The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

Changes over time for: Section 14

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007, Section 14.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Application for registration of a schemeN.I.

14.—(1) An application for registration of a scheme in relation to a year shall be made by the operator of the scheme, on or before [F115^th April] in that year, to the Department.

(2) Where the operator of the scheme is a partnership the application for registration shall be made by any partner acting on behalf of the partnership.

(3) An application for registration of a scheme shall—

(a)be made in writing;

(b)contain the information set out in Part II of Schedule 3;

(c)F2... be accompanied by the following further information, on a form supplied for that purpose by the Department [F3and signed in accordance with the requirement in paragraph (3A)], in relation to the relevant year—

(i)each producer who is a member of the scheme [F4and each class of producer to which each producer belongs];

(ii)if any producer belongs to more than one class of producer, which of those classes constitutes his main activity as a producer;

(iii)the relevant SIC code for the activity or, as the case may be, the main activity of each class of producer in the scheme;

(iv)in relation to each producer the information referred to in [F5paragraphs (4)(ca)(i) and (ii)] of regulation 7;

(v)in relation to members who are small producers who have elected to follow the allocation method, the aggregate amount of packaging waste which is required to be recycled by virtue of paragraphs 2, 7 and 8 of Schedule 2 by those members;

(vi)a statement of the turnover of each small producer who is a member of the scheme; and

(vii)such other information as the Department reasonably requires in order to determine the application and as is specified on the form;

(d)be accompanied by a statement as provided in Part III of Schedule 3;

(e)be accompanied [F6except where a scheme is registered in respect of the previous year,] by evidence that the scheme has been approved by the Department; but subject to paragraph (4)(d) below, where the scheme has yet to be approved, such evidence shall be supplied to the Department as soon as possible after receipt;

F7(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)be accompanied by a fee calculated under regulation 16; and

(h)where there is more than one operator of the scheme, be accompanied by a statement signed by all of the operators of the scheme as to which operator is able to accept notices and act on behalf of all the operators of the scheme.

[F8(3A) The requirement mentioned in paragraph (3)(c) is that the form be signed by—

(a)the approved person; or

(b)in the case of a scheme that has not already been registered, anyone who is eligible to be an approved person under regulation 34(2).]

(4) An application for registration shall be granted where—

(a)the operator has complied with paragraphs (3)(a), (b), (d), F9... (g) and (h) above;

(b)the Department is satisfied that the information provided in accordance with paragraph (3)(c) above has been provided in accordance with paragraph (7) below;

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(d)the scheme has been approved by the Department; and

(e)the scheme was either registered in the previous year or the scheme was approved by the Department no earlier than in the year previous to that in which the application for registration is made,]

and shall otherwise be refused.

(5) Where an application for registration of a scheme is granted—

(a)the Department shall, within 28 days of its decision, notify the operator of the scheme in writing of its decision; and

(b)the scheme shall be treated as registered from the beginning of the year in relation to which the application is made until any cancellation of the scheme’s registration in accordance with [F12regulation 13C(2)].

F13(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Any information provided shall be as accurate as reasonably possible.

[F14(8) Where an application for registration is refused on the grounds of failure to meet the requirements of paragraph (4)(e), the operator must make a new application for approval of the scheme in accordance with regulation 13 before making an application for registration of the scheme under this regulation.]

[F15(9) Where the conditions in paragraph (11) are met, an operator may elect to make an application for registration to the GB Agency under paragraph (1).

(10) Where an operator so elects—

(a)functions of the Department in relation to the application under this regulation and under regulations 16, 17 and 19(2)(a) are to be carried out by the GB Agency on behalf of the Department; and

(b)until such time as the application has been determined, the operator may not make an application to the Department under paragraph (1) in relation to the same or substantially the same scheme.

(11) The conditions are that—

(a)the operator’s registered office or principal place of business is in Great Britain; and

(b)the operator proposes to apply to the GB Agency in relation to the same year for registration of the scheme under regulation 14(1) of PROR.

(12) For the purposes of these Regulations, an act of the GB Agency performing the functions of the Department pursuant to paragraph (10)(a) is to be treated as an act of the Department.

(13) In this regulation, “the GB Agency” means the body to which the application referred to in paragraph (11)(b) would be made in accordance with regulation 14(1) of PROR.]

Textual Amendments

F1Words in reg. 14(1) substituted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 10(a)

F2Words in reg. 14(3)(c) omitted (1.1.2011) by virtue of The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 10(b)(i)

F3Words in reg. 14(3)(c) inserted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 10(b)(ii)

F4Words in reg. 14(3)(c)(i) inserted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 10(b)(iii)

F5Words in reg. 14(3)(c)(iv) substituted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 10(b)(iv)

F6Words in reg. 14(3)(e) inserted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 10(c)

F7Reg. 14(3)(f) omitted (21.3.2016) by virtue of The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/79), regs. 1, 9(a)

F8Reg. 14(3A) inserted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 10(e)

F9Word in reg. 14(4)(a) omitted (21.3.2016) by virtue of The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/79), regs. 1, 9(b)(i)

F10Reg. 14(4)(c) omitted (21.3.2016) by virtue of The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/79), regs. 1, 9(b)(ii)

F11Reg. 14(4)(c)-(e) substituted for reg. 14(4)(c)(d) (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 10(f)