As mentioned in our Retail Risk Report for 2015, from 5 October 2015 a mandatory requirement will come into force for retailers to charge a minimum of 5p for most single-use plastic carrier bags.
As a reminder of what this will mean for businesses we have prepared a short Q&A summarising the key provisions below:
The obligation to charge for single-use plastic carrier bags will be mandatory for organisations who:
No, organisations will only have to charge for carrier bags which:
Yes, there will be no requirement to charge for bags that are provided for certain items including certain uncooked or unwrapped food products, prescription medicines and live aquatic creatures (an exhaustive list can be found within schedule 2 of the Single Use Carrier Bags Charges (England) Order 2015). However, if the bag is provided in order to contain other items as well which are not contained within the list of items for which bags can be provided for free, then the retailer must still charge for the carrier bag.
The 5p charging requirement will not apply to re-usable bags (often referred to as bags for life), however these must meet certain requirements with regards to thickness and must be sold for a minimum of 5p in any event. Re-usable bags must also be replaced free of charge if returned by a consumer.
There is currently no exception for biodegradable bags.
Yes, organisations will be required to keep a record of the number of bags that are supplied, what proceeds have been made from the charges (including details of any VAT paid) and how those proceeds have been spent. Organisations are also required to provide records of the 'reasonable costs' incurred in implementing the charges.
Records will be made open to the public by Defra and members of the public will also be permitted to request copies of an organisation's records.
According to the government guidance, once reasonable costs have been deducted from the proceeds the remainder is "expected" to go to "good causes". That said, The Single Use Carrier Bags Charges (England) Order 2015 does not impose a legal duty on organisations to spend the net proceeds in a particular way. It is anticipated that the proceeds will largely be used for environmental causes.
The charging requirement will be monitored by the relevant local authority in the area that the store is located. Local authorities will have the ability to fine organisations for non-compliance with the regulations and make this information publically available.
This publication is intended for general guidance and represents our understanding of the relevant law and practice as at October 2015. Specific advice should be sought for specific cases. For more information see our terms & conditions on www.TLTsolicitors.com