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

PART 3N.I.REGISTRATION: PRODUCERS AND SCHEMES

Producer registration obligationN.I.

6.  Subject to regulations 37 and 39 and Schedules 9 and 11, a producer shall be registered with the Department in respect of a relevant year, or any part of that year, during which he is not a member of a registered scheme.

Commencement Information

I1Reg. 6 in operation at 5.4.2007, see reg. 1(1)

Application for producer registrationN.I.

7.—(1) Subject to paragraph (3) below, a producer who is required by regulation 6 to be registered shall, on or before 7th April in a relevant year, make an application for producer registration to the Department.

(2) Where the producer is a partnership, the application shall be made by any partner acting on behalf of the partnership.

(3) Where any of the following occurs in a relevant year—

(a)the application for registration of a scheme of which the applicant was a member is refused;

(b)the registration of a scheme of which the applicant was a member is cancelled;

(c)the applicant’s membership of a scheme is discontinued;

(d)the applicant becomes a producer in respect of that year; or

(e)an application to register made within the time limit in paragraph (1) above is refused,

an application for registration shall be made within 28 days of the occurrence.

(4) An application for producer registration shall—

(a)be made in writing;

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

[F1(c)be accompanied by the following further information, on a form supplied for that purpose by the Department and signed by the approved person, in relation to the relevant year—

(i)each class of producer to which the applicant belongs;

(ii)if they belong to more than one class of producer, which of those classes constitutes their main activity as a producer; and

(iii)the relevant SIC code for the class of producer to which the applicant belongs or, as the case may be, for the applicant’s main activity;

(ca)other than in the case of a small producer who has elected to follow the allocation method under sub-paragraph (d) and, subject to paragraph (9), be accompanied by the following further information, on a form supplied for that purpose by the Department and signed by the approved person, in relation to the relevant year—

(i)in relation to each class of producer—

(aa)the amount of packaging waste which they are required to [F2recycle] by virtue of paragraph 3(1) of Schedule 2 F3... the proportion which is to be recovered by recycling by virtue of paragraph 3(2) of Schedule 2; and

(bb)the amount of packaging waste which they are required to recycle for each kind of recyclable material by virtue of paragraph 3(3) of Schedule 2;

(ii)the basis on which the amounts referred to in paragraph (i) were calculated; and

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

(d)in the case of a small producer state whether he elects to follow the allocation method, and, if he does, be accompanied by evidence as to his turnover[F4.]F5...

F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(5) A small producer who has elected under paragraph (4)(d) above to follow the allocation method shall follow this method for a minimum of the year of registration and the following two years.

(6) An application for producer registration shall be granted where—

(a)the producer has complied with—

[F8(i)paragraphs (4)(a) and (b) and (11);]

(ii)where applicable, paragraphs (4)(c), [F9(ca),] (d), (f) and (5) above; and

(b)the Department is satisfied that the further information provided in accordance with paragraph (4)(c) [F10or (ca)] above, or (9) below, has been provided in accordance with paragraph (8) below,

and shall otherwise be refused.

(7) Where an application for producer registration is granted—

(a)the Department shall, within 28 days of it being granted confirm to the producer in writing that he is registered with it; and

(b)the producer shall be treated as having been registered—

(i)where the application was made within the time limit specified in paragraph (1), from the beginning of the relevant year;

(ii)where the application was made within the time limit specified in paragraph (3), from the date of the relevant occurrence;

(iii)in any other case, from the date specified in the confirmation,

until any cancellation of the producer’s registration in accordance with regulation 11.

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

(9) Where the application to register is made in one of the circumstances set out in sub-paragraph (a), (b), (d) or (e) of paragraph (3) above, the further information referred to in paragraph (4)(c) [F11or (ca)] above need not accompany the application but shall be provided within 28 days of the application being made.

F12(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(11) The applicable fee for producer registration referred to in regulation 9 must be received by the Department on or before the relevant date.]

Textual Amendments

Commencement Information

I2Reg. 7 in operation at 5.4.2007, see reg. 1(1)

Conditions of registration of a producerN.I.

