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Regulation 13
1.—(1) The charges set out in paragraphs 2 to 6 of this Schedule are payable for the matters set out in those paragraphs, subject to paragraphs 7 to 9.
(2) The charges payable under this Schedule for an application, submission or notification are payable to the appropriate agency by the person making the relevant application, submission or notification, and are due and payable in full on the making of the relevant application, submission or notification.
(3) Where for any reason an application is refused or withdrawn, the appropriate agency is not under any obligation to refund the whole or any part of a charge that has been paid for the application, unless the application is withdrawn before the appropriate agency has begun to consider it.
2.—(1) The charge for an application for registration of a producer under regulation 29 is the total of—
(a)£2,620 for a large producer other than a producer referred to in paragraph (d);
(b)£1,216 for a small producer other than a producer referred to in paragraph (d);
(c)£2,579 in addition to the charge in paragraph (a), (b) or (d), as appropriate, where the producer is an online marketplace operator;
(d)for producers which are subsidiaries to be registered as part of a group registration—
(i)£558 for each producer for the first 20 subsidiaries which are to be so registered;
(ii)£140 for each producer from the 21st subsidiary to the 100th subsidiary which are to be so registered.
(2) The additional charge referred to in regulation 29(3)(b) for a late application for registration of a producer is £332.
(3) The charge referred to in regulation 39(3)(b) and paragraph 3(2)(b) of Schedule 15 for resubmitting a report is £714 for each producer in relation to which amended information is submitted.
3.—(1) The charge for an application for approval of a compliance scheme under regulation 47 is £8,174.
(2) The charge for an application for registration of a compliance scheme under regulation 51 is £13,804.
(3) The charge referred to in regulation 44(2)(b) and paragraph 3(7)(a) of Schedule 15 for resubmitting a report is £430 for each producer in relation to which amended information is submitted.
4.—(1) The charge for an application by a scheme operator for producer registration for members of a compliance scheme is the total of—
(a)£1,685 for each large producer other than a producer referred to in paragraph (d) for which the application is made;
(b)£631 for each small producer other than a producer referred to in paragraph (d) for which the application is made;
(c)£2,579 in addition to the charge in paragraph (a), (b) or (d), as appropriate, for each producer which is an online marketplace operator;
(d)for producers which are subsidiaries and are to be registered as part of a group registration—
(i)£558 for each producer for the first 20 subsidiaries which are members of the scheme;
(ii)£140 for each producer from the 21st subsidiary to the 100th subsidiary which is a member of the scheme;
(2) The charge for late submission of an application for producer registration made by a scheme operator is £332 for each member of the compliance scheme for whom the scheme operator applies for registration late where none of the events described in regulation 28(3) has occurred.
(3) Where—
(a)a producer is a member of a compliance scheme;
(b)the producer’s registered office or, if it does not have a registered office in the United Kingdom, its head office or principal place of business in the United Kingdom, is in a different nation of the United Kingdom to that of the scheme operator; and
(c)the appropriate agency for that producer has made a charging scheme which makes different provision for the charges listed in sub-paragraphs (1) and (2),
the scheme operator must pay the charges set by the appropriate agency, instead of those specified in sub-paragraphs (1) and (2), in relation to that producer.
5.—(1) The charge for an application by a reprocessor for a registration under regulation 85, or by an exporter for a registration under regulation 86, is £2,921.
(2) The charge for amendment of a reprocessor or exporter’s sampling and inspection plan under regulation 87(6) or 89 is £428.
(3) The annual charge referred to in regulation 88(2) is £1,324.
6.—(1) The charge for an application by a reprocessor for an accreditation under regulation 94 is the amount specified in sub-paragraph (3) for the tonnage band stated in the application (the “stated tonnage band”).
(2) The charge for an application by an exporter for an accreditation under regulation 95 is the sum of—
(a)the amount specified in sub-paragraph (3) for the stated tonnage band; and
(b)£216 for each overseas reprocessing site specified in the application.
(3) The amounts referred to in sub-paragraphs (1) and (2)(a) are—
(a)£500 where the stated tonnage band is up to 500 tonnes;
(b)£2,000 where the stated tonnage band is up to 5,000 tonnes;
(c)£3,000 where the stated tonnage band is up to 10,000 tonnes;
(d)£3,631 where the stated tonnage band is over 10,000 tonnes.
(4) The charge for amendments to the sampling and inspection plan or the business plan referred to in regulation 96(6) is £428.
(5) The charge for an application by a reprocessor or exporter under regulation 99(1) to vary an accreditation by increasing the tonnage band is to be determined in accordance with the following formula—
where—
“B” is the charge specified in paragraph (3) for the new stated tonnage band;
“C” is the amount previously paid by the applicant under paragraph (1) or (2)(a) when the application for the accreditation was submitted;
“D” is an additional processing charge of £100.
(6) The charge for an application by an exporter under regulation 99(3) to vary an accreditation by adding one or more overseas reprocessing sites to it is £216 for each overseas reprocessing site specified in the application.
7. The appropriate agency may, by notice to the person liable for any charge specified in this Schedule, waive or reduce the charge if it considers it to be significantly disproportionate in a particular case, having regard to the actual costs and expenses incurred or to be incurred by the appropriate agency in relation to the activity for which the charge is imposed.
8.—(1) The charges specified in this Schedule are to increase annually on 1st September in each year starting on 1st September 2026, in line with any increase in the Consumer Prices Index published by the Office for National Statistics as at 31st March of the same year.
(2) Each appropriate agency must publish details of charges which have increased in accordance with sub-paragraph (1).
9. A charge specified in this Schedule ceases to apply if it is superseded by a charge provided for in a charging scheme made under—
(a)section 41(1)(n) of the Environment Act 1995(1), by the Environment Agency, NRW or SEPA; or
(b)article 76A of the Waste and Contaminated Land (Northern Ireland) Order 1997(2), or regulation 20B of the Waste Management Licensing Regulations (Northern Ireland) 2003(3), by DAERA.
Regulations 27, 31, 48(1), 88(1) and 90(2)
1. In this Schedule—
“the 1986 Act” means the Insolvency Act 1986(4);
“the 2016 Act” means the Bankruptcy (Scotland) Act 2016(5);
“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989(6).
2. For the purposes of these Regulations, an insolvency event takes place in relation to a body corporate where—
(a)an order for its winding up is made by the court under Part 4 or 5 of the 1986 Act or Part 5 or 6 of the 1989 Order;
(b)a resolution for its voluntary winding up is passed under section 84 of the 1986 Act or article 70 of the 1989 Order(7);
(c)an administrative receiver, within the meaning of section 251 of the 1986 Act or article 5(1) of the 1989 Order, is appointed;
(d)it enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to the 1986 Act(8) or paragraph 2(2)(b) of Schedule B1 to the 1989 Order(9);
(e)a voluntary arrangement takes effect under Part 1 of the 1986 Act or Part 2 of the 1989 Order.
3. For the purposes of these Regulations, an insolvency event takes places in relation to a partnership where—
(a)an order for its winding up is made by the court under Part 5 of the 1986 Act or Part 6 of the 1989 Order;
(b)a resolution for voluntary winding up is passed under section 84 of the 1986 Act or article 70 of the 1989 Order;
(c)an administrative receiver, within the meaning of section 251 of the 1986 Act or article 5(1) of the 1989 Order, is appointed;
(d)it enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to the 1986 Act or paragraph 2(2)(b) of Schedule B1 to the 1989 Order;
(e)a voluntary arrangement takes effect under Part 1 of the 1986 Act or Part 2 of the 1989 Order;
(f)in Scotland, sequestration is awarded;
(g)an interim trustee is appointed under section 54 of the 2016 Act on an application or petition for sequestration.
4. For the purposes of these Regulations, an insolvency event takes place in relation to an individual where—
(a)a bankruptcy order is made;
(b)in Scotland, sequestration is awarded;
(c)an interim receiver is appointed under section 286 of the 1986 Act or article 259 of the 1989 Order on a bankruptcy petition;
(d)an interim trustee is appointed under section 54 of the 2016 Act on a petition for sequestration;
(e)a debt relief order is made under Part 7A of the 1986 Act(10) or Part 7A of the 1989 Order(11);
(f)a voluntary arrangement takes effect under section 260 of the 1986 Act or article 234 of the 1989 Order.
Regulation 29
1. The name, address and telephone number of—
(a)the place where the producer is habitually resident, or
(b)the registered office of the producer or, if the producer does not have a registered office, the head office or principal place of business of the producer.
2. If the producer is not habitually resident in the United Kingdom, or if the registered office, head office or principal place of business of the producer is not in the United Kingdom, the address of the branch or postal address of the producer in the United Kingdom.
3. The business name of the producer if different from that referred to in paragraph 1 above.
4. The name and contact details, including an email address, of an individual at the producer who is responsible for dealing with enquiries from the appropriate agency.
5. The address for service of notices on the producer if different from that referred to in paragraph 1 above.
6. Where the producer is a partnership, the names of all the partners.
7. Which of the functions described in regulations 16 to 22 the producer performs in relation to packaging.
8. If the producer performs more than one such function, which function constitutes the producer’s main activity as a producer.
9. The relevant SIC code for the function the producer performs in relation to packaging or, where the producer performs more than one such function, for the function which constitutes the producer’s main activity as a producer.
10. The producer’s turnover in the financial year referred to in paragraphs (1)(a) and (2)(a) of regulation 24, calculated in accordance with that regulation.
11. Except where the application is made under regulation 28(2), the amount in tonnes of packaging which the producer has supplied, in the calendar year referred to in paragraphs (1)(b) and (2)(b) of regulation 24, calculated in accordance with that regulation.
12. Whether or not the producer is liable to pay disposal fees under regulation 60 for the assessment year starting on 1st April in the calendar year for which the producer is applying for registration.
13. Where the producer is a brand owner—
(a)details of all names, trade marks and other distinctive marks which appear on packaging for which the brand owner is responsible, and
(b)whether the brand owner also produces packaging on which no name, trade mark or other distinctive mark appears.
Regulations 33 to 36 and 38
1.—(1) In this Schedule, all references to the weight of packaging or packaging waste are to that weight in kilograms, and any requirement to report a weight of packaging or packaging waste is to be interpreted as a requirement to report the actual, measured weight of that packaging in kilograms to the nearest kilogram.
