The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2003

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)(1)–

(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”.

(1)

Regulation 25A was inserted by S.I. 1999/3447, regulation 2(4).