PART 7 U.K. APPROVAL OF PROPOSED SCHEMES AND WITHDRAWAL OF APPROVAL OF SCHEMES

Withdrawal of approval of a scheme U.K.

58.—(1) The appropriate authority may withdraw approval of a scheme where—

(a) the appropriate authority is satisfied that the operator of that scheme—

(i) is in breach of any condition in regulation 57,

(ii) knowingly or recklessly supplied false or misleading information in connection with—

(aa) the application for approval made under regulation 55;

(bb) an application for registration made under regulation 26;

(cc) a notification made under regulation 27; or

(dd) compliance with any condition in regulation 57;

(b) the operator of that scheme has been convicted of an offence under these Regulations.

(2) Before the withdrawal of approval of a scheme under paragraph (1) the appropriate authority [F1 must] serve a notification in writing on the operator of that scheme which [F1 must] state—

(a) that approval of the scheme is to be withdrawn;

(b) the reasons for the decision;

(c) the right of appeal under Part 12; and

(d) the date when the withdrawal of approval will take effect, not being earlier than the expiration of the time limit for an appeal against the notification as provided for in Schedule 14.

(3) Where a notification has been served in accordance with paragraph (2) and any appeal against that notification has been dismissed, the appropriate authority [F2 must] serve a notification in writing on each member of that scheme which [F2 must] contain—

(a) a statement that approval of that scheme has been withdrawn and the effective date of the withdrawal of approval;

(b) the reasons for the decision to withdraw approval;

(c) a request for details of the amount in tonnes of EEE that that member has placed on the market in the United Kingdom during any compliance period, or any part of a compliance period, where any such information has not been provided to the appropriate authority by the operator of that scheme in compliance with—

(i) regulation [F3 37] during the transitional period, or

(ii) from 1st January 2019, regulation [F4 38]; and

(iii) where sub-paragraph (i) or (ii) applies, statement of the obligation of a producer to join a new scheme under regulation 14(9).

Textual Amendments

F1 Word in reg. 58(2) substituted (25.7.2014) by virtue of The Waste Electrical and Electronic Equipment and Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2014 (S.I. 2014/1771), regs. 1(b), 3(3), Sch. 2 Pt. 1

F2 Word in reg. 58(3) substituted (25.7.2014) by virtue of The Waste Electrical and Electronic Equipment and Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2014 (S.I. 2014/1771), regs. 1(b), 3(3), Sch. 2 Pt. 1

F3 Word in reg. 58(3)(c) substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(27)(i)

F4 Word in reg. 58(3)(c) substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(27)(ii)

Commencement Information

I1 Reg. 58(1)(2)(3)(a)(b)(c)(i)(iii) in force at 1.1.2014, see reg. 1(2)

I2 Reg. 58(3)(c)(ii) in force at 1.1.2019, see reg. 1(4)