(2) Where packaging sub-categories have been specified under regulation 7(11) for a packaging category (“the sub-divided packaging category”) for the purposes of a paragraph of this Schedule, any reference in that paragraph to a packaging category is to be read, in relation to the sub-divided packaging category, as a reference to those packaging sub-categories.
(3) Where this Schedule refers to the weight of household packaging, or a description of household packaging, which a producer supplied, packaging may only be excluded from that weight under regulation 8(1)(a) on the grounds that the conditions in regulation 8(2) or the conditions in regulation 8(3) are met if the producer can provide evidence that those conditions are met.
(4) In this Schedule, references to packaging, or to any description of packaging, do not include packaging which at the time of its supply was exempt packaging.
2. The weight of packaging in each packaging category which the producer supplied during the reporting period.
3. The weight of household packaging in each packaging category which the producer supplied during the reporting period.
4. A description of the methodology used by the producer to collate the information required under paragraphs 2 and 3.
5. A breakdown of the packaging in each packaging category which the producer supplied during the reporting period, specifying—
(a)whether the packaging is—
(i)primary packaging;
(ii)secondary packaging;
(iii)tertiary packaging other than shipment packaging; or
(iv)shipment packaging,
(its “packaging type”); and
(b)the weight in kilograms of packaging supplied in each packaging type.
6. The weight of household packaging in each packaging category which the producer supplied during the reporting period which is—
(a)primary packaging;
(b)shipment packaging.
7. The weight of packaging, and the number of units of packaging, in each packaging category which the producer supplied during the reporting period which consists of drink containers.
8.—(1) In relation to each relevant producer to whom the producer (“D”) supplied unfilled household packaging or other unfilled packaging during the reporting period—
(a)the identity of the relevant producer;
(b)subject to sub-paragraph (3), the producer registration number assigned to that relevant producer under regulation 30(2)(a);
(c)the number of units of such packaging which D supplied to that relevant producer during the reporting period; and
(d)the weights of—
(i)unfilled packaging; and
(ii)unfilled household packaging,
which D supplied to that relevant producer during the reporting period.
(2) In this paragraph, a “relevant producer” means a large producer, other than a large producer who is a seller (and no other class of producer).
(3) In relation to a supply which takes place before 1st October 2025 a producer registration number need not be recorded.
9. Where the producer has instituted a system of reusing reusable packaging—
(a)a description of that system; and
(b)the weight in each packaging category of—
(i)all packaging which the producer supplied during the reporting period that is reusable or refillable; and
(ii)packaging referred to in paragraph (i) which is primary packaging.
10. The weight in kilograms of household packaging in each packaging category supplied by the producer during the reporting period which consists of commonly binned or littered items.
11.—(1) The weight in kilograms of—
(a)all packaging supplied by the producer, where the producer is a seller, online marketplace operator, distributor or service provider; or
(b)all packaging discarded by the producer in the United Kingdom which the producer is treated under regulation 10(6) as having supplied, where the producer is a brand owner, importer or first UK owner,
during the reporting period in each nation of the United Kingdom, in each packaging category.
(2) For the purposes of reports submitted in relation to 2025, 2026 and 2027—
(a)producers who are sellers who supply secondary packaging, or tertiary packaging other than shipment packaging, may estimate the amount of that packaging which has been supplied to a nation of the United Kingdom in order to calculate the weight of packaging supplied to that nation;
(b)producers who are importers who import secondary packaging, or tertiary packaging other than shipment packaging, may estimate the amount of that packaging discarded in a nation of the United Kingdom in order to calculate the weight of packaging discarded in that nation.
12.—(1) The weight in kilograms, in each packaging category, of relevant packaging waste which the producer has collected from consumers and sent for recycling during the reporting period.
(2) In sub-paragraph (1), “relevant packaging waste” has the same meaning as in regulation 34(4).
13.—(1) The weight in kilograms of—
(a)packaging waste which the producer has collected during the reporting period—
(i)consisting of the producer’s own packaging waste; and
(ii)consisting of packaging waste from other persons;
(b)packaging waste referred to in paragraph (a) which was collected from each nation of the United Kingdom; and
(c)packaging waste referred to in paragraph (a) which was collected from one nation of the United Kingdom and sent for recycling to another nation of the United Kingdom, identifying the nation from which it was collected and the nation to which it was sent.
(2) In sub-paragraph (1), references to “packaging waste” do not include packaging waste which is, or was before it became waste, a deposit item for the purposes of a relevant deposit scheme.
14. The number of plastic or paper bags supplied in England in the following categories—
(a)single use carrier bags, within the meaning of the Single Use Carrier Bags Charges (England) Order 2015(12);
(b)bags made wholly or partly of plastic which—
(i)are supplied for use as packaging for food items including bread, fruit or vegetables; and
(ii)are not carrier bags within sub-paragraph (a);
(c)paper bags, of any thickness, which have handles, and which are not sealed.
Regulation 40
1.—(1) A producer’s obligations to recycle packaging waste in a relevant year are—
(a)for each packaging category the producer supplies, to recycle an amount of packaging waste in the corresponding packaging waste category (“the required amount”), as provided in paragraph 2(1); and
(b)in relation to glass, to satisfy part of the required amount by recycling an amount of glass packaging waste by re-melt, as provided in paragraph 2(2),
and are calculated by aggregating the producer’s obligations in relation to each specified packaging category supplied by the producer in that year.
(2) For the purposes of this Schedule—
(a)“packaging waste category” means a category of packaging waste specified in the first column of Table 1 in paragraph 3; and
(b)“specified packaging category” means a packaging category or group of packaging categories corresponding to a packaging waste category.
2.—(1) The amount of packaging waste to be recycled by a producer (“PR”) in a packaging waste category corresponding to a packaging category which PR supplies is calculated as follows—
where—
“X” is the amount in tonnes of packaging in that packaging category supplied by PR in the preceding year;
“Y” is the percentage prescribed in paragraph 3 as the recycling target for that packaging waste category for the relevant year; and
“Z” is the amount in tonnes of packaging waste in that packaging waste category which is to be recycled in the relevant year.
(2) Where in the preceding year PR has supplied any glass packaging, PR must recycle by re-melt an amount of glass packaging waste calculated as follows—
where—
“T” is the percentage target prescribed in paragraph 4 for the relevant year;
“L” is the amount in tonnes of glass packaging supplied by PR in the preceding year;
“Y” is the percentage prescribed in paragraph 3 as the recycling target for glass for the relevant year; and
“G” is the amount in tonnes of glass packaging waste which is to be recycled by re-melt in the relevant year.
(3) For the purposes of calculating X in sub-paragraph (1) and L in sub-paragraph (2), the amount of packaging in a packaging category, or glass packaging, supplied by PR is the amount supplied by PR in the United Kingdom in respect of which PR is a producer under any of regulations 16 to 21, calculated to the nearest tonne, excluding packaging which is exempt packaging either at the time of its supply or in the relevant year.
3. The following percentages are prescribed as the recycling target “Y” in respect of the category of packaging waste specified in the first column in relation to the years 2025 to 2030 as indicated—
| Category of packaging waste | 2025 | 2026 | 2027 | 2028 | 2029 | 2030 |
|---|---|---|---|---|---|---|
| Plastic | 55% | 57% | 59% | 61% | 63% | 65% |
| Wood | 45% | 46% | 47% | 48% | 49% | 50% |
| Aluminium | 61% | 62% | 63% | 64% | 65% | 67% |
| Steel | 80% | 81% | 82% | 83% | 84% | 85% |
| Paper, board or fibre-based composite material | 75% | 77% | 79% | 81% | 83% | 85% |
| Glass | 74% | 76% | 78% | 80% | 82% | 85% |
4. The following percentage targets are prescribed as the recycling targets “T” for glass packaging waste to be achieved by re-melt for the years 2025 to 2030 as indicated.
| 2025 | 2026 | 2027 | 2028 | 2029 | 2030 |
|---|---|---|---|---|---|
| 75% | 76% | 77% | 78% | 79% | 80% |
5. Where the appropriate agency is satisfied that a producer has instituted a system of using reusable packaging which has a life of at least four years, the producer’s obligations under this Schedule in relation to that packaging may be discharged by equal instalments over four years commencing with the year in which that packaging is first used.
6. For the purposes of this Schedule, recycling “by re-melt” means the recycling of waste glass packaging using a method that melts the glass before it is re-formed into a product.
Regulations 47 and 51
1. The information to be contained in the operational plan referred to in regulation 47(1)(b)(iv) for a compliance scheme is information demonstrating each of the matters in paragraphs 2 to 8.
2. That sufficient financial resources and technical expertise will be available to enable the scheme operator to perform its recycling obligations under regulation 43(3)(c).
3. How the recycling obligations of the scheme operator under regulation 43(3)(c) will be performed as regards each category of packaging waste relevant to those obligations including—
(a)the names and addresses of the reprocessors or exporters, or both, which the scheme operator intends to use; and
(b)the amounts to the nearest tonne of packaging waste in each category which the scheme operator proposes to recycle in the three years immediately following that year’s registration.
4. The steps the scheme operator proposes to take to recycle packaging waste in any of the categories relevant to the recycling obligations of the scheme operator under regulation 43(3)(c) in order not to affect adversely the interests of any producer who is a member of the compliance scheme, and whose recycling obligations are predominantly in relation to another category of packaging waste.
5. In relation to PERNs and PRNs which the scheme operator expects to acquire in each quarter of the three years immediately following that year’s registration, the tonnage of packaging waste in each category to which they are expected to relate.
6. The contracts the scheme operator anticipates will be made with reprocessors or exporters or both and packaging waste suppliers in the three years immediately following that year’s registration.
7. How the scheme operator is assisting reprocessors to direct resources at—
(a)increasing the capacity for the collection and recycling of packaging waste; and
(b)encouraging the development of markets for materials or goods made from packaging waste that has been recycled.
8. How information referred to in regulation 45(1) is to be monitored under a monitoring plan so that the scheme operator can meet its obligations under regulation 43.
9. The name of the compliance scheme.
10. The name of the scheme operator, and where the scheme operator is a partnership, the names of all the partners.
11. The address and telephone number of—
(a)the registered office of the scheme operator; or
(b)if not a company, the head office or principal place of business of the scheme operator.
