London Local Authorities (Shopping Bags) Bill
 

A

BILL

To introduce in London a prohibition on the supply of certain bags by retailers, to confer powers upon local authorities in London to enforce the prohibition; and for related purposes.

WHEREAS—

(1)It is expedient that retailers should be prohibited from supplying certain kinds of shopping bags to a customer:
(2)It is expedient that the other provisions contained in this Act should be enacted:
(3)The objects of this Act cannot be attained without the authority of Parliament:
(4)In relation to the promotion of the Bill for this Act the Westminster City Council have complied with the requirements of section 239 of the Local Government Act 1972 (c. 70) and the other London borough councils to whom it applies have complied with the requirements of section 87 of the Local Government Act 1985 (c. 51):
(5)In relation to the promotion of the Bill the London borough councils have acted through their representation in the London Councils, a statutory joint committee whose membership is made up from members of all the London borough councils:

May it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1

Preliminary

1Citation, commencement and extent
(1)This Act may be cited as the London Local Authorities (Shopping Bags) Act 2008.
(2)This Act, except this Part, shall come into operation in the area of a borough council on the appointed day.
(3)This Act shall not apply in the London borough of Hounslow.

2General interpretation

In this Act—

"authorised officer" has the meaning given by section 7;

"borough council" means London borough council (except Hounslow London Borough Council) and includes the Common Council of the City of London in its capacity as a local authority and "borough" and "council" shall be construed accordingly;

"the Code of Practice" means a code of practice relating to the administration and enforcement of this Act published by London Councils;

"customer" includes a person to whom goods are sold or supplied (whether or not for consideration) in the course of business;

"London Councils" means the body known by that name (and formerly as the Association of London Government) and established in April 2000 as a joint committee by all the London borough councils and the Corporation of the City of London;

"non-exempt shopping bag" means a shopping bag other than one exempted from the shopping bag prohibition by section 5(1);

"shopping bag" means a bag supplied by a retailer and which has the primary purpose of carrying items purchased from that retailer on the occasion on which the bag is so supplied;

"the shopping bag prohibition" means the prohibition under section 4(1).

3Appointed day
(1)For the purposes of section 1(2), "the appointed day" means such day as may be fixed in relation to the borough councils by resolution of London Councils, subject to and in accordance with the provisions of this section.
(2)Different days may be fixed under this section for the purpose of the application of different provisions of this Act to an area of borough council.
(3)No day shall be appointed under this section in relation to section 4(1) until the Code of Practice has been published;
(4)London Councils shall cause to be published in a local newspaper circulating in Greater London and in the London Gazette notice—
(a)of the passing of any resolution under subsection (1) and of a day fixed by them; and
(b)of the general effect of the provisions of this Act coming into operation on that day,

and the day so fixed shall not be earlier than the expiration of one month from the publication of the notice in the London Gazette.

(5)A document certified by the officer appointed for that purpose by a borough council to be a true reproduction of a page or part of a page of any such newspaper or London Gazette—
(a)bearing the date of its publication; and
(b) containing any such notice,

shall be evidence of the publication of the notice and of the date of publication.

PART 2

The Prohibition

4The shopping bag prohibition
(1)There is a prohibition on retailers supplying or permitting or causing another person to supply shopping bags to their customers.
(2)The prohibition does not apply in respect of exempt shopping bags.
(3)In subsection (1), "supplying" means supplying, whether or not for consideration.

5Exempt shopping bags
(1)The following bags are "exempt shopping bags" for the purposes of this Act—
(a)small bags used to contain any unpackaged food for human or animal consumption;
(b)bags used for packaging any goods and sealed before the goods are offered for retail sale or supply;
(c)bags sold in the ordinary course of trade for use by the customer away from the premises at which they are sold;
(d)bags provided to the customer for the transmission of goods to the retailer;
(e)bags designed to be used for the disposal of waste;
(f)bags used to contain goods sold on board a ship, aircraft, train or bus used for carrying passengers.
(2)In subsection (1)(a), a "small bag" means one which, when measured flat with any gussets opened, is not larger than 300mm by 300mm.
(3)London Councils may by resolution—
(a)add or remove any category of bag from the list of exempt bags in subsection (1); or
(b)reduce the dimensions referred to in subsection (2).
(4)London Councils shall cause to be published in a local newspaper circulating in Greater London and in the London Gazette notice of the passing of a resolution under subsection (3) and its effect.
(5)A document certified by the officer appointed for that purpose by the borough council to be a true reproduction of a page or part of a page of any such newspaper or London Gazette—
(a)bearing the date of its publication; and
(b)containing any such notice,

shall be evidence of the publication of the notice and of the date of publication.

PART 3

Enforcement

6 Penalty charges for not complying with prohibition
(1)This section is a penalty charge provision for the purposes of section 61 of the London Local Authorities Act 2007 (c. ii) (penalty charges).
(2)A penalty charge is payable for the purposes of the said section 61 by a retailer if that retailer supplies a shopping bag in contravention of the prohibition in section 4 or permits or causes such a bag to be supplied in contravention of that prohibition.
(3)A penalty charge is payable to a borough council for the purposes of the said section 61 by the retailer who supplied the shopping bag in question or who permitted or caused it to be supplied, as the case may be.
(4)The retailer mentioned in subsection (3) is the appropriate recipient for the purposes of the said section 61.
(5)For the purposes of section 62(1) of the said Act of 2007 (representations and appeals) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this section are—
(a)that the recipient was not the person who supplied the shopping bag in question or caused it to be supplied, as the case may be;
(b)that no shopping bag was supplied or caused to be supplied in contravention of the prohibition;
(c)that the penalty charge exceeded the amount applicable in the circumstances of the case.
(6)Where the ground mentioned in subsection (5)(a) is relied on in any representations made under the said section 62(1), those representations must include a statement of the name and address of the person who supplied the shopping bag in question, or caused it to be supplied, as the case may be (if that information is in the recipient's possession).

7Authorised officers
(1)A borough council may authorise in writing such persons as it considers necessary or expedient to exercise powers under this Act.
(2)A person so authorised is referred to in this Act as an "authorised officer".
(3)The Schedule has effect.

8Offence of obstructing authorised officers
(1)A person who wilfully delays or obstructs an authorised officer in the exercise of a power under this Act is guilty of an offence.
(2)A person who wilfully fails to comply with the requirements of an authorised officer under paragraph 1(a) or (b) of the Schedule is guilty of an offence.
(3)A person who, in providing information lawfully required by a borough council or an authorised officer under this Act, commits an offence if he—
(a)makes any statement which he knows is false in a material particular;
(b)recklessly makes a statement which is false in a material particular.
(4)A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

9Liability of directors, etc.
(1)Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence.
(2)Where the affairs of the body corporate are managed by its members, subsection (1) shall apply to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

 
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Prepared 1 December 2007