The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010

Amendment of regulation 2 (interpretation and notices) E+W+S

3.  In regulation 2(2)—

(a) for the definition of “approved person”, substitute—

““approved person” means the person for the time being approved under regulation 34 for the purpose of—

(a)

issuing certificates of compliance under regulation 21 and signing the form referred to in regulation 7(4)(c) or (ca) or 19(2)(b) in relation to a particular producer; or

(b)

signing the form referred to in regulation 14(3)(c) and the statement referred to in regulation 22(4) in relation to a particular operator of a scheme;”;

(b) for the definition of “financial year”, substitute—

““financial year” in relation to a person—

(a)

where the person is a company is determined as provided in section 390(1) to (3) of the Companies Act 2006 M1 ; and

(b)

in any other case has the meaning given in section 390(4) of the Companies Act 2006, but as if the reference there to an undertaking were a reference to that person;”;

(c) after the definition of “financial year”, insert—

““marine installation” means any artificial island, installation or structure at sea, other than a vessel;”;

(d) for the definition of “SIC code”, substitute—

““SIC code” means a code included in “Indexes to the UK Standard Industrial Classification of Economic Activities 2007” published by the Office for National Statistics in 2009 M2 ;”;

(e) in the definition of “small producer”—

(i) omit “who satisfies the threshold tests in paragraph 3 of Schedule 1 but”; and

(ii) for “section 242 of the Companies Act 1985”, substitute “ ;section 441 of the Companies Act 2006 M3 ”; and

(f) for the definition of “turnover”, substitute—

““turnover” means, in relation to a person, their turnover as defined in section 539 of the Companies Act 2006 but as if the references to a company were references to that person;”.

Marginal Citations

M1 2006 c. 46.

M2 ISBN 978-0-230-21014-1.

M3 Section 441 was amended by S.I. 2008/393.