8.  Registration of a producer shall be subject to the conditions that the producer will—

(a)comply with his obligations set out in regulation 4(4);

(b)provide any information reasonably requested by the Department with regard to the obligations referred to in paragraph (a) above;

(c)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 material change in the information provided in accordance with regulation 7(4)(b); and

(iii)any material change in the further information provided in accordance with regulation [F147(4)(ca)], or 7(9), as the case may be,

within 28 days of the occurrence of any such change;

(d)provide records and returns to the Department as required by regulation 20; [F15and]

(e)notify the Department that he wishes 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[F16.]F17...

F18(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3Reg. 8 in operation at 5.4.2007, see reg. 1(1)

Forms and fees for producer registrationN.I.

9.—(1) The Department shall provide the form referred to in regulation 7(4)(c) [F20or 7(4)(ca)] free of charge to any person requesting one.

(2) Subject to paragraphs (3) and (4) below, the fee which is to be charged by the Department on an application for producer registration shall be—

(a)where the producer is a small producer who has elected to follow the allocation method, £564;or

(b)in all other cases, £950.

(3) In the case of an application where the fee in paragraph (2) above is to be treated as a fee for group registration by virtue of paragraph 5(b)(iii) of Schedule 9, in respect of each subsidiary included within that application that is not a small producer who has elected to follow the allocation method, the Department shall charge an additional fee of—

(a)£180 for each of the first 4 subsidiaries

(b)£90 for each of the 5th to the 20th subsidiaries inclusive; and

(c)£45 for each of the 21st and subsequent subsidiaries.

(4) On each resubmission of an application which is required by reason of the producer having failed to meet the requirements of regulation 7(4) or (9) on his previous submission, the Department shall charge an additional fee of £220.

Textual Amendments

Commencement Information

I4Reg. 9 in operation at 5.4.2007, see reg. 1(1)

Refusal to register producersN.I.

10.  Any decision of the Department under regulation 7(6) to refuse to register a producer shall be notified within 28 days of the decision to the producer in writing together with the reasons for the decision, a statement as to the right of appeal under Part 6 of these Regulations and a statement as to the offence specified in regulation 40(1)(a).

Commencement Information

I5Reg. 10 in operation at 5.4.2007, see reg. 1(1)

Cancellation of registration of producersN.I.

11.—(1) The Department may cancel the registration with it of a producer where it appears to the Department that—

(a)the producer is in breach of any of the conditions specified in regulation 8; or

(b)the producer knowingly or recklessly supplied false information in connection with his application for registration, or with compliance with any of the conditions specified in regulation 8.

(2) The Department shall cancel the registration with it of a producer where it is notified that the producer has become a member of a registered scheme or has otherwise ceased to be subject to the producer registration obligation in respect of a year.

(3) Before cancellation of a registration under paragraphs (1) and (2) above, the Department shall serve on the producer concerned written notice of—

(a)its decision to cancel;

(b)the reasons for the decision;

(c)the date when cancellation will take effect, not being earlier than—

(i)in the case of cancellation under paragraph (1) above, the expiration of the time limit for an appeal against the notice provided for in paragraph 2 of Schedule 6;

(ii)in the case of cancellation under paragraph (2) above, 5 days from the date of the notice;

(d)the right of appeal under Part 6 of these Regulations; and

(e)where cancellation is under paragraph (1), a statement as to the offence specified in regulation 40(1)(a).

Commencement Information

I6Reg. 11 in operation at 5.4.2007, see reg. 1(1)

Schemes: general provisionsN.I.

12.—(1) The, operator of a scheme shall carry out the [F21recycling obligations and where applicable, consumer information obligations, that every producer who is a member of the scheme that he operates would have had, but for their membership of that scheme.

[F22(2) The operator of a scheme shall inform the members of the scheme by notice in writing immediately if—

(a)the operator receives a notice of withdrawal of the scheme’s approval in accordance with regulation 13C(3); or

(b)the scheme is approved pursuant to regulation 13(4).]

[F23(2A) The operator shall provide a copy of the notice of withdrawal of the scheme’s approval in accordance with regulation 13C(3) with the notice in writing provided in accordance with paragraph (2).]

