Single-Use
Plastics etc. (Restrictions) (Jersey) Law 2021
A LAW to prohibit the supply and
importation of certain single-use plastic items and to set a price for the
supply of reusable carrier bags, and for connected purposes.
Commencement [see
endnotes]
1 Interpretation
(1) In
this Law –
“Agent of the Impôts” is
to be construed in accordance with Article 4 of the Customs and Excise
(Jersey) Law 1999;
“authorised officer” means
a person authorised, by the Minister, the Agent of the Impôts or the Chief
Inspector, to carry out the functions of an authorised officer under this Law;
“Chief Inspector” is to be
construed in accordance with Article 2 of the Weights and Measures
(Jersey) Law 1967;
“commercial activity”
includes an operation for charitable purposes;
“gsm” means grammes per
square metre;
“import” has the same
meaning as given by Article 1(1) of the Customs and Excise
(Jersey) Law 1999;
“micron” means one
thousandth (0.001) of a millimetre;
“Minister” means the
Minister for Infrastructure;
“prohibited item” means an
item of which the supply or importation is prohibited or restricted under this
Law;
“supply” means doing any
of the following acts in the course of a commercial activity –
(a) selling, hiring out or
lending an item;
(b) entering into a hire
purchase agreement to furnish an item;
(c) providing an item in
exchange for anything of value other than money;
(d) providing an item in, or
in connection with, the performance of a statutory function; or
(e) giving an item as a prize
or otherwise making a gift of an item,
and also includes any
offer, agreement, exposure or possession of an item for the purposes of supply;
“trader” means a person
acting for purposes relating to that person’s commercial activity, whether
acting in person or through another person acting in the trader’s name or on
the trader’s behalf.
(2) For
the purposes of this Law an item is made of recyclable material if the item consists,
in a recyclable form, only of material of a specified description and does not
consist of, or contain, any additional material which cannot be recycled.
2 Prohibition on supply
of single-use items
(1) Where
this Article applies, a trader must not supply an item of a type and
description specified in the table in paragraph 1 of the Schedule.
(2) This
Article applies in relation to any supply which takes place before, during or
after a transaction, and disregarding –
(a) whether the transaction
takes place in person, or electronically; and
(b) whether a charge is, or
is not, made for or in relation to the supply of the item in question.
(3) In relation to
carrier bags the Minister may, in guidance under Article 14, suspend or
disapply this Article in relation to all or any of the following –
(a) specified types and
descriptions of such bags;
(b) stocks of such bags existing in Jersey before the commencement
of this provision;
(c) the supply of such bags
in specified circumstances or for specified purposes.
(4) Where
the Minister, the Chief Inspector or an authorised officer reasonably suspects
that a trader is acting in breach of paragraph (1), an authorised officer may
by notice request the trader to stop supplying items of the type and
description specified in the notice.
(5) Before
serving a notice under paragraph (4), an authorised officer must give, to
the person on whom the notice is to be served, a reasonable opportunity to make
representations or to comply with the request in the notice on a voluntary basis,
unless in all the circumstances it is not expedient to give such an
opportunity.
(6) A
notice under paragraph (4) –
(a) must contain, in addition
to the request mentioned in that paragraph and details of the alleged breach, the
following information, namely –
(i) the type of item supplied, and where
necessary a description of the item sufficient to identify it,
(ii) a statement that an
appeal may be made against the notice in accordance with Article 9, and
(iii) such other information as
the Minister may reasonably consider necessary; and
(b) must be given in writing
or by means of electronic communication, and be delivered to the registered or
administrative office of the person in question or, if the address of that
office cannot be ascertained, may be given to a person having control or
management of the place in which the supply of the item took place.
(7) A
person who intentionally and without reasonable excuse fails to comply with a
notice under paragraph (4) commits an offence and is liable to a fine of
level 2 on the standard scale.
3 Price of certain restricted items
(1) A trader must not supply, to any person, an
item of a type and description specified in the first column of the table
in paragraph 2 of the Schedule, except for a price at or above the amount specified
in relation to that item in the second column of that table.
