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Legislation
Finance Act 2021

Crossheading Interpretation of main terms etc

  • Section 47 Chargeable plastic packaging components
  • Section 48 Meaning of “plastic packaging component”
  • Section 49 Meaning of “plastic” , “recycled plastic” and “attributed recycled plastic”
  • Section 49A Meaning of “chemical recycling certification scheme”
  • Section 49B Chemical recycling certification schemes: further conditions
  • Section 50 Time of importation
  1. Interpretation of main terms etc
  2. Meaning of “plastic” , “recycled plastic” and “attributed recycled plastic”

Section 49 | Meaning of “plastic” , “recycled plastic” and “attributed recycled plastic”

From legislation.gov.uk

(1)“Plastic” means a material consisting of a polymer, other than a cellulose-based polymer that has not been chemically modified, to which additives or other substances may have been added.

(2)“Recycled plastic” is plastic that has been reprocessed from recovered material by means of a chemical or manufacturing process, other than organic recycling, so that it can be used either for its original purpose or for other purposes.

(2A)“Attributed recycled plastic” is plastic to which recovered material has been attributed in accordance with a chemical recycling certification scheme.

(3)“Organic recycling” means the aerobic or anaerobic treatment, under controlled conditions and using micro-organisms, of biodegradable matter, which produces stabilised organic residues or methane.

(4)“Recovered material” is pre-consumer plastic or post-consumer plastic that—

(a)has been collected and recovered as a material input, in lieu of new primary material, for a recycling or a manufacturing process, and

(b)would otherwise have been disposed of as waste or used for energy recovery.

(5)“Pre-consumer plastic” is plastic that is—

(a)recovered from waste generated in a manufacturing process, and

(b)processed by a reprocessing facility,

but does not include plastic that is reused in the same process in which it was generated as scrap and from which it was recovered.

(6)“Post-consumer plastic” is plastic—

(a)that is generated by households or by commercial, industrial or institutional facilities in their role as end-users of the product, and

(b)that can no longer be used for its intended purpose.

This includes returns of plastic from the distribution chain.

(7)Plastic is not to be taken as recycled plastic unless it is shown that it is recycled plastic.

(7A)Plastic is not to be taken as attributed recycled plastic unless it is shown that it is attributed recycled plastic.

(8)The Treasury may by regulations amend the meaning of “plastic” and “recycled plastic” , “recycled plastic” and “attributed recycled plastic”.

(9)Regulations under subsection (8) may amend this Part.

(10)The Commissioners may by regulations make provision about the methodology to be used, or the information or evidence required, to satisfy them that plastic is recycled plastic or attributed recycled plastic.

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