The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023
| Jurisdiction | Wales |
| Citation | 2023 asc 2 |
The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023
2023 asc 2
An Act of Senedd Cymru to prohibit supply of certain single-use plastic products, to enable supply of additional single-use plastic products to be prohibited, and for connected purposes.
[06 June 2023]
Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follows:
Prohibition on the supply of certain single-use plastic products
1 Key concepts: “plastic product”, “single-use” and “plastic”
(1) This section defines certain key concepts for the purposes of this Act.
(2) A “plastic product” is a product—
(a)
(a) of which all or any of the main structural components are made wholly or partly of plastic, or
(b)
(b) that has a lining or coating made wholly or partly of plastic.
(3) “”, in relation to a plastic product, means a product that is not designed or manufactured to be used for the purpose for which it was designed or manufactured more than once (or on more than one occasion) before being disposed of.
(4) “” means a material consisting of a polymer, other than an adhesive, paint or ink, and includes a material consisting of a polymer that has other substances added to it.
(5) In subsection (4), the reference to “polymer”—
(a)
(a) means a polymer that can function as the main structural component of a product;
(b)
(b) does not include a natural polymer that has not been chemically modified.
(6) For the purposes of subsection (3), a carrier bag is deemed to have been designed to be used to carry goods more than once before being disposed of unless it is made of plastic film no greater than 49 microns in thickness (in which case it is considered to be a plastic product that is single-use).
2 Prohibited single-use plastic products
(1) For the purposes of this Act, a single-use plastic product is prohibited if—
(a)
(a) it is a product that is listed in column 1 of the Table in paragraph 1 of the Schedule, and
(b)
(b) no exemption in a corresponding entry in column 2 of that Table applies in respect of that product.
(2) A product that falls within subsection (1) is referred to in this Act as a “prohibited single-use plastic product”.
(3) The Welsh Ministers must prepare and publish guidance about—
(a)
(a) the single-use plastic products that are prohibited under this Act;
(b)
(b) the application of any exemptions listed in column 2 of the Table in paragraph 1 of the Schedule.
3 Prohibited single-use plastic products: power to amend
(1) The Welsh Ministers may by regulations amend the Schedule—
(a)
(a) to add a product to, or remove a product from, column 1 of the Table in paragraph 1;
(b)
(b) to add an exemption to, or remove an exemption from, column 2 of the Table in paragraph 1, or to amend an exemption in that column;
(c)
(c) to add a definition to, or remove a definition from, paragraph 2, or to amend a definition in that paragraph.
(2) Before making regulations under this section the Welsh Ministers must consult—
(a)
(a) local authorities;
(b)
(b) the Natural Resources Body for Wales and any other person that the Welsh Ministers consider to be concerned with promoting the protection of the environment in Wales;
(c)
(c) such persons as the Welsh Ministers consider represent the interests of producers or suppliers of single-use plastic products in Wales;
(d)
(d) such persons as the Welsh Ministers consider represent the interests of people who have a protected characteristic within the meaning given in section 4 of the Equality Act 2010 (c. 15), and on whom the regulations may have a particular impact for that reason;
(e)
(e) such other persons as the Welsh Ministers consider appropriate.
4 Power to amend: duties relating to sustainable development and reporting
(1) In considering whether to exercise the power in section 3, the Welsh Ministers must take into account their duty—
(a)
(a) to promote sustainable development under section 79(1) of the Government of Wales Act 2006 (c. 32), and
(b)
(b) to carry out sustainable development under the Well-being of Future Generations (Wales) Act 2015 (anaw 2).
(2) In the report they are required to publish under section 79(2) of the Government of Wales Act 2006, the Welsh Ministers must set out information about their consideration of whether to exercise the power in section 3 including but not limited to their consideration of whether to—
(a)
(a) add wet wipes and sauce sachets to column 1 of the Table in paragraph 1 of the Schedule;
(b)
(b) remove an exemption from, or amend an exemption in, column 2 of the Table in paragraph 1 of the Schedule in respect of cups, takeaway food containers and lids for these products that are not made of polystyrene.