(2) Where the Minister, the Chief Inspector or
an authorised officer reasonably suspects that a trader is acting in breach of
paragraph (1), an authorised officer may by notice request the trader to
stop supplying items of the type and description specified in the notice.
(3) A notice under paragraph (2) –
(a) must contain, in addition
to the request mentioned in that paragraph and details of the alleged breach,
the following information, namely –
(i) the type of item supplied, and where
necessary a description of the item sufficient to identify it,
(ii) a statement that an
appeal may be made against the notice in accordance with Article 9, and
(iii) such other information as
the Minister may reasonably consider necessary; and
(b) must be given in writing
or by means of electronic communication, and be delivered to the registered or
administrative office of the person in question or, if the address of that
office cannot be ascertained, may be given to a person having control or
management of the place in which the supply of the item took place.
(4) Before serving a notice under paragraph (2),
an authorised officer must give, to the person on whom the notice is to be
served, a reasonable opportunity to make representations or to comply with the
request in the notice on a voluntary basis, unless in all the circumstances it
is not expedient to give such an opportunity.
(5) A person who intentionally and without
reasonable excuse fails to comply with a notice under paragraph (2) commits
an offence and is liable to a fine of level 2 on the standard scale.
(6) For the purposes of this Article and
paragraph 2 of the Schedule, “price” means the selling price as defined in
Regulation 1 of the Price Indicators (Jersey) Regulations 2008.
4 Importation of single-use items prohibited
(1) A trader must not import an item prohibited
under Article 2.
(2) Where the Agent of the Impôts, the Chief
Inspector, or an authorised officer reasonably suspects that a trader is acting
in breach of the prohibition in paragraph (1), the Agent, Chief Inspector
or officer may by notice request the trader to stop importing items of the type
and description specified in the notice.
(3) A notice under paragraph (2) –
(a) must contain, in addition
to the request mentioned in that paragraph and details of the alleged breach,
the following information, namely –
(i) the type of item imported, and where
necessary a description of the item sufficient to identify it,
(ii) a statement that an
appeal may be made against the notice in accordance with Article 9, and
(iii) such other information as
the Minister may reasonably consider necessary; and
(b) must be given in writing
or by means of electronic communication, and be delivered to the registered or
administrative office of the person in question or, if the address of that
office cannot be ascertained, may be given to a person having control or
management of the place in which the supply of the item took place.
(4) Before serving a notice under paragraph (2),
an authorised officer must give, to the person on whom the notice is to be
served, a reasonable opportunity to make representations or to comply with the
request in the notice on a voluntary basis, unless in all the circumstances it
is not expedient to give such an opportunity.
(5) A person who intentionally and without
reasonable excuse fails to comply with a notice under paragraph (2) commits
an offence and is liable to a fine of level 2 on the standard scale.
5 Powers of authorised officers
(1) An authorised officer may –
(a) enter
into an agreement to secure the provision of a product; or
(b) make a purchase of any
goods,
for the purpose of ascertaining
whether or not an offence under this Law is being or has been committed.
(2) In
paragraph (1), “product” and “goods” –
(a) may include, but are not limited to, prohibited
items; and
(b) have the same meanings as given by Article 1(1)
of the Consumer Protection (Unfair Practices) (Jersey) Law 2018, except that sub-paragraph (d) in the definition of
“product” in that provision does not apply for the purposes of this Law.
(3) An authorised officer may enter any premises, other than premises
used only as a private dwelling, at all reasonable hours, for the purpose of
ascertaining whether or not an offence under this Law is being or has been committed.
(4) If required to do so, an authorised officer
exercising the power conferred by paragraph (3) must produce evidence of their
authority.
(5) The power conferred by paragraph (3)
includes –
(a) power to inspect any
item; and
(b) the same powers of seizure,
access and copying, and retention, as are conferred on a police officer by
Articles 21 to 24 (except Article 24(3)) of the Police Procedures and Criminal Evidence (Jersey)
Law 2003, and in the application of those provisions for the purposes of
this Law –
(i) for a reference to a police officer, there
is substituted a reference to an authorised officer,
(ii) for the references in
Article 23(3) to the Force or the Honorary Police, there are substituted
references to the Chief Inspector, and
(iii) for the reference in
Article 24(5) to the police, there is substituted a reference to the Chief
Inspector.
