Commentary on Sections Section 2 – Regulations under Schedule 6 to the 2008 Act
Section 2 amends section 77(4) of the 2008 Act to require that any regulations made by the Department which increase the amount of the minimum charge for a carrier bag are subject to the Northern Ireland Assembly’s affirmative resolution procedure.
It also applies section 17(5) of the Interpretation Act (Northern Ireland) 1954(3) to a power to make regulations under Schedule 6 to the 2008 Act. This gives the Department greater discretion as to how it applies the carrier bag charging requirements. It would, for example, allow the Department, through regulations, to make different provision for different cases, or to provide for exclusions from the requirements of the regulations.