12. The name and contact details, including an email address, of an individual at the scheme operator who is responsible for dealing with enquiries from the appropriate agency.
13. The business name of the scheme operator, if different from the name referred to in paragraph 10.
14. The address for service of notices on the scheme operator if different from that referred to in paragraph 11.
15. Full particulars of the agreement for the constitution of the scheme, including—
(a)the point at which a producer is considered to be a member of the compliance scheme;
(b)a sample of the contract between the scheme operator and members of the compliance scheme;
(c)any rules or regulations to be observed by members of the compliance scheme.
16. In relation to each producer who is a member of the compliance scheme—
(a)the information listed in Schedule 3;
(b)the producer’s turnover in the financial year referred to in paragraphs (1)(a) and (2)(a) of regulation 24, calculated in accordance with that regulation; and
(c)the amount, in tonnes, of packaging the producer supplied in the calendar year referred to in paragraphs (1)(b) and (2)(b) of regulation 24, calculated in accordance with that regulation;
(d)the name and contact details, including an email address, of an individual at the producer who is responsible for dealing with enquiries from the appropriate agency.
17. Which of the functions described in regulations 16 to 22 each member of the compliance scheme performs in relation to packaging.
18. If a member performs more than one such function, which function constitutes that member’s main activity as a producer.
19. The relevant SIC code for the function each member of the compliance scheme performs in relation to packaging or, where the member performs more than one such function, for the function which constitutes that member’s main activity as a producer.
20. Confirmation that the scheme operator has, where applicable, satisfied the requirements in regulations 55 and 56.
Regulation 58
1.—(1) The scheme administrator may enter into an agreement with a public body or with a private sector body for that body to perform any of the functions of the scheme administrator on behalf of the scheme administrator.
(2) The scheme administrator must obtain the consent of each of the appropriate authorities before entering into an agreement under sub-paragraph (1).
(3) References in these Regulations to the scheme administrator include a reference to any body which is performing any functions of the scheme administrator pursuant to an agreement entered into under sub-paragraph (1).
2. In exercising its functions, the scheme administrator is to act in accordance with the following principles—
(a)that it must act fairly in—
(i)the treatment of relevant authorities and producers across the United Kingdom;
(ii)the exercise of any discretions conferred on it by these Regulations; and
(iii)the recovery of disposal fees and administration fees owed by producers and holding companies, and the distribution under these Regulations of the amounts received by it in respect of disposal fees;
(b)that it must take into account differences in circumstances and, where it considers it appropriate, adjust the way in which it exercises its functions to reflect those different circumstances, in different parts of the United Kingdom;
(c)the need to incentivise—
(i)the use of environmentally sustainable packaging;
(ii)the prevention of packaging becoming waste;
(iii)an increase in the reuse of packaging, and in the quantity and quality of packaging materials recycled; and
(iv)a reduction in the disposal of packaging waste;
(d)the need to support the provision of efficient and effective waste management services by relevant authorities;
(e)the need to use its resources in the most efficient and effective way;
(f)the need to facilitate achievement of the environmental effects set out in the policy statement published under regulation 127;
(g)that it must exercise its functions transparently, accounting fully for all monies received by it, and disbursed by it in the exercise of its functions;
(h)that it is not to earn a profit from carrying out its functions under these Regulations.
3.—(1) The scheme administrator must make and maintain effective arrangements for—
(a)communicating with; and
(b)where required by these Regulations, or the scheme administrator otherwise considers it appropriate to do so, consulting,
the persons referred to in sub-paragraph (2).
(2) Those persons are—
(a)producers, packaging manufacturers, scheme operators, relevant authorities and waste management companies, or, where appropriate, persons appearing to the scheme administrator to represent the interests of any of those classes of persons; and
(b)any other persons appearing to the scheme administrator to have a legitimate interest in—
(i)the way in which it exercises its functions; or
(ii)the development of—
(aa)its proposals to exercise its functions; or
(bb)its strategy or annual operational plan.
4.—(1) The scheme administrator must make available to members of the public, and to businesses that discard packaging waste, information on—
(a)the reuse of packaging;
(b)the recovery, including recycling, and disposal of packaging waste; and
(c)the prevention of packaging litter.
(2) The scheme administrator may satisfy the obligation in sub-paragraph (1) by any of the following measures—
(a)conducting, or making arrangements for, national or local public information campaigns—
(i)to inform members of the public and businesses how to manage their packaging waste;
(ii)to encourage members of the public and businesses to reuse and recycle more packaging waste;
(iii)on the prevention of packaging litter;
(b)providing information or advice to the public on any of the matters referred to in paragraph (a) by any other means;
(c)publishing information on packaging, including on the recyclability of different types of packaging in use, and the extent to which different producers are using recyclable packaging and other types of environmentally sustainable packaging.
(3) In determining the type of public information campaigns to be carried out, and what the focus of those campaigns should be, the scheme administrator may take account of the following factors—
(a)the recycling rates of packaging waste of different packaging categories;
(b)the packaging waste items collected for recycling by relevant authorities, and whether any new items are added to recycling collections;
(c)differences in recycling behaviour of members of the public and businesses and differences in collection systems in different areas within the United Kingdom; and
(d)any other factor the scheme administrator considers relevant.
5.—(1) The scheme administrator may provide, or arrange for the provision of, information, guidance, and any other support the scheme administrator considers necessary, to businesses which are producers, to assist them in understanding and meeting their disposal cost obligations under these Regulations.
(2) The scheme administrator may determine what level of information, guidance or other support is required for the purposes of this paragraph, taking into account the needs of different classes of producer.
(3) In sub-paragraph (1), “disposal cost obligations” means—
(a)the obligation to pay disposal fees and administration fees under Part 5; and
(b)any other obligations which are connected to that obligation, including obligations to keep records, make reports of information, and carry out recyclability assessments, which are used for the purposes of calculating the producer’s disposal fees and administration fees.
6.—(1) The scheme administrator must produce guidance on the methodology and procedure that the scheme administrator will use and, where relevant, the factors that the scheme administrator will take into account, in—
(a)assessing the efficient disposal costs of relevant authorities under regulation 70;
(b)assessing the waste income of relevant authorities under regulation 71; and
(c)determining whether to adjust, and making adjustments to, the net efficient disposal costs of relevant authorities under regulation 72(8).
(2) The scheme administrator must publish the guidance under sub-paragraph (1) as soon as reasonably practicable after regulations 70 to 72 come into force, in such a manner that it is likely to come to the attention of relevant authorities, producers and any other persons likely to have an interest in the guidance.
(3) The scheme administrator must, each year—
(a)review the guidance under sub-paragraph (1); and
(b)publish revised guidance by 1st November in that year, if it decides to amend the guidance which is to apply in relation to assessments and adjustments for the following assessment year.
(4) The scheme administrator may provide, or arrange for the provision of—
(a)guidance to relevant authorities on the information the scheme administrator needs to assess the chargeable disposal costs of a relevant authority for the purposes of Chapter 4 of Part 5; and
(b)information, guidance, advice and any other support the scheme administrator considers necessary to relevant authorities as to how they may—
(i)deliver efficient and effective waste management services; and
(ii)increase the amount of packaging waste collected for recycling.
(5) The scheme administrator may determine what level of information, guidance, advice or other support is required for the purposes of sub-paragraph (4), taking into account the needs of different relevant authorities.
7. The scheme administrator must—
(a)develop, or arrange for the development of, and maintain—
(i)a methodology which producers must use to assess the recyclability of the packaging they supply;
(ii)guidance on the use of that methodology;
(b)publish that methodology and guidance in the way appearing to the scheme administrator to be most appropriate to bring them to the attention of producers.
8.—(1) The scheme administrator must prepare and issue a statement of its policy with respect to modulating under regulation 64 the amounts calculated under regulation 62 and used in determining a liable producer’s disposal fee, in which it explains the circumstances in which those amounts may be increased, reduced or left unchanged.
(2) Subject to sub-paragraph (6), before issuing a statement of policy under sub-paragraph (1), the scheme administrator must—
(a)send a draft of the proposed statement to each of the appropriate authorities; and
(b)publish a draft of the proposed statement in the way appearing to the scheme administrator to be most appropriate for the purpose of bringing it to the attention of producers and other parties appearing to the scheme administrator to have an interest in the policy.
(3) The draft must be accompanied by notice that representations about the proposal may be made by an appropriate authority, by producers who are liable to pay disposal fees or by any other person having an interest in the proposal, to the scheme administrator within a specified time, which may not be less than 28 days after the day on which that notice is given.
(4) Before issuing the statement, the scheme administrator must have regard to any written representations made to it in accordance with sub-paragraph (3).
(5) If the statement is issued, the scheme administrator must publish with it an account, in general terms, of the written representations made to it in accordance with sub-paragraph (3), and the scheme administrator’s response to them.
(6) Sub-paragraphs (2) to (5) apply in relation to all statements of policy (including revised statements of policy), except for the first statement of policy published by the scheme administrator under sub-paragraph (1).
(7) The scheme administrator must—
(a)publish the first statement of policy issued under sub-paragraph (1) as soon as practicable after the day on which the scheme administrator is appointed under regulation 58;
(b)review its statement of policy at least once every three years, and if necessary issue a revised statement of policy.
9.—(1) The scheme administrator must compile a list of items of packaging which are commonly disposed of in public bins or as ground litter (“commonly binned or littered items”), from the best evidence available to the scheme administrator.
(2) The scheme administrator must compile a list of—
(a)the items which are collected for recycling from households by each relevant authority in each part of the United Kingdom;
(b)those items which are collected for recycling from households by more than 75% of the relevant authorities in the United Kingdom responsible for waste collection.
(3) The scheme administrator must update the lists compiled under sub-paragraphs (1) and (2) at least once every two years after they are first published, and if the scheme administrator considers it necessary, more often.
(4) The scheme administrator must publish the lists compiled under sub-paragraphs (1) and (2), and any updated versions of those lists, in the way which appears to the scheme administrator to be most likely to draw them to the attention of producers, relevant authorities and any other persons appearing to the scheme administrator to have an interest in the lists.
