The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2004

Amendment of Part III (Registration)

5.—(1) In regulation 5 (producer registration obligation), “4(3) and (4),” shall be omitted.

(2) In regulation 6 (application for producer registration) –

(a) in paragraph (1) “and who is not registered” shall be omitted;

(b) paragraph (3)(a) shall be omitted;

(c) in paragraph (3)(b)(v) “or sub-paragraph (a)” shall be omitted;

(d) in paragraph (4)(c) after “by the Department” there shall be inserted “and signed by the approved person”;

(e) paragraph (4)(c)(ii) shall be omitted;

(f) in paragraph (4)(c)(v) “(excluding special producer)” shall be omitted;

(g) at the end of paragraph (4)(c)(vi) there shall be inserted “and”; and

(h) after paragraph (4)(c)(vi) there shall be inserted –

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

(i) in paragraph (4)(dd) –

(i) at the beginning of the sub-paragraph there shall be inserted “on a first application for registration”; and

(ii) for “a plan setting out the steps intended to be taken to comply with the producer’s recovery and recycling obligations” there shall be substituted “an operational plan complying with Part IV of Schedule 4”;

(j) at the end of paragraph (5)(a) “and” shall be inserted;

(k) at the end of paragraph (5)(b) “and” shall be omitted;

(l) paragraph (5)(c) shall be omitted; and

(m) for paragraph (7) there shall be substituted –

“(7) The further information provided shall be as accurate as reasonably possible.”.

(3) For regulation 7 (Requirements for producer registration) there shall be substituted –

“Conditions of registration of a producer

7.   Registration of a producer shall be subject to the conditions that the producer will –

(a) inform the Department of –

(i) any change in the circumstances of the producer which relate to the registration of the producer, and where the producer is a partnership, any change of partners;

(ii) any change in the person who is the partner who is able to accept notices and act on behalf of the partnership as stated as required in regulation 6(4)(e);

(iii) any material change in the initial information provided in accordance with regulation 6(4)(b); or

(iv) any material change in the further information provided in accordance with regulation 6(4)(c), or (8) as the case may be,

within 28 days of the occurrence of any such change;

(b) provide records and returns to the Department as required by regulation 22;

(c) apply to the Department to cancel his registration where he has become a member of a registered scheme or has ceased to be a producer in respect of a year;

(d) comply with the operational plan submitted under regulation 6 or, if a revised plan has been submitted under paragraph (e), with the most recent version so submitted; and

(e) on or before 31st January in a relevant year, provide to the Department a revised version of the operational plan.”.

(4) Regulation 8 (continuation of producer registration) shall be omitted.

(5) In regulation 9 (forms and fees for producer registration), for paragraph (2) there shall be substituted –

“(2) The fee which is to be charged by the Department on an application for producer registration shall be £950 and in addition –

(a) in the case of an application where the fee is to be treated as a fee for group registration by virtue of paragraph 5(b)(iii) of Schedule 9, in respect of the subsidiaries included within that application, a fee of –

(i) £100 for each of the first 4 subsidiaries; or

(ii) £50 for each of the 5th and subsequent subsidiaries; and

(b) on each resubmission of an application which is required by reason of its having failed to meet the requirements of regulation 6(4) or (7) on its previous submission, £220.”.

(6) In regulation 11 (cancellation of registration of producers) –

(a) paragraph (1)(a) shall be omitted;

(b) in paragraph (1)(b)(i) for “undertakings referred to in regulation 7 and given to him by the Department,” there shall be substituted “conditions specified in regulation 7; or”;

(c) in paragraph (1)(b)(ii) for “undertaking referred to in regulation 7, or with regulation 8” there shall be substituted “conditions specified in regulation 7”;

(d) paragraph (1)(b)(iii) shall be omitted; and

(e) in paragraph (3) –

(i) at the end of sub-paragraph (3)(b), “and” shall be omitted;

(ii) at the end of sub-paragraph (3)(c), for “.” there shall be substituted “; and”; and

(iii) after sub-paragraph (3)(c) there shall be inserted –

“(d) the right of appeal under Part IV of these Regulations.”.

(7) In regulation 12 (application for registration of a scheme) –

(a) in paragraph (1) “Subject to paragraph (8),” shall be omitted;

(b) in paragraph (3)(c)(i) “class of” shall be omitted;

(c) paragraph (3)(c)(ii) shall be omitted;

(d) in paragraph (3)(c)(v) “(excluding special producer)” shall be omitted;

(e) after paragraph (3)(c)(vi) there shall be inserted –

“and

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

(f) at the beginning of paragraph (3)(e) there shall be inserted “on a first application for registration” and for “as provided in” there shall be substituted “complying with”;

(g) paragraph (3)(f) shall be omitted;

(h) at the end of paragraph (3)(g) “and” shall be omitted;

(i) at the end of paragraph (3)(h) “and” shall be inserted;

