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

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 [F1recycling 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 F2... 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 [F1recycling obligations] for that period,

and otherwise be refused.

[F3(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 [F4in 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 [F5regulation 13A(2)].

[F6(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

I1Reg. 13 in operation at 5.4.2007, see reg. 1(1)