(3) The operator of a scheme may only demonstrate compliance with his [F21recycling obligations] through the acquisition of PRNs or PERNs or both.

(4) A [F24PRN] or PERN that relates to packaging waste delivered or exported for reprocessing in December in a year may be relied on by the operator of a scheme to demonstrate compliance with his [F21recycling obligations] either in that year or the following year.

Textual Amendments

Commencement Information

I7Reg. 12 in operation at 5.4.2007, see reg. 1(1)

Application for approval of a schemeN.I.

13.—(1) 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)information which demonstrates that—

(aa)the scheme is likely to subsist for a period of at least 5 years; and

(bb)the operator of the scheme is likely to be able to meet its expected recycling obligations for that period; 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.

(2) Subject to paragraphs (3) and (4), an application for approval of a scheme shall within 28 days of receipt of the application be granted F25... where the Department is satisfied that—

(a)the scheme is likely to subsist for a period of at least 5 years;

(b)the operator of the scheme is likely to be able to meet its expected [F21recycling obligations] for that period,

and otherwise be refused.

[F26(2A) Where an application for approval is granted in accordance with paragraph (2), the Department shall by notice in writing inform the operator of the scheme of its decision within 28 days of making that decision.]

(3) A further application for approval in accordance with paragraph (1) shall be made on the occurrence of—

(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;

(c)the receipt by the operator of the scheme of a notification under regulation 36(2); or

(d)a failure by the operator of the scheme to comply, where applicable, with the additional conditions set out [F27in regulation 13A(2)],

within 28 days of the occurrence of an event mentioned in sub-paragraph (a), (b) or (d) above or within 14 days of the occurrence of the event mentioned in sub-paragraph (c) above.

(4) Where the Department has been provided with information pursuant to regulation 36 it may, whether or not it is satisfied as to the matters set out in paragraph (2) above, grant approval subject to the additional conditions set out in [F28regulation 13A(2)].

[F29(5) Where the conditions in paragraph (7) are met, an operator may elect to make an application for approval by the GB Agency under paragraph (1).

(6) Where an operator so elects—

(a)functions of the Department in relation to the application under this regulation 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.

(7) The conditions are—

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

(b)the operator proposes to apply in relation to the same year for approval of the scheme under regulation 13(1) of PROR.

(8) For the purposes of these Regulations, an act of the GB Agency performing the functions of the Department pursuant to paragraph (6)(a) is to be treated as an act of the Department.

(9) In this regulation, “the GB Agency” means the body to which the application referred to in paragraph (7)(b) would be made in accordance with regulation 13(1) of PROR.]

Textual Amendments

Commencement Information

I8Reg. 13 in operation at 5.4.2007, see reg. 1(1)

[F30Conditions of approval of a schemeN.I.

13A.—(1) Approval of a scheme in accordance with regulation 13 is subject to the following conditions—

(a)the operator of the scheme complies with the obligations set out in regulation 12(1);

(b)the operator of the scheme monitors the accuracy of information to which regulation 19 applies, so that the operator may reasonably discover when a scheme member has not complied with regulation 19(2)(c);

(c)the operator of the scheme acquires PRNs or PERNs in a manner which least hinders the ability of any other operator to acquire PRNs or PERNs in accordance with regulation 12(3);

(d)the operator of the scheme maintains sufficient financial resources to acquire PRNs or PERNs in accordance with regulation 12(3);

(e)the operator of the scheme maintains access to, and sufficient financial resources to pay for, the expertise necessary for the purposes of calculating the recycling obligations] referred to in regulation 12(1);

(f)the operator of the scheme provides any information reasonably requested by the Department for the purposes of monitoring compliance in accordance with regulation 31(1)(b) or (c);

(g)in relation to any year in which the scheme is registered in accordance with regulation 14—

(i)the operator of the scheme informs the Department in writing of—

(aa)any change in the person who is the operator of the scheme and, in the case where the operator of the scheme is a partnership or where there is more than one operator of the scheme, any change of partners or operators;

(bb)any material change in the information provided in accordance with regulation 14(3)(b);

(cc)any material change in the further information provided in accordance with regulation 14(3)(c);

(dd)any change in the operator stated in accordance with regulation 14(3)(h),

within 28 days of the occurrence of any such change; and

(ii)the operator of the scheme complies with the requirement set out in regulation 15A; and

(h)the operator of the scheme provides records and returns to the Department in accordance with regulation 22.