(j) after paragraph (3)(h) there shall be inserted –

“(i) be accompanied by a monitoring plan which demonstrates how information to which regulation 17A applies is to be monitored so that the operator of the scheme can meet his obligation under paragraph (7).”;

(k) after paragraph (4) there shall be inserted –

“(4A) An application for approval of a scheme by the Department shall be made in writing by the operator of the scheme and shall –

(a) contain the following information –

(i) the name and address of the person who proposes to operate the scheme; and

(ii) any other information which demonstrates that the scheme is likely to subsist for a period of at least 5 years and will assist the objectives of the United Kingdom in relation to the recovery and recycling of packaging waste; and

(b) be accompanied by the following documentation –

(i) a copy of the constitution of the scheme;

(ii) a copy of the rules with which a member of the scheme is obliged to comply; and

(iii) a copy of the procedures under which the operator of the scheme would enforce the rules against a member of the scheme.

(4B) An application for approval of a scheme by the Department shall be granted where the Department is satisfied that the scheme is likely to subsist for a period of at least 5 years and will assist the objectives of the United Kingdom in relation to the recovery and recycling of packaging waste, and shall otherwise be refused.

(4C) A further application for approval in accordance with paragraph (4A) shall be made within 28 days of the occurrence of any of the following –

(a) a change in the person who is the operator of the scheme;

(b) a conviction of the operator of the scheme for an offence under these Regulations; or

(c) a failure by the operator of the scheme to comply with the obligation referred to in regulation 3(5B).

(4D) Where an application which is required by paragraph (4C) is not received by the due date, the Department may decide to withdraw approval of the scheme, and if it so decides shall serve written notice on the operator of the scheme of –

(a) its decision to withdraw approval of the scheme;

(b) the reasons for the decision;

(c) the date when the withdrawal will take effect, not being earlier than 28 days from the date of the notice.

(4E) The Department shall consider any representations made before the notice takes effect by the operator of the scheme, and may withdraw the notice under paragraph (4D) at any time.”;

(l) in paragraph (5)(a) for “and (h),” there shall be substituted “(h) and (i)”;

(m) in paragraph (6)(b) “, except that for the purposes of regulations 32 and 33 the scheme shall be treated as registered from the date of notice until any such cancellation” shall be omitted;

(n) in paragraph (7), for sub-paragraphs (a) and (b) there shall be substituted “be as accurate as reasonably possible”; and

(o) paragraph (8) shall be omitted.

(8) In regulation 13 (conditions of registration of a scheme) –

(a) for paragraph (a) there shall be substituted –

“(a) that the obligation in regulation 3(5B) is complied with;”;

(b) in paragraph (d)(iv) for “regulations 12(3)(c) or 14” there shall be substituted “regulation 12(3)(c)”;

(c) paragraph (e) shall be omitted;

(d) at the end of paragraph (f) “and” shall be omitted; and

(e) after paragraph (f) there shall be inserted –

“(g) that the operator of the scheme will comply with the operational plan submitted under regulation 12(3)(e) or, if a revised plan has been submitted under sub-paragraph (h), with the most recent version so submitted; and

(h) that the operator of the scheme will on or before 31st January in a relevant year provide to the Department a revised version of the operational plan for the scheme.”.

(9) Regulation 14 (continuation of registration of a scheme) shall be omitted.

(10) In regulation 15 (forms and fees for registration of a scheme), for paragraph (2) there shall be substituted –

“(2) The fee which is to be charged by the Department on an application for registration of a scheme shall be £760 for each producer (or group of producers where the group is a group of companies within the meaning of Schedule 9) who is on the date of the application a member of the scheme and in addition –

(a) in a case where part of the fee is calculated on the basis of a group of companies, a fee of the following amount for each subsidiary within that group apart from the holding company –

(i) £100 for each of the first 4 subsidiaries; or

(ii) £50 for each of the 5th and subsequent subsidiaries;

(b) in the case of an application which is received after 7th April in any year, £110; and

(c) on each resubmission of an application which is required by reason of its having failed to meet the requirements of regulation 12(3) and (7), on its previous submission, £220.”.

(11) In regulation 17 (cancellation of registration of a scheme) –

(a) paragraph (1)(a) shall be omitted;

(b) at the end of paragraph (1)(b)(i) there shall be inserted “or”;

(c) in paragraph (1)(b)(ii) “, or with regulation 14, or” shall be omitted; and

(d) paragraph (1)(b)(iii) shall be omitted.

(12) After regulation 17 there shall be inserted –

“Information provided to scheme operators

17A.— (1) This regulation applies to information which –

(a) is provided to the operator of the scheme by a producer who is a member of that scheme at the time the information is provided; and

(b) is information which the operator of the scheme will need to rely upon for the purposes of his application for registration of a scheme under regulation 12.

(2) A producer who provides to the operator of the scheme information to which this regulation applies shall –

(a) provide that information on a form supplied for the purpose by the Department;

(b) ensure that the form is signed by the approved person; and

(c) ensure that the information is as accurate as reasonably possible.”.