UKwsi/2023/1149Enacted

The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023 (Commencement No. 1) Order 2023

Jurisdiction:: United Kingdom
Type:: Chemical Restriction · Labeling
Last action:: Jan 1, 2023

Plastic Packaging

Next steps for producers

Confirm your obligations with GOV.UK — Extended producer responsibility for packaging and track its implementing rules

Applies toAny person who supplies prohibited single-use plastic products (as per section 5 of the Act)

Obligations under this law

·Do not supply prohibited single-use plastic products listed in the Schedule (as brought into force on 30 October 2023), subject to exclusions for lids for cups or takeaway food containers, carrier bags, and oxo-degradable plastic products which are not yet in force

GOV.UK — Extended producer responsibility for packaging →

No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Commencement order enacting single-use plastic product prohibitions (sections 1–2, 5–20) and enforcement powers in Wales, advancing circular economy by restricting problematic plastic products and oxo-degradable plastics; enacted 30 October 2023.

Covered Products

·Single-use plastic products as defined under section 1 of the Environmental Protection (Single-use Plastic Products) (Wales) Act 2023, specifically those listed in paragraph 1 of the Schedule (prohibited single-use plastic products), excluding at this stage: lids for cups or takeaway food containers, carrier bags, and any product made of oxo-degradable plastic

Producer Obligations

·Do not supply prohibited single-use plastic products listed in the Schedule (as brought into force on 30 October 2023), subject to exclusions for lids for cups or takeaway food containers, carrier bags, and oxo-degradable plastic products which are not yet in force

Exemptions

·Lids for cups or takeaway food containers: Schedule paragraph 1 entries not yet commenced
·Carrier bags: Schedule paragraph 1 entries not yet commenced
·Any product made of oxo-degradable plastic: Schedule paragraph 1 entries not yet commenced

Key Deadlines

Oct 30, 2023compliance: Prohibition on supplying specified single-use plastic products comes into force; offence of supplying prohibited single-use plastic products is active from this date

Producer Definition

Any person who supplies prohibited single-use plastic products (as per section 5 of the Act)

Enforcement

Local authorities (section 7); enforcement officers with powers of entry, inspection, and test purchases: Criminal offence under section 5 (supplying prohibited single-use plastic product); mode of trial and penalty governed by section 6; obstruction of officers is a separate offence under section 14; criminal liability extends to senior officers of organisations (section 19) and to partnerships and unincorporated associations (section 18)

Preemption Notes

Wales-specific legislation (Act of Senedd Cymru); applies in Wales only. Does not preempt other UK nations' legislation but operates in parallel with any equivalent England, Scotland, or Northern Ireland measures.

Compliance Dimensions

PenaltiesPenalties for non-compliance

“section 5 (offence of supplying prohibited single-use plastic product); section 6 (offence: mode of trial and penalty);”

Bans & RestrictionsSingle-use plastic products listed in the Schedule (excluding lids for cups or takeaway food containers, carrier bags, and oxo-degradable plastic products at this stage) (Sales Ban), 2023

“section 2 (prohibited single-use plastic products); paragraph 1 of the Schedule (prohibited single-use plastic products) save for the entries in column 1 and column 2 of the Table for "lids for cups or takeaway food containers", "carrier bags" and "any product made of oxo-degradable plastic, whether or not— (a) that product appears elsewhere in this table, and (b) the particular type of the product, or the purpose for which that product (or particular type of product) is supplied, would otherwise be exempted by way of an entry in column 2."”

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Full bill text

Title and coming into force

1

The title of this Order is the Environmental Protection (Single-use Plastic Products) (Wales) Act 2023 (Commencement No. 1) Order 2023 and it comes into force on 30 October 2023.

Provisions coming into force on 30 October 2023

2

The following provisions of the Environmental Protection (Single-use Plastic Products) (Wales) Act 2023 come into force on 30 October 2023—

a

section 1 (key concepts: “plastic product”, “single-use” and “plastic”);

b

section 2 (prohibited single-use plastic products);

c

section 5 (offence of supplying prohibited single-use plastic product);

d

section 6 (offence: mode of trial and penalty);

e

section 7 (enforcement action by local authorities);

f

section 8 (power to make test purchases);

g

section 9 (power of entry);

h

section 10 (power of entry: residential premises);

i

section 11 (power of entry: other circumstances requiring warrant);

j

section 12 (powers of entry: supplementary);

k

section 13 (power of inspection);

l

section 14 (offence of obstruction etc. of officers);

m

section 15 (retained property: appeals);

n

section 16 (appropriated property: compensation);

o

section 18 (offences committed by partnerships and other unincorporated associations);

p

section 19 (criminal liability of senior officers etc.);

q

section 20 (interpretation);

r

paragraph 1 of the Schedule (prohibited single-use plastic products) save for the entries in column 1 and column 2 of the Table for “lids for cups or takeaway food containers”, “carrier bags” and “any product made of oxo-degradable plastic, whether or not— (a) that product appears elsewhere in this table, and (b) the particular type of the product, or the purpose for which that product (or particular type of product) is supplied, would otherwise be exempted by way of an entry in column 2.”;

s

paragraph 2 of the Schedule.

Julie James
Minister for Climate Change, one of the Welsh Ministers

26 October 2023

EXPLANATORY NOTE

(This note is not part of the Order)

The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023 (asc 2) (“ the Act ”) received Royal Assent on 6 June 2023.

This Order is made by the Welsh Ministers and brings the following provisions of the Act into force on 30 October 2023—

a

section 1 (key concepts: “plastic product”, “single-use” and “plastic”);

b

section 2 (prohibited single-use plastic products);

c

section 5 (offence of supplying prohibited single-use plastic product);

d

section 6 (offence: mode of trial and penalty);

e

section 7 (enforcement action by local authorities);

f

section 8 (power to make test purchases);

g

section 9 (power of entry);

h

section 10 (power of entry: residential premises);

i

section 11 (power of entry: other circumstances requiring warrant);

j

section 12 (powers of entry: supplementary);

k

section 13 (power of inspection);

l

section 14 (offence of obstruction etc. of officers);

m

section 15 (retained property: appeals);

n

section 16 (appropriated property: compensation);

o

section 18 (offences committed by partnerships and other unincorporated associations);

p

section 19 (criminal liability of senior officers etc.);

q

section 20 (interpretation);

r

paragraph 1 of the Schedule (prohibited single-use plastic products), save for the entries in column 1 and column 2 of the Table for “lids for cups or takeaway food containers”, “carrier bags” and “any product made of oxo-degradable plastic, whether or not— (a) that product appears elsewhere in this table, and (b) the particular type of the product, or the purpose for which that product (or particular type of product) is supplied, would otherwise be exempted by way of an entry in column 2.”;

s

paragraph 2 of the Schedule.

2023 asc 2 .

Full text as ingested. Verify against the official source above.