(2) Approval of a scheme in accordance with regulation 13(4) is subject to the following additional conditions in relation to any year in which the scheme is registered in accordance with regulation 14—

(a)the operator of the scheme complies with 50% of the total [F21recycling obligations] of the scheme before 30th June;

(b)the operator of the scheme complies with a further 50% of the remaining [F21recycling obligations] before 30thSeptember;

(c)the operator of the scheme makes returns to the Department of information demonstrating compliance with the conditions set out at sub-paragraphs (a) and (b) on or before 15th July and 15th October respectively;

(d)the operator pays the fee in accordance with regulation 16(3) to the Department; and

(e)the operator of the scheme does not accept any new members into the scheme.

(3) The additional conditions set out in paragraph (2) cease to apply at the beginning of the year following the approval year if the Department is satisfied that in the approval year the operator complied with—

(a)the obligations in accordance with regulation 12(1); and

(b)the additional conditions set out in paragraph (2).

(4) If the additional conditions set out in paragraph (2) cease to apply by virtue of paragraph (3), the Department shall serve written notice of the cessation within 28 days of the day on which the Department is satisfied in accordance with paragraph (3).

(5) In paragraph (3), “approval year” means the year for which approval was granted pursuant to regulation 13(4).

Textual Amendments

Refusal to grant approval of a schemeN.I.

13B.  Where the Department decides in accordance with regulation 13(2) to refuse to grant approval of a scheme, it shall serve on the operator of the scheme, within 28 days of making the decision, written notice of—

(a)the decision in accordance with regulation 13(2);

(b)the reasons for the decision; and

(c)a statement of the right of appeal in accordance with regulation 27(2)(a).

Textual Amendments

Withdrawal of approval of a schemeN.I.

13C.—(1) The Department may withdraw approval of a scheme where it appears to it that—

(a)the operator of the scheme is in breach of any of the conditions referred to in regulation 13A(1) or (2); or

(b)the operator knowingly or recklessly supplies false information in connection with the application for registration, or in connection with compliance with the conditions referred to in regulation 13A(1) or (2).

(2) The Department shall cancel any registration of a scheme granted in accordance with regulation 14 if it withdraws approval of the scheme and such cancellation shall take effect on the date on which the withdrawal of approval takes effect.

(3) Before the withdrawal of approval in accordance with paragraph (1), the Department shall serve on the operator of the scheme written notice of—

(a)its decision in accordance with paragraph (1) to withdraw approval;

(b)the reasons for the decision;

(c)a statement of the right of appeal in accordance with regulation 27(2)(b)and (c); and

(d)the date on which the withdrawal takes effect, not being earlier than the expiration of the time-limit for an appeal against the notice in accordance with paragraph 2 of Schedule 6.

(4) Where an application in accordance with regulation 13(3)(a) or (b) is not received by the date specified in regulation 13(3), the Department may withdraw approval of the scheme.

(5) Before the withdrawal of approval in accordance with paragraph (4), the Department shall serve on the operator of the scheme written notice of—

(a)its decision in accordance with paragraph (4) to withdraw approval;

(b)the reasons for the decision;

(c)the date on which the withdrawal takes effect, not being earlier than 28 days from the date of the notice; and

(d)the right to make representations in relation to the decision to withdraw approval within 28 dates from the date of the notice.

(6) Where an application in accordance with regulation 13(3)(c) or (d) is not received by the date specified in regulation 13(3), the Department shall serve written notice on the operator of the withdrawal of approval of the scheme, which shall take effect from the date of the notice.

(7) The Department shall consider any representations made by the operator of a scheme before the notice in accordance with paragraph (5) takes effect, and may withdraw the notice in accordance with paragraph (5) at any time.

