SCHEDULE 11MID-YEAR CHANGES
PART 1SCHEME MEMBERSHIP
I11
Subject to paragraphs 4 and 5 below, where a person who is a producer in respect of a year becomes a member of a registered scheme during that year, the F4recycling obligations of the producer for that year, referred to in regulation 12(1), shall be performed through the scheme.
I22
Where a person who is a producer in respect of a year ceases to be a member of a registered scheme during that year, he shall comply with his F4recycling obligations for that year, calculated as provided in regulation 4 and Schedule 2.
I33
Where a person who is a producer in respect of a year ceases to be a member of one registered scheme (“the first scheme”) and becomes a member of another registered scheme (“the second scheme”) during that year, the first scheme shall not be required to perform any of the producer’s F4recycling obligations, referred to in regulation 12(1), and all such obligations shall be performed through the second scheme.
PART 2GROUP MEMBERSHIP
I44
This Part applies where—
a
a company joins a group of companies and becomes a company to which paragraph 1 of F1Schedule 9 applies; or
b
a holding company or subsidiary company to which paragraph 1 of Schedule 9 applies ceases to belong to a group of companies.
I55
Where paragraph 4(a) above applies the company shall either—
a
be registered separately with the Department as required by regulation 6; or
b
be registered with the Department as part of a group registration under F2Schedule 9 and for the purposes of this paragraph—
i
such registration is effected upon notice being given by the holding company to the Department of the change in the group registration; and
ii
where prior to joining the group of companies the company was registered with the Department, the Department shall cancel the company’s registration and regulation 11(3) shall apply to that cancellation as it applies to a cancellation under regulation 11(2).
I66
Where—
a
paragraph 4(a) above applies;
b
in relation to the obligation year the company itself satisfies the threshold tests; and
c
the company is registered as part of a group registration,
the holding company shall comply with the requirements of the company’s F4recycling obligations for the year in which it joins the group.
I77
Where—
a
paragraph 4(a) above applies;
b
in relation to the obligation year the company itself satisfies the threshold tests; and
c
the company is registered separately with the Department;
the company shall comply with its F4recycling obligations for the year in which it joins the group.
I88
Where—
a
paragraph 4(a) above applies;
b
in relation to the obligation year the company itself does not satisfy the threshold tests; and
c
the company is registered as part of a group registration;
the holding company shall comply with a proportion of the requirements of the company’s F4recycling obligations for the year in which it joins the group, such proportion being calculated as provided in paragraph 16 below.
I99
Where—
a
paragraph 4(a) above applies;
b
in relation to the obligation year the company itself does not satisfy the threshold tests; and
c
the company is registered separately with the Department;
the company shall comply with a proportion of its F4recycling obligations for the year in which it joins the group, such proportion being calculated as provided in paragraph 16 below.
I1010
Where—
a
paragraph 4(b) above applies; and
b
in relation to the obligation year the company itself satisfies the threshold tests;
it shall register with the Department as required by regulation 6 within 28 days of ceasing to be a member of a group and regulations 7 to 11 shall apply as if this were an occurrence specified in regulation 7(3)(d).
I1111
Where—
a
paragraph 4(b) above applies;
b
in relation to the obligation year the company itself satisfies the threshold tests; and
c
the company was registered as part of a group registration;
the holding company shall comply with the requirements of the company’s F4recycling obligations for the year in which it ceases to be a member of the group.
I1212
Where—
a
paragraph 4(b) above applies;
b
in relation to the obligation year the company itself satisfies the threshold tests; and
c
the company is registered separately with the Department;
the company shall comply with its F4recycling obligations for the year in which it ceases to be a member of the group.
I1313
Where—
a
paragraph 4(b) above applies;
b
in relation to the obligation year the company itself does not satisfy the threshold tests; and
c
the company was registered as part of a group registration;
the holding company shall comply with the requirements of the company’s F4recycling obligations for the year in which it ceases to be a member of the group.
I1414
Where—
a
paragraph 4(b) above applies;
b
in relation to the obligation year the company itself does not satisfy the threshold tests; and
c
the company was registered separately with the Department;
the holding company shall comply with the requirements of the company’s F4recycling obligations for the year in which it ceases to be a member of the group.
I1515
Where in a relevant year paragraph 4 above applies to a company as a result of that company ceasing to be a member of one group (“the first group”) and becoming a member of another group (“the second group”)—
a
where in relation to each group the company is registered as part of a group registration, the first group shall comply with the requirements of the company’s F4recycling obligations for the year in which the company ceases to be a member of that group and the second group shall comply with those requirements in the following and any subsequent year in which the company is a member of the second group;
b
where in relation to each group the company is registered separately with the Department, the company shall comply with its F4recycling obligations for the year;
c
where in relation to the first group the company was registered as part of a group registration and in relation to the second group the company is registered separately with the Department, the holding company shall comply with the requirements of the company’s F4recycling obligations for the year in which the company ceases to be a member of that group and the company itself shall comply with its F4recycling obligations for any subsequent year; or
d
where in relation to the first group the company was registered separately with the Department and in relation to the second group the company is registered as part of a group registration, the company itself shall comply with its F4recycling obligations for the year in which it joins the group and the holding company shall comply with the requirements of the company’s F4recycling obligations for any subsequent year.
I1616
The proportion referred to in paragraphs 8 and 9 above shall be calculated as follows—
where—
“G” is the number of days in the relevant year during which the company was a member of the group;
“H” is the number of days in the relevant year; and
“G / H” is the proportion.
I1717
For the purposes of this Part of this Schedule, the “threshold tests” means the threshold tests provided in paragraph 3 of Schedule 1.
PART 3INCAPACITY
I1818
Where in a relevant year a producer dies or becomes bankrupt or incapacitated (“the first producer”) that person shall cease to have any producer responsibility obligations for that year and any person who carries on the activities of the first producer following that event shall be treated as a producer and shall have the producer responsibility obligations of the producer for that year.
I1919
Any person carrying on the activities of the first producer referred to in paragraph 18 above shall within 28 days of commencing to do so—
a
inform the Department in writing of that fact and the date of the death, the date of bankruptcy or the nature of the incapacity and the date on which it began; and
b
apply to be registered as required by regulation 6 F3....
I2020
In relation to a producer which is a company, the references to a person becoming bankrupt or incapacitated in paragraph 18 above shall be construed as references to it going into liquidation or receivership or entering administration.