(6) A person who intentionally obstructs an
authorised officer acting in execution of powers conferred by this Article commits
an offence and is liable to a fine of level 3 on the standard scale.
6 Power to disclose information
(1) This Article applies to the Agent of the
Impôts, the Chief Inspector and the Minister.
(2) Each person to whom this Article applies
may, for the purpose of facilitating the exercise of a function under this Law
by any other such person, authorise disclosure to one or more of those persons of
any information obtained in relation to the importation or suspected importation
of prohibited items.
(3) The information may be disclosed –
(a) in such manner as the
person authorising the disclosure may direct; and
(b) whether or not the
disclosure is requested by or on behalf of the person to whom the disclosure is
made.
7 Defence of due diligence
(1) In any proceedings against a trader for an
offence under Article 2, 3 or 4, it is a defence for the trader to
prove –
(a) that the commission of
the offence was due to one of the following matters, namely –
(i) a mistake,
(ii) reliance on information
supplied to the trader by another person,
(iii) the act or default of
another person, not being a person under the trader’s direction or control,
(iv) an accident, or
(v) another cause beyond the trader’s control;
and
(b) that the trader took all
reasonable precautions and exercised all due diligence to avoid the commission
of such an offence, including by any person under the trader’s direction or
control.
(2) A trader may not seek to rely on the
defence provided by paragraph (1) by reason of a matter in either
sub-paragraph (a)(ii) or (iii) without leave of the court to do so,
unless –
(a) the trader has served on
the Attorney General a notice in writing giving all such information
identifying the other person concerned or assisting in the identification as
was in the trader’s possession; and
(b) that notice is served no
later than 7 clear days before the date of the hearing.
8 Forfeiture
(1) The Minister may apply to the Royal Court
for an order for the forfeiture of any items on the grounds that there has been
a contravention of a prohibition or restriction in this Law in respect of those
items.
(2) The Minister must serve a copy of the
application on any person appearing to the Minister to be the owner of, or
otherwise to have an interest in, the items, together with a notice advising
the person of his or her rights under paragraph (3).
(3) Any person on whom notice is served under
paragraph (2) and any other person claiming to be the owner of, or
otherwise to have an interest in, the items is entitled to appear at the
hearing of the application and make representation as to why the items should
not be forfeited.
(4) The Court may infer for the purposes of
this Article that there has been a contravention of a prohibition or
restriction in relation to any items if it is satisfied that any such provision
has been contravened in relation to items that are representative of those items,
whether by reason of being of the same design or part of the same consignment
or batch or otherwise.
(5) Where it is satisfied that there has been a
contravention of a prohibition or restriction in this Law, the Court must order
the items in question to be forfeited.
(6) If any items are forfeited under this
Article, the Court must order their destruction or disposal in accordance with
any directions it may give, including by releasing them to such person and upon
such terms as the Court may specify.
9 Appeals
(1) A person on whom a notice is served under
Article 2, 3 or 4, and any person having an interest in the items in
respect of which the notice is served, may appeal to the Royal Court within one month
of service of the notice on the grounds that service of the notice on that
person, or any requirement in the notice, was unreasonable.
(2) Where an appeal is made under this Article
the Royal Court may direct that the notice that is the subject of the appeal
ceases to have effect until the appeal is determined.
(3) On hearing the appeal the Royal Court
may –
(a) uphold, dismiss or vary
the notice; and
(b) make such order as to the
costs of the appeal as it thinks fit.
(4) Rules of Court under the Royal Court (Jersey) Law 1948 may make further provision
as to the conduct of an appeal under this Article.
10 Orders to enforce this Law
(1) The Attorney General may apply to the Royal
Court for an injunction (including an interim injunction) or other order,
against any person who appears to the Attorney General to be responsible for a
contravention of a prohibition or restriction in this Law.
(2) The Royal Court, on an application under
this Article, may grant an injunction or other order, on such terms as it
thinks fit, to secure compliance with this Law.