(8) An operator of a scheme in relation to which approval is withdrawn in accordance with this regulation shall, within 14 days of the withdrawal taking effect, serve on each scheme member written notice containing the following information—

(a)a statement that approval of the scheme has been withdrawn and the date upon which the withdrawal takes effect;

(b)the reasons for the withdrawal; and

(c)the obligation of a producer in accordance with regulation 6.]

Textual Amendments

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 [F3115th 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)F32... be accompanied by the following further information, on a form supplied for that purpose by the Department [F33and 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 [F34and 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 [F35paragraphs (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 [F36except 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;

F37(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.

[F38(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), F39... (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;

F40(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F41(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 [F42regulation 13C(2)].

F43(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F44(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.]

[F45(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

Commencement Information

I9Reg. 14 in operation at 5.4.2007, see reg. 1(1)

Conditions of registration of a schemeN.I.

F4615.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F47Notification of change of membershipN.I.

15A.  In relation to the year in which registration is granted, the operator of the scheme shall notify the Department in writing at intervals as required by the Department of any change in the membership of the scheme and any such notification shall be accompanied by the additional fee in accordance with regulation 16(6).]

Textual Amendments

Forms and fees for registration of a schemeN.I.

16.—(1) The Department shall provide the form referred to in regulation 14(3)(c) free of charge to any person requesting one.

(2) Subject to paragraphs (3), (4), (5) and (6) below, the fee which is to be charged by the Department on an application for registration of a scheme shall be—

(a)£776 for a scheme member who had a turnover of more than £5,000,000 in the previous year;

(b)£776 for a scheme member who had a turnover of between £2,000,000 and £5,000,000 in the previous year and has chosen not to follow the allocation method;

(c)£564 for a scheme member who had a turnover of between £2,000,000 and £5,000,000 in the previous year and has elected to follow the allocation method.

(3) In the case of a scheme that has been granted [F48approval in accordance with] regulation 13(4) the fee to be charged by the Department in addition to the fee in paragraph (2) above is—

(a)£1,540 where the operator of the scheme has an obligation to [F49recycle] up to and including 24,999 tonnes of packaging waste;

(b)£2,310 where the operator of the scheme has an obligation to [F49recycle] between 25,000 and 249,999 tonnes of packaging waste; or

(c)£3,080 where the operator of the scheme has an obligation to [F49recycle] over 250,000 tonnes of packaging waste.

(4) In the case of a group of companies that is on the date of the application a member of a scheme the fee to be charged by the Department is—

(a)£564 where the holding company is a small producer who has elected to follow the allocation method and the group of companies had a turnover of £5,000,000 or less in the previous year; and

(i)£180 for each of the first 4 subsidiaries;

(ii)£90 for each of the 5th to 20th subsidiaries inclusive; and

(iii)£45 for each of the 21st and subsequent subsidiaries.

(5) In the case where an application is required to be resubmitted as a result of a failure to meet the requirements of regulation 14(3)(c) or 14(6), the fee to be charged by the Department in addition to any fee payable under this regulation is £220 for each member of that scheme in respect of whom the information resubmitted was different from that contained in the original application.

(6) The additional fee which is to be paid by an operator of a scheme in compliance with the [F50notification required in accordance with regulation 15A] is £110 for each member who is submitting data late.

Textual Amendments

Commencement Information

I10Reg. 16 in operation at 5.4.2007, see reg. 1(1)

Refusal to register a schemeN.I.

17.  Any decision the Department under regulation 14 to refuse to register a scheme shall be notified, within 28 days of the decision, to the operator of the scheme in writing together with—

(a)the reasons for the decision;

(b)a statement as to the right of appeal under [F51regulation 27(2)(d)]; and

(c)a statement as to the offence specified in regulation 40(1)(a).

Textual Amendments

Commencement Information

I11Reg. 17 in operation at 5.4.2007, see reg. 1(1)

Cancellation of registration of a schemeN.I.

F5218.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Information provided to scheme operatorsN.I.

19.—(1) This regulation applies to information which—

(a)is provided to the operator of a 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 14.

(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.

Commencement Information

I12Reg. 19 in operation at 5.4.2007, see reg. 1(1)