10. The scheme administrator must establish a procedure to manage and resolve complaints by producers and relevant authorities as to the way in which the scheme administrator exercises its functions under the Regulations, including in particular—
(a)complaints by liable producers in relation to the assessment of—
(i)the disposal fee or the administration fee which they are liable to pay for an assessment year under regulation 60(2); or
(ii)any recalculation of their disposal fee or administration fee under regulation 79; and
(b)complaints by relevant authorities in relation to—
(i)the assessment of their chargeable disposal costs under regulations 70 to 72;
(ii)any decision concerning the payments they are due to receive towards their chargeable disposal costs under regulation 76; or
(iii)any recalculation of their chargeable disposal costs under regulation 80.
11.—(1) The scheme administrator must before the end of the period of 6 months beginning with the date on which it is appointed publish a strategy setting out—
(a)its objectives and functions;
(b)the outcomes it will seek to achieve;
(c)its governance arrangements;
(d)how it proposes to deliver its objectives and to exercise its functions;
(e)how, by performing its functions, it will contribute to—
(i)the use of environmentally sustainable packaging by producers who are subject to obligations under these Regulations;
(ii)the provision of efficient and effective waste management services by relevant authorities, and the collection of a common set of packaging materials for recycling from households;
(iii)enabling consumers and businesses to discard packaging waste correctly through the provision of public information and communication campaigns;
(iv)the achievement of the environmental effects set out in the policy statement required under regulation 127;
(v)the achievement of other relevant policy objectives in each nation of the United Kingdom.
(f)its approach to engaging with stakeholders and other organisations having a legitimate interest in the way in which it performs its functions;
(g)how it will measure and report on—
(i)the delivery of its objectives;
(ii)the impact of the contributions referred to in paragraph (e).
(2) Before publishing the strategy, the scheme administrator must send a draft of its proposed strategy to each appropriate authority, and allow the authority at least one month to make representations to the scheme administrator on the strategy.
(3) The scheme administrator must take any representations made to it under sub-paragraph (2) into account in finalising its strategy for publication.
(4) If the scheme administrator makes any changes to its strategy, it must publish an updated version as soon as reasonably possible.
(5) The strategy must be reviewed and updated at intervals of not more than 5 years after it is first published.
12.—(1) The scheme administrator must publish an operational plan each year by 28th February setting out—
(a)its priorities for the financial year starting on the following 1st April (“the operational year”);
(b)forecasts of—
(i)the total amount of chargeable disposal costs of all relevant authorities in the operational year;
(ii)the amounts of public information disposal costs and administration costs the scheme administrator expects to incur in the operational year;
(iii)the amounts of disposal fees and administration fees it will seek to recover in the operational year;
(c)the approach it proposes to take in the operational year to calculating disposal fees payable by liable producers and assessing chargeable disposal costs of relevant authorities under Part 6;
(d)the public information campaigns and other communications activities it proposes to conduct in the operational year;
(e)any other activities it intends to carry out in the operational year; and
(f)the key performance indicators it will apply.
(2) Before publishing the operational plan, the scheme administrator must send a draft of its proposed operational plan to each appropriate authority and allow the authority at least one month to make representations to it on the plan.
(3) The scheme administrator must take any representations made to it under sub-paragraph (2) into account in finalising its operational plan.
(4) If the scheme administrator makes any changes to its operational plan, it must publish an updated version as soon as reasonably possible.
13.—(1) The scheme administrator must publish a report each year by 30th September which—
(a)describes the activities undertaken by the scheme administrator in the exercise of its functions during the financial year ending on 31st March of that year;
(b)sets out—
(i)the total amount of disposal fees raised from producers;
(ii)the total amount paid to each relevant authority towards its disposal costs;
(iii)how the scheme administrator has used its resources in the most efficient and effective way;
(c)describes—
(i)the impact of its fees policy on the use of environmentally sustainable packaging; and
(ii)the contribution the scheme administrator has made to the achievement of the outcomes described in its strategy;
(d)sets out what activities the scheme administrator has undertaken in the United Kingdom as a whole and, where relevant, in each nation of the United Kingdom;
(e)describes its performance against the key performance indicators for the United Kingdom as a whole and, where relevant, for each nation of the United Kingdom.
(2) Before publishing the report, the scheme administrator must send a draft of its proposed report to each appropriate authority and allow the authority at least one month to make representations to the scheme administrator on the report.
(3) The scheme administrator must take any representations made to it under sub-paragraph (2) into account in finalising its report.
14.—(1) The scheme administrator must—
(a)keep proper accounts and proper accounting records in relation to the exercise of its functions under these Regulations (“the relevant functions”);
(b)prepare in respect of each financial year a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the scheme administrator in relation to the relevant functions, including details of—
(i)the fees paid to the scheme administrator by producers under regulation 60(2);
(ii)the amounts distributed under regulation 76 to—
(aa)each relevant authority; and
(bb)relevant authorities in each nation of the United Kingdom; and
(iii)any amounts owed to, and by, the scheme administrator.
(2) Each statement of accounts must—
(a)be consistent with IFRS Accounting Standards; and
(b)comply with any directions given jointly by all of the appropriate authorities, so far as those directions are consistent with IFRS Accounting Standards, as to—
(i)its content and form;
(ii)the methods and principles to be applied in preparing it.
(3) The scheme administrator must publish the statement of accounts prepared under sub-paragraphs (1) and (2) before 30th September after the end of the financial year to which it relates.
(4) In this paragraph “accounting records” include all books, papers and other records of the scheme administrator relating to, or to matters dealt with in, the accounts required to be kept by virtue of this paragraph.
Regulations 85, 86, 91 and 98
1. The name of the reprocessor, and the address and telephone number of the registered office of the reprocessor or, if not a company, the head office or the principal place of business of the reprocessor.
2. The name and contact details, including an email address, of an individual at the reprocessor who is responsible for dealing with enquiries from the appropriate agency.
3. The trading name of the reprocessor if different from that the name referred to in paragraph 1.
4. The address for service of notices on the reprocessor if different from that referred to in paragraph 1.
5. Where the reprocessor is a partnership, the names of all the partners.
6. The name and address of the reprocessing site for which the application is being made.
7. A list of all the categories of packaging waste the site is authorised by a relevant authorisation to accept and recycle, with details of the weight of packaging waste in each category which the site is authorised to accept and recycle.
8. The category of packaging waste for which the application is being made.
9. Information on the recycling operations the reprocessor wishes the registration to cover, including the classification of each operation provided for in Annex 2 to the Waste Directive.
10. The name of the exporter, and the address and telephone number of the registered office of the exporter or, if not a company, the head office or the principal place of business of the exporter in the United Kingdom.
11. The name and contact details, including an email address, of an individual at the exporter who is responsible for dealing with enquiries from the appropriate agency.
12. The trading name of the exporter if different from the name referred to in paragraph 10.
13. The address for service of notices on the exporter if different from that referred to in paragraph 10.
14. Where the exporter is a partnership, the names of all the partners.
15. The category of packaging waste for which the application is being made.
16. The locations in the United Kingdom from which the packaging waste is to be exported by the exporter.
17. In relation to each overseas reprocessing site to which the exporter will export the packaging waste, where known at the date of the application—
(a)the name and address of the overseas reprocessing site; and
(b)a telephone number and email address of the operator of the site.
18. Information on the recycling operations carried out at the overseas reprocessing sites specified under paragraph 17, including the classification of each operation provided for in Annex 2 to the Waste Directive.
19.—(1) In this Part, “reporting period” means—
(a)a quarter, in the case of a registered reprocessor or exporter; or
(b)a month, in the case of an accredited reprocessor or exporter.
(2) A report under paragraph 20 or 21 must be—
(a)made in the form specified by the appropriate agency; and
(b)verified by an approved person of the reprocessor or exporter.
20. A reprocessor must report the following information to the appropriate agency for each category of packaging waste handled at each reprocessing site for which they are registered—
(a)the weight of packaging waste in that category received at the reprocessing site for recycling in the reporting period;
(b)details of each person from whom packaging waste was received at the reprocessing site for recycling, including—
(i)the name, address, telephone number and email address of that person;
(ii)a description of the role that person has in relation to the packaging waste, with details of what they do to the waste (for example, details of any sorting, cleaning or processing activities, or transportation of the waste, carried out by that person);
(c)the weight of packaging waste in that category recycled in the reporting period by the reprocessor at the reprocessing site;
(d)the weight of packaging waste in that category received at the reprocessing site in the reporting period which was not recycled by the reprocessor at the site (“unrecycled packaging waste”);
(e)the weight of unrecycled packaging waste in that category which, in the reporting period, was—
(i)sent to another reprocessor;
(ii)exported; or
(iii)sent to any other facility or site;
(f)the final destination in the United Kingdom of all unrecycled packaging waste in that category, identifying each facility or site to which that unrecycled packaging waste was sent in the reporting period.
21. An exporter must report the following information to the appropriate agency for each category of packaging waste for which they are registered—
(a)the weight of packaging waste in that category received by the exporter for exporting in each reporting period;
(b)details of the persons in the United Kingdom from whom the packaging waste was received by the exporter, including—
(i)the name, address, telephone number and email address of that person;
(ii)a description of the role that person has in relation to the packaging waste;
(c)the weight of packaging waste in that category exported for recycling in the reporting period, and details of each overseas reprocessing site to which any of that waste was exported;
(d)the weight of packaging waste in that category exported for recycling in the reporting period which was—
(i)refused by the recipient destination; or
(ii)stopped during the course of export;
(e)the weight of packaging waste referred to in sub-paragraph (d)(i) and (ii) which has been repatriated in the reporting period;
(f)details of the weight of packaging waste in that category received by the exporter in the reporting period which has not been exported by the exporter (“unexported packaging waste”);
(g)the weight of unexported packaging waste in that category which, in the reporting period, was—
(i)sent to a reprocessor in the United Kingdom;
(ii)sent to another exporter in the United Kingdom; or
(iii)sent to any other facility or site in the United Kingdom;
(h)the final destination in the United Kingdom of all unexported packaging waste in that category, identifying each facility or site to which that unexported packaging waste was sent in the reporting period.
22.—(1) In this Part, a reference to the weight of packaging waste received for recycling is to the weight in tonnes of the recyclable proportion of that packaging waste, calculated in accordance with sub-paragraphs (2) and (3).