11 Undertakings
(1) This Article applies where it appears to
the Chief Inspector that a person has engaged, is engaging or is likely to
engage in conduct which would, if proved, constitute an offence under this Law.
(2) Where this Article applies, the Chief
Inspector may accept an undertaking from the person that the person will not,
as the case may require –
(a) continue or repeat the
conduct;
(b) engage in such conduct in
the course of the person’s business or another business; or
(c) consent to or connive in
the carrying out of such conduct by a body corporate with which the person is
connected.
(3) Having accepted an undertaking under this
Article, the Chief Inspector –
(a) may notify the Attorney
General of the terms of the undertaking and the identity of the person who gave
it; and
(b) may accept a further
undertaking from the person to publish the undertaking, or may arrange for
publication in accordance with Article 12.
(4) A person is “connected” with a body
corporate for the purposes of paragraph (2) if the person is –
(a) a director, manager,
secretary or other similar officer of the body corporate or a person purporting
to act in such a capacity; or
(b) a person who is an
associate of the body corporate or has a controlling interest in the body
corporate.
12 Publication of
undertakings, etc.
(1) The Chief Inspector may arrange for the
publication, in such form and manner as he or she considers appropriate, of
details of –
(a) an undertaking given to
that officer by or on behalf of any person as to compliance with this Law;
(b) an application made by
the Attorney General for an injunction or other order for the purposes of
enforcing this Law; and
(c) an undertaking given to,
or injunction or other order made by, the Royal Court in proceedings on such an
application.
(2) The Chief Inspector may arrange for the
dissemination, in such form and manner as he or she thinks fit, of information
and advice concerning the operation of this Law.
13 Liability of officers
etc.
(1) Where an offence committed by an entity
listed in paragraph (2) is proved to have been committed with the consent
or connivance of any person specified in the case of that entity in paragraph (3),
the person specified is also guilty of the offence and liable in the same
manner as the entity to the penalty provided for that offence.
(2) The entities mentioned in
paragraph (1) are –
(a) a limited liability
partnership;
(b) a separate limited partnership;
(c) an incorporated limited
partnership or other body corporate.
(3) The persons to whom liability for an
offence may attach in accordance with paragraph (1) are –
(a) in the case of a limited
liability partnership, a person who is a partner of the partnership;
(b) in the case of a separate
limited partnership or an incorporated limited partnership –
(i) a general partner, or
(ii) a limited partner who is
participating in the management of the partnership;
(c) in the case of a body
corporate other than an incorporated limited partnership, a director, manager,
secretary or other similar officer of the body corporate; or
(d) any person purporting to
act in any capacity described in sub-paragraphs (a) to (c).
(4) Where the affairs of a body corporate are
managed by its members, paragraphs (1) to (3) apply in relation to acts
and defaults of a member in connection with the member’s functions of
management as if the member were a director of the body corporate.
14 Guidance
(1) The Minister may issue guidance as to the
application of this Law, and in particular as to the type or technical
specification of carrier bags or other items to which this Law does not apply.
(2) The Minister must publish any guidance
issued under this Article, by such means as the Minister reasonably considers
will draw the guidance to the attention of those who may be affected by this
Law.
15 Regulations and Orders
(1) The States may by Regulations amend the
Schedule.
(2) Regulations under paragraph (1) may
make all such consequential, incidental or supplementary provision, including
provision –
(a) extending the categories
of single-use plastic items to which this Law applies; and
(b) amending any enactment (other
than the Human Rights (Jersey) Law 2000),
as may reasonably be considered necessary to give full effect to an
amendment made by the Regulations.
(3) The Minister may by Order amend the price specified
in relation to any item in the table in paragraph 2 of the Schedule.
16 Citation and commencement
This Law may be cited as the Single-Use
Plastics etc. (Restrictions) (Jersey) Law 2021 and comes into force –
(a) if the day on which this
Law is registered falls before the end of the period of 12 months beginning
with the day on which this Law is adopted by the States, immediately after the
end of that period; or
(b) if the day on which this
Law is registered falls after the end of the period mentioned in sub-paragraph
(a), 7 days after that day.