Amendment of Part VI (Agencies‘ Powers and Duties)10

1

In regulation 25 (monitoring)–

a

in paragraph (1) for sub paragraph (b) substitute–

b

compliance by operators of schemes with the obligation referred to in regulation 3(5B); and

c

compliance by persons who are accredited reprocessors or exporters with the conditions specified in or under Schedule 2A.

b

in paragraph (2)–

i

in sub-paragraph (b) for “regulations 6 and 8” substitute “regulation 6” and for “undertakings” substitute “conditions”;

ii

in sub paragraph (c) omit “or Part V of Schedule 3”;

iii

in sub paragraph (e) for “regulations 12 and 14” substitute “regulation 12” and omit “and” where it appears at the end of that sub-paragraph; and

iv

after sub paragraph (f) insert–

; and

g

the compliance by accredited reprocessors and exporters with the conditions specified in or under Schedule 2A.

c

in paragraph (3)–

i

at the end of sub paragraph (a), omit “or”;

ii

at the end of sub paragraph (b), insert “or”; and

iii

after sub paragraph (b) insert–

c

any person who is engaged in trading in or brokerage in relation to, PERNs or PRNs,

2

In regulation 25A (monitoring-publication)5–

a

omit the words “commencing with 2000”; and

b

for paragraph (a) substitute–

a

the Agency’s policy in relation to the monitoring it is required to carry out under regulation 25; and

3

For paragraph (1) of regulation 26 substitute–

1

The appropriate Agency shall maintain and make available in accordance with this regulation a register relating to–

a

the producers and schemes registered with it in accordance with regulations 5 to 16; and

b

the reprocessors and exporters accredited by it in accordance with Part IVA,

and containing the relevant information prescribed in Schedule 7.

4

In regulation 27 (approval of persons to issue certificates of compliance) after “compliance” insert “and signing the form referred to in regulation 6(4)(c) or 17A(2) (as the case may be)”.

5

In regulation 28 (entry and inspection)–

a

in paragraph (2)–

i

for “the appropriate Agency’s servant or agent” substitute “a person authorised under paragraph (1) of this regulation”;

ii

omit sub-paragraphs (b) and (c); and

iii

in sub paragraph (g) for “regulations 22 and 24 and Part V of Schedule 3” substitute “regulations 21C, 22 and 24”; and

b

in paragraph (3) for “the appropriate Agencys servant or agent” substitute “a person authorised under paragraph (1) of this regulation”.