(2) The recyclable proportion may be calculated as one of the following amounts—
(a)the actual weight of packaging waste in a category received by the reprocessor for recycling, or by the exporter for exporting to an overseas reprocessing site for recycling, after deduction of everything which is not packaging waste in that category;
(b)the percentage of packaging waste specified in any protocol for packaging waste recycling which is approved by the appropriate agencies as applying to recycling of that category of packaging waste; or
(c)the amount identified by applying the sampling and inspection plan approved by the appropriate agency under regulation 97(1)(a) in relation to the category of packaging waste in question.
(3) The “recyclable proportion” is not to include any packaging waste which—
(a)is not in the same category of packaging waste as the waste being recycled; or
(b)does not originate in the United Kingdom.
23.—(1) A reprocessor who has an accreditation for a year (an “accreditation year”) must comply with—
(a)the conditions in paragraphs 24(1) to (4), 25, 31 and 32 in relation to any PRNs which the reprocessor issues pursuant to that accreditation, including PRNs which the reprocessor issues after the end of the accreditation year under regulation 92(1)(c);
(b)the condition in paragraph 24(5) by the end of the year following the accreditation year;
(c)the condition in paragraph 26(1) (monthly reports) for each month starting with February in the accreditation year and ending with February in the following year;
(d)the condition in paragraph 26(2) (annual report) by 28th February in the year following the accreditation year;
(e)the condition in paragraph 30 during the accreditation year.
(2) An exporter who has an accreditation for an accreditation year must comply with—
(a)the conditions in paragraphs 27, 28, 31 and 32 in relation to any PERNs which the exporter issues pursuant to that accreditation, including PERNs which the exporter issues after the end of the accreditation year under regulation 92(2)(c);
(b)the condition in paragraph 29(1) (monthly reports) for each month starting with February in the accreditation year and ending with February in the following year;
(c)the condition in paragraph 29(2) (annual report) by 28th February in the year following the accreditation year;
(d)the condition in paragraph 30 during the accreditation year.
24.—(1) A reprocessor may only issue a PRN in relation to packaging waste if the packaging waste is received for recycling at a reprocessing site, and is of a category of packaging waste, for which the reprocessor has an accreditation at the time the waste is received.
(2) A reprocessor may not issue a PRN for more than the recyclable proportion, as calculated in accordance with paragraph 22, of packaging waste which meets the conditions in sub-paragraph (1).
(3) A reprocessor must not, in relation to a category of packaging waste and a reprocessing site, issue PRNs for more packaging waste than—
(a)the upper limit of the tonnage band for which the reprocessor is accredited; or
(b)the amount which the reprocessor has capacity to recycle at that reprocessing site by the end of the year after the year in which it is received.
(4) A reprocessor must ensure that any PRN it issues which relates to packaging waste received for recycling in December of a year specifies that fact.
(5) A reprocessor must recycle at the reprocessing site at least the amount of packaging waste in each category received at that site for which it has issued PRNs, by no later than the end of the year following the year in which the packaging waste was received at the site.
25. A reprocessor must, in relation to each PRN it issues, keep records—
(a)identifying the load of packaging waste to which the PRN relates, and when that waste was recycled; and
(b)of evidence demonstrating—
(i)that the issue of the PRN was in accordance with paragraph (1), and the amount of packaging waste for which the PRN was issued was in accordance with paragraph 24(2);
(ii)that the packaging waste received for recycling at the reprocessing site has been recycled.
26.—(1) A reprocessor must provide a monthly report to the appropriate agency before the 21st day of each month setting out—
(a)for each category of packaging waste in respect of which the reprocessor issued PRNs in the previous calendar month—
(i)the tonnage of packaging waste for which PRNs were issued by the reprocessor in that month;
(ii)the average price per tonne of packaging waste received by the reprocessor for the sale of PRNs in that month;
(iii)the total revenue generated by the reprocessor from the sale of PRNs in that month;
(b)the information set out in paragraphs 20 and 25.
(2) A reprocessor must provide an annual report to the appropriate agency before 28th February in each year which sets out—
(a)all the information provided in the reprocessor’s monthly reports which relate to each month of the previous calendar year;
(b)the amount of revenue generated from the sale of PRNs in the previous calendar year;
(c)what that amount has been spent on, including information on the matters set out in regulation 96(4) and accounting for the whole of that amount;
(d)any deviation during the previous calendar year from the reprocessor’s business plan, explaining the reasons for it.
(3) The reports required to be made by a reprocessor under sub-paragraphs (1) and (2) must be—
(a)in the form specified by the appropriate agency; and
(b)verified by the signature of an approved person of the reprocessor.
27.—(1) An exporter may only issue a PERN in relation to packaging waste if—
(a)the packaging waste—
(i)is of a category for which the exporter has an accreditation at the time of its export; and
(ii)has been exported for recycling at an overseas reprocessing site specified in that accreditation;
(b)the packaging waste has been exported in accordance with the legislation referred to in regulation 88(1)(h);
(c)the exporter—
(i)is the legal owner of the packaging waste at the point of export; or
(ii)the exporter has transferred legal ownership of the packaging waste to the person responsible for the operation of the overseas reprocessing site to which the waste is exported, and that person is its legal owner at the point of export;
(d)the exporter has evidence that the packaging waste has been received at the overseas reprocessing site, and of the tonnage of packaging waste received;
(e)the exporter has up-to-date information that the recycling operations taking place at the overseas reprocessing site take place under conditions that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom.
(2) An exporter must not issue a PERN for more than the recyclable proportion, as calculated in accordance with paragraph 22, of packaging waste which meets the conditions in sub-paragraph (1).
(3) An exporter must ensure that any PERN it issues which relates to packaging waste received at an overseas reprocessing site for recycling in December of a year specifies that fact.
(4) An exporter must not, in relation to a category of packaging waste, issue PERNs for more packaging waste than the upper limit of the tonnage band for which the exporter is accredited.
(5) An exporter who exports packaging waste to an overseas reprocessing site via an interim site which handles the waste before the waste is sent on to its final destination at an overseas reprocessing site—
(a)must, before exporting packaging waste to an interim site, provide to the appropriate agency in such manner as the appropriate agency specifies—
(i)the name and address of the interim site; and
(ii)an email address and telephone number of the operator of the site;
(b)may only issue PERNs for the weight of packaging waste received for recycling at the overseas reprocessing site.
28. An exporter must, in relation to each PERN it issues, keep records—
(a)identifying the load of packaging waste to which the PERN relates, and when that waste was exported for recycling; and
(b)of evidence demonstrating—
(i)that the issue of the PERN was in accordance with paragraph (1), and the amount of packaging waste for which the PERN was issued was in accordance with paragraph 27(2);
(ii)that the packaging waste to which the PERN relates has been received for recycling at the overseas reprocessing site to which it has been exported, and the tonnage of packaging waste received at the overseas reprocessing site;
(iii)that the packaging waste to which the PERN relates has been recycled by no later than the end of the year after the year in which it is received at the overseas reprocessing site.
29.—(1) An exporter must provide a monthly report to the appropriate agency before the 21st day of each month setting out—
(a)for each category of packaging waste in respect of which the exporter issued PERNs in the previous calendar month—
(i)the tonnage of packaging waste for which PERNs were issued by the exporter in that month;
(ii)the average price per tonne of packaging waste received by the exporter for the sale of PERNs in that month;
(iii)the total revenue generated by the exporter from the sale of PERNs in that month;
(b)the information set out in paragraphs 21 and 28.
(2) An exporter must provide an annual report to the appropriate agency before the end of February in each year which sets out—
(a)all the information provided in the exporter’s monthly reports which relate to each month of the previous calendar year;
(b)the amount of revenue generated from the sale of PERNs in the previous calendar year;
(c)what that amount has been spent on, including information on the matters set out in regulation 96(4) and accounting for the whole of that amount;
(d)any deviation during the previous calendar year from the exporter’s business plan, explaining the reasons for it.
(3) The reports required to be made by a exporter under sub-paragraphs (1) and (2) must be—
(a)in the form specified by the appropriate agency; and
(b)verified by the signature of an approved person of the exporter.
30. A reprocessor or exporter must—
(a)implement the business plan referred to in regulation 94(3)(b)(ii) or 95(3)(b)(ii);
(b)operate in accordance with the sampling and inspection plan approved by the appropriate agency under regulation 97(1)(a); and
(c)implement all other procedures and policies set out in their application for an accreditation and in any subsequent application to vary an accreditation.
31. A reprocessor or exporter—
(a)must not issue PRNs or PERNs to any person other than a producer or scheme operator or their representative;
(b)must issue PRNs or PERNs in a manner which least hinders the ability of any person to acquire PRNs and PERNs;
(c)may not issue PRNs or PERNs in relation to any packaging waste which is a deposit item;
32. The records required to be kept by a reprocessor under paragraph 25 or by an exporter under paragraph 28 must be—
(a)maintained for each month in a summary log in a format specified by the appropriate agency;
(b)retained by the reprocessor or exporter for at least 7 years after the end of the year in which the record is made; and
(c)made available to the appropriate agency on demand.
Regulation 101
1.—(1) This Schedule applies where, in relation to a relevant year, two or more bodies corporate in the same corporate group are each producers.
(2) In this Schedule—
“relevant group member” means a body corporate which is—
a producer; and
a member of a corporate group, two or more members of which are producers;
“the threshold criteria” means the criteria in paragraph (1) or (2) of regulation 24 read together with paragraphs (3) to (7) of that regulation.
2.—(1) If, in relation to a relevant year—
(a)the aggregate of the turnovers of each relevant group member in a corporate group in the financial year referred to in regulation 24(1)(a) satisfies the threshold criterion in that paragraph; and
(b)the aggregate of the amounts of packaging supplied by each relevant group member in the calendar year referred to in regulation 24(1)(b) satisfies the threshold criterion in that paragraph,
every relevant group member in the corporate group is a large producer in relation to the relevant year, whether or not it would satisfy those criteria if it were not a member of the group.
(2) If, in relation to a relevant year—
(a)the aggregate of the turnovers of each relevant group member in a corporate group in the financial year referred to in regulation 24(2)(a) satisfies the threshold criterion in that paragraph; and
(b)the aggregate of the amounts of packaging supplied by each relevant group member in the calendar year referred to in regulation 24(2)(b) satisfies the threshold criterion in that regulation; but
(c)one or both of the criteria in paragraph (1)(a) and (b) are not satisfied,
each relevant group member is a small producer in relation to the relevant year, whether or not it would satisfy the tests referred to in sub-paragraphs (a) and (b) if it were not a member of the group.
