Commentary on Sections Part 3 – Charges for Carrier Bags
212.This Part gives the Welsh Ministers powers to make regulations about charges for carrier bags.
213.It repeals in relation to Wales section 77 of, and Schedule 6 to, the Climate Change Act 2008 (c.27) which conferred powers on the Welsh Ministers to make regulations about charges for carrier bags intended for single use. The Climate Change Act was amended by the Waste (Wales) Measure 2010 (nawm 8) which conferred further powers to make regulations about how the net proceeds from the sale of carrier bags must be applied. These powers were not exercised at that time as the preferred policy was to enlist the co-operation of the sellers by encouraging them to apply the net proceeds to good causes through a voluntary agreement.
214.The regulations made under these provisions that are in force at the time this Act receives Royal Assent are the Single Use Carrier Bags Charge (Wales) Regulations 2010 (as amended by the Single Use Carrier Bags Charge (Wales) (Amendment) Regulations 2011) (“the 2010 Regulations”).
215.Provisions in this Part generally confer the same regulation-making powers as the Climate Change Act 2008. The main changes are that:
	definitions of the key terms “carrier bag” and “seller of goods” are set out in the primary legislation rather than being left to regulations;
	the Welsh Ministers are under a duty to make regulations which impose a minimum charge;
	the charge may apply to any type of carrier bag specified in the regulations and not just to those intended for single use;
	sellers must be required to apply the net proceeds of sales of carrier bags to charitable purposes relating to environmental protection and improvement and which benefit Wales; an exception is provided for those sellers who wish to maintain their existing arrangements with non-environmental good causes;
	the regulations are in all cases subject to affirmative procedure.