Offence
5 Offence of supplying prohibited single-use plastic product
(1) A person of a description referred to in subsection (2) (“”) commits an offence if that person—
(a)
(a) supplies (as to which see subsection (3)) a prohibited single-use plastic product to a consumer who is in Wales, and this includes arranging for the delivery of the product to a consumer at an address in Wales;
(b)
(b) offers on premises in Wales (as to which see subsection (4)) to supply a prohibited single-use plastic product to a consumer.
(2) The descriptions of person that may commit an offence under this section are—
(a)
(a) a body corporate (including a body exercising any function of a public nature);
(b)
(b) a partnership;
(c)
(c) an unincorporated association;
(d)
(d) a person acting as a sole trader.
(3) P supplies a prohibited single-use plastic product if P, or any person accountable to P—
(a)
(a) sells the product, or
(b)
(b) provides the product free of charge.
(4) P offers to supply a prohibited single-use plastic product if P, or any person accountable to P—
(a)
(a) displays the product on the premises, or
(b)
(b) otherwise keeps the product on the premises such that it is accessible by, or available to, a consumer at the premises.
(5) A person is accountable to P if—
(a)
(a) that person—
(i) is an employee of P,
(ii) has a contract for services with P,
(iii) is an agent of P, or
(iv) is otherwise subject to the management, control or oversight of P, and
(b)
(b) that person—
(i) is acting in the course of P’s business, trade or profession,
(ii) is acting in relation to the exercise by P of P’s functions,
(iii) is acting in relation to P’s objects or purposes, or
(iv) is otherwise acting under the management, control or oversight of P.
(6) Where P is shown to have arranged for a product to be delivered to a consumer at an address in Wales the product is taken to have been supplied by P to that consumer even if (for whatever reason)—
(a)
(a) the product was delivered to a different address, or
(b)
(b) the product was not delivered to any known address.
(7) In proceedings for an offence under subsection (1), it is a defence for P to show that P exercised all due diligence and took all reasonable precautions to avoid committing the offence.
(8) P is taken to have shown that P exercised all due diligence and took all reasonable precautions to avoid committing the offence if—
(a)
(a) sufficient evidence of this is adduced to raise an issue with respect to it, and
(b)
(b) the contrary is not proved beyond reasonable doubt.
(9) In proceedings for an offence under subsection (1), an allegation that a product was a single-use plastic product of a kind listed in column 1 of the Table in paragraph 1 of the Schedule will be accepted as proved in the absence of evidence to the contrary.
(10) Where two or more prohibited single-use plastic products are supplied, or offered for supply, together, for the purposes of subsection (1) this is to be treated as a single act of supply, or offering to supply, of a prohibited single-use plastic product.
(11) In this section, “” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business or profession (whether or not the individual purchased the product).
6 Offence: mode of trial and penalty
A person guilty of an offence under section 5 is liable on summary conviction to a fine.
Enforcement
7 Enforcement action by local authorities
(1) A local authority may—
(a)
(a) investigate complaints in respect of offences under section 5 alleged to have been committed in its area;
(b)
(b) bring prosecutions in respect of offences under section 5 committed in its area;
(c)
(c) take any other steps with a view to reducing the incidence of offences under section 5 in its area.
(2) References in this Act to an authorised officer of a local authority are to any person authorised by a local authority for the purposes of this Act.
8 Power to make test purchases
An authorised officer of a local authority may make such purchases and arrangements, and secure the provision of such services, as the officer considers necessary for the purpose of the exercise of the local authority’s functions under this Act.
9 Power of entry
(1) An authorised officer of a local authority may enter premises at any reasonable time if the officer—
(a)
(a) has reasonable grounds for believing that an offence under section 5 has been committed in the area of the local authority, and
(b)
(b) considers it necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed.
(2) This does not apply in relation to residential premises.
(3) An authorised officer of a local authority may not enter premises by force under this section.
(4) Before entering premises...
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