3. Subject to regulation 42, a relevant group member must comply with its obligation under regulation 25(1)(a) to be registered with the appropriate agency for a relevant year by—
(a)being registered separately for that year with the appropriate agency as required by regulation 25(1)(a), in which case the relevant group member has its own obligations under these Regulations; or
(b)being registered for that year with the appropriate agency as part of a group registration on an application under paragraph 4, in which case paragraphs 5 and 6 apply.
4.—(1) An application to the appropriate agency for a group registration must be made by the holding company of a corporate group, whether or not the holding company is a producer.
(2) The application must be submitted to the appropriate agency—
(a)in relation to 2025, on or before 1st April 2025;
(b)in relation to 2026 or any subsequent year, on or before—
(i)the date specified in regulation 28(1)(b)(i), if any of the relevant group members included in the application would be required to apply for registration by that date if they were applying for registration separately; or
(ii)the date specified in regulation 28(1)(b)(ii) in any other case.
(3) The application must—
(a)be made in such form and manner as the appropriate agency specifies;
(b)include the information set out in Schedule 3 for each body corporate to be included in the group registration;
(c)be accompanied by such other information as the appropriate agency may reasonably require to determine the application;
(d)be verified by the signature of an approved person of the holding company; and
(e)be accompanied by payment of the sum of—
(i)the charge under paragraph 2(1)(a) to (c) of Schedule 1 for the holding company (which in the case of a holding company which is not a producer is payable as if it were a producer);
(ii)the charge under paragraph 2(1)(d) of Schedule 1 for each subsidiary; and
(iii)the additional charge for late registration under paragraph 2(2) of Schedule 1 for the holding company and for each subsidiary, if the application is made after the date referred to in sub-paragraph (2).
(4) Regulation 30 applies to the application with the modifications that—
(a)the reference to “the producer” in paragraph (1)(a), the first reference in paragraph (2)(a) and the references in paragraphs (2)(b) and (3) were references to the holding company;
(b)the second and third references to “the producer” in paragraph (2)(a) and the reference in paragraph (2)(c) were references to each body corporate included in the application;
(c)the reference to “the producer’s registration” in paragraph (2)(c) were a reference to “that body corporate’s registration”.
(5) If registration is granted, the registration is subject to—
(a)the condition that the holding company and each subsidiary registered as part of the group registration comply with the obligations which they have respectively under paragraph 5 below; and
(b)the conditions in regulation 31(b) to (e), read with the modifications that—
(i)the first reference to P in regulation 31(c), the first and second references in regulation 31(d) and the first reference in regulation 31(e) were references to the holding company; and
(ii)all other references to P were references to the holding company or any subsidiary registered as part of the group registration.
(6) Regulation 32 applies in relation to the registration, with the modifications that—
(a)the references to “a producer” in the opening words of paragraphs (1) and (2), and to “the producer” in paragraph (2)(b), were references to the group;
(b)the references to “the producer” in paragraphs (1)(a) and (b) were references to the holding company or any subsidiary registered as part of the group registration;
(c)the reference in paragraph (1)(a) to the conditions in regulation 31 were a reference to the conditions in sub-paragraph (5) above;
(d)paragraph (2)(a) does not apply; and
(e)the notice required by paragraph (3) is to be served on the holding company.
(7) If any of the circumstances in regulation 27(1) applies to a relevant group member in the group registration, the holding company must apply to the appropriate authority to amend the group registration by removing that relevant group member from the registration.
5.—(1) Where there is a group registration—
(a)the relevant group members in the group registration, other than the holding company, are exempt from complying with their obligations under paragraph (1)(a), (c) and (d), paragraph (2) and paragraph (3)(a) and (c) of regulation 25 for the relevant year;
(b)the holding company, whether or not it is a producer, must comply with the obligations in paragraph (1)(c) and (d) and paragraph (3)(a) and (c) of regulation 25 which each relevant group member in the group registration that is a producer would have had, but for paragraph (a);
(c)the holding company and a subsidiary registered as part of the group registration must both keep—
(i)the records specified in relation to the subsidiary in regulation 34(1), in accordance with regulation 34(2); and
(ii)records of any assessments carried out of the recyclability of the packaging which the subsidiary supplies, in accordance with regulation 34(5).
(2) Where, under paragraph 2, each relevant group member in a group registration is a large producer—
(a)the holding company has recycling obligations for the relevant year which are the aggregate of the recycling obligations which each relevant group member in the group registration would have had but for the group registration; and
(b)the holding company must provide to the appropriate agency a certificate of compliance in accordance with regulation 41 in relation to those recycling obligations.
(3) For the purposes of sub-paragraph (1)(b), regulation 39 applies in relation to reports made by the holding company, with the modifications that—
(a)the report must be verified by the signature of the approved person of the holding company; and
(b)the references to a producer in paragraph (3) are to be treated as references to the holding company.
(4) For the purposes of sub-paragraph (2)(a), regulation 40 applies with the modifications that references to a large producer are to be treated as references to the holding company.
6.—(1) Where one or more relevant group members in a group registration, other than the holding company, is a liable producer under regulation 60 in relation to an assessment year—
(a)the liability of each of those persons under regulation 60(2) to pay disposal fees and administration fees is transferred to the holding company; and
(b)the holding company is liable to pay to the scheme administrator in accordance with regulation 68—
(i)an amount equal to the sum of the disposal fees, and
(ii)an amount equal to the sum of the administration fees,
which would, apart from this paragraph, be payable by each relevant group member in the group registration.
(2) For the purposes of sub-paragraph (1), the provisions referred to in sub-paragraphs (3) and (4) apply with the modifications in those sub-paragraphs.
(3) Chapter 3 of Part 5 applies with the modifications that—
(a)in regulations 60(3) and 61 to 66, any reference to a fee payable by a liable producer is to be treated as a reference to a fee payable by the holding company in relation to a relevant group member which is a liable producer;
(b)the notice of liability required by regulations 60(3)(b) and 67 is to be served on the holding company and is to state—
(i)the total amounts of the disposal fees and administration fees payable by the holding company under sub-paragraph (1)(b)(i) and (ii) above;
(ii)the information in regulation 67(2)(a) to (e) for the holding company, if it is a liable producer, and for each relevant group member whose liability has transferred to the holding company;
(iii)the information in regulation 67(2)(f) to (h) and (3), with regulation 67(2)(h) being read as if the reference to the producer were a reference to the holding company.
(4) In Chapter 5 of Part 5, regulations 78(1)(a), 79, 81 and 82 apply with the modifications that references to a liable producer, an affected producer or the producer are to be treated as references to the holding company, except for the reference to the producer in regulation 79(2)(a)(i) which is to be treated as a reference to the holding company, if it is a liable producer, and to any relevant group member whose liability has transferred to the holding company.
7. Paragraphs 8 to 11 apply where a corporate body which is a producer (“NC”) joins a corporate group and becomes a relevant group member.
8. NC must be registered with the appropriate agency either—
(a)separately as referred to in paragraph 3(a); or
(b)by being added to a group registration under Part 1 of this Schedule, and for the purposes of this paragraph—
(i)such registration is effected upon notice being given by the holding company to the appropriate agency of the change in the group registration; and
(ii)where prior to joining the group of companies the company was registered with the appropriate agency, the appropriate agency must cancel that registration, and regulation 32(3) applies to that cancellation as it applies to a cancellation under regulation 32(2).
9.—(1) Where, in relation to the year in which NC joins the corporate group, NC is added to a group registration—
(a)if NC satisfies the threshold criteria as an individual producer, paragraph 5 applies as if NC had been part of the group registration for the whole year;
(b)if NC does not itself satisfy the threshold criteria, paragraph 5 applies with the modification in sub-paragraph (2).
(2) The obligation of the holding company is to be calculated as a proportion of the company’s recycling obligations, disposal fee obligations and administration fee obligations for the year in which it joins the group, such proportion being calculated as provided in paragraph 11.
10.—(1) Where in relation to the year in which NC joins the corporate group, NC is registered separately with the appropriate agency—
(a)if NC satisfies the threshold criteria as an individual producer, NC must comply with its obligations under these Regulations for that year;
(b)if NC does not itself satisfy the threshold criteria, NC must comply with its obligations under these Regulations for that year as varied by sub-paragraph (2).
(2) The obligation of NC is to be calculated as a proportion of its recycling obligations, disposal fee obligations and administration fee obligations for the year in which it joins the group, such proportion being calculated as provided in paragraph 11.
11. The proportion referred to in paragraphs 9(2) and 10(2) is to be calculated as 
“G” is the number of days in the relevant year during which the company is a member of the corporate group; and
“H” is the number of days in the relevant year.
12. Paragraphs 13 and 14 apply where a relevant group member (“XC”) ceases to be a member of a corporate group.
13. Where, in relation to the year during which XC leaves the corporate group, XC is registered with the appropriate agency as part of a group registration—
(a)if XC satisfies the threshold criteria as an individual producer—
(i)XC must register with the appropriate agency as required by regulation 25(1)(a) within a period of 28 days starting with the day on which XC ceases to be a member of the group, and regulations 29 to 32 apply as if this were an occurrence specified in regulation 28(3)(a); but
(ii)the holding company must comply with XC’s obligations under these Regulations for that year;
(b)if XC does not satisfy the threshold criteria as an individual producer, the holding company must continue to comply with the obligations under these Regulations which XC had for that year as a relevant group member.
14. Where, in relation to the year during which XC leaves the corporate group, XC is registered separately with the appropriate agency—
(a)if XC itself satisfies the threshold criteria, XC must comply with its obligations under these Regulations for that year as an individual producer;
(b)if XC does not itself satisfy the threshold criteria, the holding company must comply with the obligations under these Regulations which XC had for that year as a relevant group member.
15. Paragraphs 16 and 17 apply where a relevant group member (“CC”) of one corporate group (“the first group”) ceases to be a member of that group and, in the same calendar year, becomes a member of another corporate group (“the second group”).
16. Where, immediately before leaving the first group, CC is registered with the appropriate agency as part of a group registration, the holding company of the first group must continue to comply with CC’s obligations under these Regulations for the whole of the year in which CC changes groups.
