008;
“record” means the information specified in regulation 9(3);
“reporting year” means—
- (a)
the period starting on the date on which these Regulations come into operation and ending on 5 April 2014;
- (b)
thereafter, the period commencing 6 April in one year and ending on 5 April the following year; the first such period to commence 6 April 2014;
- (a)
“specified sum” has the meaning given in paragraph 4(2) of Schedule 2;
“variable monetary penalty” has the meaning given by paragraph 12(4) of Schedule 6 to the Climate Change Act 2008;
“VAT” has the meaning given in section 96 of the Value Added Tax Act 1994 M1.
References to—
a notice of intent in relation to a fixed monetary penalty, are references to a notice of intent served under paragraph 3(1) of Schedule 2;
a final notice in relation to a fixed monetary penalty, are references to a final notice served under paragraph 6(5) of Schedule 2;
a notice of intent in relation to a discretionary requirement, are references to a notice of intent served under paragraph 3(1) of Schedule 3;
a final notice in relation to a discretionary requirement, are references to a final notice served under paragraph 5(6) of Schedule 3;
a notice of intent in relation to a non-compliance penalty, are references to a notice of intent served under paragraph 3(1) of Schedule 4.
References to carrier bags which attract the requirement to charge are references to those carrier bags to which regulation 6 applies.
Annotations
Textual amendments
- F1
Words in Regulations (excl. regs. 1(1), 3) substituted (19.1.2015) by Carrier Bags Act (Northern Ireland) 2014 (c. 7), s. 9(3)(b) (6) (with s. 9(7))
- F2
Word in reg. 2(1) substituted (1.4.2022) by The Single Use Carrier Bags Charge (Amendment and Revocation) Regulations (Northern Ireland) 2022 (S.R. 2022/33), regs. 1, 3
Marginal citations
- M1
1994 c. 23; there are amendments to section 96 which are not relevant to these Regulations.