23.—(1) In relation to an application for approval made under regulation 13 of PROR(1) before commencement but not determined by that date—
(a)the amendments made by regulation 7 and, so far as it relates to regulation 13 of PROR, regulation 3(b)(ii) do not have effect; and
(b)regulation 13 of PROR is taken to be amended as follows—
(i)in paragraph (2), omit “unconditionally”;
(ii)after paragraph (2), insert—
“(2A) Where an application for approval is granted, the appropriate authority shall notify the operator of the scheme in writing of its decision within 28 days of making its decision.”;
(iii)in paragraph (4), for “paragraph (5)”, substitute “regulation 13A(2)”;
(iv)omit paragraphs (5) to (10).
(2) The amendments made by regulation 8 have effect in relation to an approval granted under regulation 13 of PROR before commencement as if that approval were granted on that date.
(3) In this regulation—
“commencement” means the day these Regulations come into force in accordance with regulation 1(b);
“PROR” means the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.
Regulation 13 was amended by S.I. 2010/2849.