17. Where, immediately before leaving the first group, CC is registered separately with the appropriate agency, CC must comply with its obligations under the Regulations for the whole of the relevant year.
Regulation 102
1. In this Part of this Schedule—
(a)a “licence agreement” means an agreement or a number of related agreements in or under which one person (the “licensor”) grants another person (the “licensee”) a licence that—
(i)allows the licensee to use a trade mark as the name under which the licensee sells or otherwise supplies from premises goods that are associated with that trade mark; and
(ii)includes an obligation (whether expressed as a positive obligation or as a prohibition or restriction) on the licensee that relates to the presentation of those premises; and
(b)“licensor” and “licensee” are to be interpreted in accordance with sub-paragraph (a).
2.—(1) A licensor (“LR”) has the obligations set out in paragraphs 5 and 6, where the case in paragraph 3 or the case in paragraph 4 applies.
(2) Where the case in paragraph 4 applies, LR’s obligations under paragraphs 5 and 6 are in addition to LR’s producer responsibility obligations.
3. The case in this paragraph is that—
(a)LR—
(i)is a producer, and has a turnover which meets the criterion in regulation 24(2)(a); but
(ii)does not have producer responsibility obligations, because the amount of packaging supplied by LR does not meet the criterion in regulation 24(2)(b);
(b)one or more of LR’s licensees are producers, but do not have producer responsibility obligations because they do not meet one or both of the criteria in regulation 24(2); and
(c)the total amount of packaging specified in paragraph 7 which is supplied by LR and the licensees referred to in sub-paragraph (b) meets the criterion in regulation 24(2)(b).
4. The case in this paragraph is that—
(a)LR has producer responsibility obligations;
(b)one or more of LR’s licensees are producers, but do not have producer responsibility obligations because they do not satisfy one or both of the criteria in regulation 24(2);
(c)the total amount of packaging specified in paragraph 7 which is supplied by the licensees referred to in sub-paragraph (b) meets the criterion in regulation 24(2)(b).
5.—(1) Where LR has obligations under this Part, LR must collect the data referred to in sub-paragraph (2) in relation to packaging specified in paragraph 7 which is supplied by—
(a)LR and the licensees referred to in paragraph 3(b), where the case in paragraph 3 applies; or
(b)the licensees referred to in paragraph 4(b), where the case in paragraph 4 applies.
(2) The data referred to in this paragraph are the data specified in—
(a)paragraph 11 of Schedule 4 (which for this purpose is to be read as if references to “the producer” were references to the persons referred to in sub-paragraph (1)(a) and (b)); and
(b)paragraph 14 of Schedule 4, if the relevant packaging supplied by any of the persons referred to in sub-paragraph (1)(a) or (b) includes plastic or paper bags supplied in England.
(3) LR must—
(a)use its best endeavours to obtain from its licensees the data which LR is required by sub-paragraph (1) to collect; and
(b)make an estimate, and record it, in any case in which it is unable to obtain such data.
(4) LR must keep the data collected under sub-paragraph (1) and a record of any estimates made under sub-paragraph (3)(b) for at least 7 years after the end of the reporting period to which the data relate.
6.—(1) LR must report every 12 months—
(a)to the appropriate agency, the data specified in paragraph 11 of Schedule 4; and
(b)to the Environment Agency, the data specified in paragraph 14 of Schedule 4,
which it has collected under paragraph 5(1), or estimated under paragraph 5(3)(b), in relation to the packaging specified in paragraph 7.
(2) Regulation 39 applies to LR in relation to information which LR is required to report under sub-paragraph (1), as it applies to a producer in relation to information which the producer is required to report under Chapter 2 of Part 3.
7. For the purposes of paragraphs 3 to 6, the packaging specified in this paragraph is—
(a)packaging that bears, or for goods that bear, a trade mark of LR, where a licence to use that trade mark has been granted to LR’s licensees under their licence agreement;
(b)packaging for goods supplied by a licensee, where the licensee has been required by its licence agreement to purchase—
(i)the packaged goods; or
(ii)the goods, and packaging for them,
either from LR, or from a supplier nominated or authorised by LR with whom LR has negotiated some or all of the terms of their supply to the licensee.
8.—(1) In this Part of this Schedule—
(a)a “pub operating agreement” means an agreement or a number of related agreements in or under which—
(i)one person (a “pub operating business”) grants a tenancy or lease of premises referred to in sub-paragraph (2) to another person (a “tenant”); and
(ii)the tenant is under an obligation to purchase from the pub operating business, or from a person or persons nominated or authorised by or on behalf of the pub operating business, some or all of the alcohol (or, in Northern Ireland, intoxicating liquor) to be supplied on or from the premises;
(b)“pub operating business” and “tenant” are to be interpreted in accordance with paragraph (a).
(2) The premises referred to in this sub-paragraph are premises—
(a)in respect of which a premises licence is in force; and
(b)that are used by the tenant—
(i)in England and Wales, for—
(aa)the sale by retail of alcohol for consumption on the premises or both on and off the premises; or
(bb)the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, for consumption on the premises or both on and off the premises;
(ii)in Scotland, for the sale by retail or supply of alcohol for consumption on the premises or both on and off the premises;
(iii)in Northern Ireland, for the sale of intoxicating liquor by retail for consumption either in or off the premises, or for consumption off the premises.
9.—(1) A pub operating business (“PB”) has the obligations set out in paragraphs 12 and 13, where the case in paragraph 10 or the case in paragraph 11 applies.
(2) Where the case in paragraph 11 applies, PB’s obligations under paragraphs 12 and 13 are in addition to PB’s producer responsibility obligations.
10. The case in this paragraph is that—
(a)PB—
(i)is a producer, and has a turnover which meets the criterion in regulation 24(2)(a); but
(ii)does not have producer responsibility obligations, because the amount of packaging supplied by PB does not meet the criterion in regulation 24(2)(b);
(b)one or more of PB’s tenants are producers, but do not have producer responsibility obligations because they do not meet one or both of the criteria in regulation 24(2); and
(c)the total amount of packaging specified in paragraph 14 which is supplied by PB and the tenants referred to in sub-paragraph (b) meets the criterion in regulation 24(2)(b).
11. The case in this paragraph is that—
(a)PB is a producer and has producer responsibility obligations;
(b)one or more of PB’s tenants are producers, but do not have producer responsibility obligations because they do not satisfy one or both of the criteria in regulation 24(2);
(c)the total amount of packaging specified in paragraph 14 which is supplied by the tenants referred to in sub-paragraph (b) meets the criterion in regulation 24(2)(b).
12.—(1) Where PB has obligations under this Part, PB must collect the data referred to in sub-paragraph (2) in relation to packaging specified in paragraph 14 which are supplied by—
(a)PB and the tenants referred to in paragraph 10(b), where the case in paragraph 10 applies; or
(b)the tenants referred to in paragraph 11(b), where the case in paragraph 11 applies.
(2) The data referred to in this sub-paragraph are the data specified in—
(a)paragraph 11 of Schedule 4 (which for this purpose is to be read as if references to “the producer” were references to the persons referred to in sub-paragraph (1)(a) and (b)); and
(b)paragraph 14 of Schedule 4, if the relevant packaging supplied by any of the persons referred to in sub-paragraph (1)(a) or (b) includes plastic or paper bags supplied in England.
(3) PB must—
(a)use its best endeavours to obtain from its tenants the data which PB is required by sub-paragraph (1) to collect; and
(b)make an estimate, and record it, in any case in which it is unable to obtain such data.
(4) PB must keep the data collected under sub-paragraph (1) and a record of any estimates made under paragraph (3)(b) for at least 7 years after the end of the reporting period to which the data relate.
13.—(1) PB must report every 12 months—
(a)to the appropriate agency, the data specified in paragraph 11 of Schedule 4; and
(b)to the Environment Agency, the data specified in paragraph 14 of Schedule 4,
which it has collected under paragraph 12(1) or estimated under paragraph 12(3)(b) in relation to the packaging specified in paragraph 14.
(2) Regulation 39 applies to PB in relation to information which PB is required to report under sub-paragraph (1), as it applies to a producer in relation to information which the producer is required to report under Chapter 2 of Part 3.
14. For the purposes of paragraphs 10 to 13, the packaging specified in this paragraph is packaging for goods that a tenant is required by their pub operating agreement to purchase from PB or from a person nominated or authorised by PB.
15.—(1) In Parts 1 and 2 of this Schedule—
(a)“premises” means any sales outlet on which packaging is handled and includes any land, vehicle, vessel, mobile plant and stall;
(b)references to the criteria in regulation 24(2)(a) or (b) (threshold criteria for small producers) are to those criteria read together with regulation 24(3) to (7).
(2) For the purposes of paragraph 8 of this Schedule—
(a)in relation to England and Wales—
(i)“alcohol” has the same meaning as in section 191 of the Licensing Act 2003(13);
(ii)“premises licence” has the same meaning as in section 11 of that Act;
(iii)“sale by retail”, in relation to any alcohol, has the same meaning as in section 192 of that Act;
(iv)“supply of alcohol” has the same meaning as in section 14 of that Act;
(b)in relation to Scotland—
(i)“alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005(14);
(ii)“premises licence” has the meaning given in section 17 of that Act;
(c)in relation to Northern Ireland—
(i)“intoxicating liquor” has the meaning given in article 2 of the Licensing (Northern Ireland) Order 1996(15);
(ii)“premises licence” means a licence for premises granted under article 7 or 11 of that Order(16);
(iii)“sale by retail” means a sale at any one time to any one person of quantities not exceeding—
(aa)9 litres or 1 case of spirits or wine; or
(bb)21 litres or 2 cases of beer or cider.
Regulation 106(4)
1.—(1) Paragraph 2 applies to a person who wishes to appeal to the First Tier Tribunal under regulation 104 or 105.
(2) Paragraphs 3 to 6 apply to a person who wishes to appeal to—
(a)the Planning Appeals Commission under regulation 104 or 105; or
(b)the Scottish Ministers under regulation 104.
(3) Paragraph 7 applies to a person who wishes to appeal to the sheriff under regulation 105.
2.—(1) A person referred to in paragraph 1(1) must appeal to the First Tier Tribunal in accordance with the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009(17) (“the 2009 Rules”), and the 2009 Rules apply to the appeal, subject to the modification in sub-paragraph (2).
(2) Rule 22 of the 2009 Rules applies to an appeal brought under these Regulations as if rule 22(1)(b) required the notice of appeal to be received by the Tribunal—
(a)in the case of an appeal under regulation 104, within 2 months of the date on which notice of the decision to which the appeal relates was sent to the appellant; or
(b)in the case of an appeal under regulation 105, within 2 months of the date on which any complaint relating to that decision under the scheme administrator’s complaints procedure has been completed.
3.—(1) A person referred to in paragraph 1(2) must appeal to the Planning Appeals Commission or to the Scottish Ministers (“the relevant appeal body”), as the case may be, by notice in writing (a “notice of appeal”) sent to the relevant appeal body.
(2) The notice of appeal must be accompanied by—
(a)a statement of the grounds of appeal;
(b)a copy of the following documents—
(i)the decision or notice which is the subject-matter of the appeal;
(ii)any relevant application;
(iii)in the case of an appeal to the Planning Appeals Commission, any correspondence between the appellant and the scheme administrator or the appropriate agency or document relevant to the appeal; and
(iv)any other document on which the appellant intends to rely for the purposes of the appeal;
(c)a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations; and
(d)in the case of an appeal to the Planning Appeals Commission, payment of the fee in regulation 9(1) of the Planning Fees (Deemed Planning Applications and Appeals) Regulations (Northern Ireland) 2015(18).
4.—(1) Subject to sub-paragraph (2), the notice of appeal must be given within the period of 2 months beginning with—
(a)in the case of an appeal under regulation 104, the day on which notice of the act or decision to which the appeal relates was sent to the appellant; or
(b)in the case of an appeal under regulation 105, the day on which the scheme administrator’s complaints procedure has been completed in relation to that act or decision.
(2) In the case of an appeal to the Scottish Ministers, the Scottish Ministers may at any time allow a notice of appeal to be given after the expiry of the period mentioned in sub-paragraph (1)(a).
5. Where under regulation 106(3) the appeal is by way of a hearing, the person hearing the appeal must, unless that person has been appointed to determine the appeal under regulation 106(2)(a), make a written report to the relevant appeal body of that person’s conclusions, including where relevant any findings of fact, and recommendation as to the determination of the appeal with the reasons for the recommendation.
6.—(1) The relevant appeal body or other person determining an appeal must give the appellant notice in writing of the decision and the reasons for the decision.
(2) If the relevant appeal body determines an appeal after a hearing under regulation 106(3), it must provide the appellant with a copy of any report made under paragraph 5.
(3) The relevant appeal body or other person determining an appeal must, at the same time as notifying the appellant of the decision, send a copy of any document sent to the appellant under this paragraph to—
(a)the appropriate agency, if the appeal concerns a decision of the appropriate agency; or
(b)the scheme administrator, if the appeal concerns a decision of the scheme administrator.
7. A person referred to in paragraph 1(3) must appeal to the sheriff within the period of 2 months beginning with the day on which any complaint under the scheme administrator’s complaints procedure about the decision to which the appeal relates has been completed.
Regulations 112 and 113
1.—(1) In this paragraph, “the 1995 Act” has the meaning given in regulation 112(2).
(2) For the purposes of regulation 112, the provisions of section 108 and 108A of, and Schedule 18 to, the 1995 Act referred to in regulation 112 are to be read with the modifications in sub-paragraphs (3) to (10).
(3) Those provisions are to be read as if—
(a)references to an authorised person were references to a person authorised under regulation 112(1);
(b)references to an enforcing authority were references to the appropriate agency.
(4) Section 108(4) is to be read as if—
(a)in paragraph (a), the words “(or, in an emergency, at any time and, if need be, by force)” were omitted;
(b)paragraphs (d) and (g) were omitted;
(c)in paragraph (f)—
(i)references to articles or substances in relation to which samples may be taken were to packaging, packaging materials and packaging waste; and
(ii)the power in that paragraph to take samples of the air, water or land in, on, or in the vicinity of, the premises were omitted;
(d)in paragraph (h)—
(i)the reference to any article or substance as is mentioned in paragraph (g) were to any sample of packaging, packaging materials or packaging waste taken under section 108(4)(f) as modified by paragraph (c) above;
(ii)in sub-paragraph (iii)—
(aa)the reference to an offence were to an offence under any of regulations 115 to 118 or regulation 120;
(bb)for the words from “a variation notice” to the end, there were substituted “the imposition of a civil sanction under regulation 121 or under the Environmental Regulations (Enforcement Measures) (Scotland) Order 2015(19)”;
(iii)sub-paragraph (iv), as it applies to Scotland, were omitted;
(e)in paragraph (k)—
(i)references to records were to the records and returns required to be kept and provided to the appropriate agency under these Regulations, or under the 2023 Data Regulations;
(ii)references to information recorded in computerised form included any information recorded electronically;
(f)in paragraph (ka) as it applies to England and Wales, in sub-paragraph (ii) the words “(other than an article or substance within paragraph (g))” were omitted;
(g)in paragraph (ka) as it applies to Scotland, the reference to an offence under any of the pollution control enactments, or under section 40(1) of the Regulatory Reform (Scotland) Act 2014, were to an offence under these Regulations.
(5) Section 108(6) is to be read as if the words “Except in an emergency” and “or to take heavy equipment on to any premises which are to be entered” were omitted.
(6) Section 108(7) is to be read as if the words “Except in an emergency” were omitted.
(7) Section 108(7A) as it applies to England and Wales is to be read as if, for the words “subsections (7B) and (7C)”, there were substituted “subsection (7C)”.
(8) Section 108(7A) as it applies to Scotland is to be read as if the words “to seize and remove documents” were omitted.
(9) Paragraphs 2 to 6 of Schedule 18 are to be read as if—
(a)any reference to a designated person were to a person authorised in writing by the appropriate agency to exercise on its behalf any power conferred by regulation 112;
(b)any reference to a relevant power were to a power conferred by regulation 112.
(10) Paragraph 6(1) of Schedule 18 is to be read as if any reference to section 108(4)(a) or (b) or (5) of the 1995 Act were to regulation 112.
2.—(1) In this paragraph, “the 1997 Order” has the meaning given in regulation 113(2).
(2) For the purposes of regulation 113, the provisions of article 72 of, and Schedule 4 to, the 1997 Order referred to in regulation 113 are to be read with the modifications in sub-paragraphs (3) to (8).
(3) Those provisions are to be read as if—
(a)references to an authorised person were references to a person authorised under regulation 113(1);
(b)references to an enforcing authority were references to DAERA.
(4) Article 72(2) is to be read as if—
(a)in paragraph (a), the words “(or, in an emergency, at any time and, if need be, by force)” were omitted;
(b)paragraphs (d) and (g) were omitted;
(c)in paragraph (f)—
(i)the reference to articles or substances in relation to which samples may be taken were to packaging, packaging materials and packaging waste;
(ii)the power in that paragraph to take samples of the air, water or land in, on, or in the vicinity of, the premises were omitted;
(d)in paragraph (h)—
(i)the reference to any article or substance as is mentioned in paragraph (g) were to any sample of packaging, packaging materials or packaging waste taken under article 72(2)(f) as modified by paragraph (c) above;
(ii)in sub-paragraph (iii)—
(aa)the references to an offence were to an offence under regulation 115;
(bb)for the words from “a variation notice” to the end, there were substituted “the imposition of a civil sanction under regulation 121 of the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024”;
(e)in paragraph (j)—
(i)references to records were to the records and returns required to be kept and provided to the appropriate agency under these Regulations, or under the 2023 Data Regulations;
(ii)references to information recorded in computerised form included any information recorded electronically.
(5) Article 72(4) is to be read as if the words “Except in an emergency,” and “or to take heavy equipment on to any premises which are to be entered,” were omitted.
(6) Article 72(5) is to be read as if the words “Except in an emergency,” were omitted.
(7) Paragraphs 2 to 5 of Schedule 4 are to be read as if—
(a)any reference to an authorised person were to a person authorised in writing by DAERA to exercise on its behalf any power conferred by regulation 113;
(b)any reference to a relevant power were to a power conferred by regulation 113.
(8) Paragraph 5 of Schedule 4 is to be read as if any reference to article 72(2)(a) or (b) or (3) of the 1997 Order were to regulation 113.
Regulation 121
1.—(1) The following table sets out requirements and prohibitions for the contravention of which the enforcement agency in relation to the contravention concerned (see the definition of “enforcement agency” in regulation 114) has power to impose civil sanctions.
(2) The power of an enforcement agency to impose a civil sanction for contravention of a requirement or prohibition specified in the table is subject to, and exercisable in accordance with, regulations 121 and 122 and Parts 2 to 5 of this Schedule.
| Requirement or prohibition | Fixed Monetary Penalty | Variable Monetary Penalty | Compliance Notice | Enforcement Undertaking |
|---|---|---|---|---|
| Producers | ||||
| Regulations 25(1)(a) and 27(4)(b) (registration obligations) | No | Yes | Yes | Yes |
| Regulation 25(1)(b), (2)(b) and (3)(b) (obligations to keep records and evidence) | Yes | No | No | No |
| Regulation 25(1)(c) and (d) and (3)(c) (reporting obligations) | No | Yes | Yes | Yes |
| Regulation 25(2)(a) (recycling obligation) | No | Yes | Yes | Yes |
| Regulation 25(2)(c) (certification obligation) | Yes | No | No | No |
| Regulation 25(3)(a) (obligation to carry out recyclability assessments) | No | Yes | Yes | Yes |
| Regulation 28(1) to (3) (requirement to apply to the appropriate agency for registration by the date specified in regulation 28(1), (2) or (3) as applicable) | No | Yes | No | No |
| Regulation 31(b) to (e) (requirements to provide information to the appropriate agency) | Yes | No | No | No |
| Regulations 35(2) to (4), 36(2) and (3), 37(2) and 38(2) (requirements to make reports to the appropriate agency by the dates specified) | No | Yes | No | No |
| Regulation 68(4) (requirement to pay disposal fees and administration fees no later than 50 days after the due date) | No | Yes | Yes | Yes |
| Scheme operators | ||||
| Regulation 43(1)(b) (obligation to register a compliance scheme) | No | Yes | Yes | Yes |
| Regulation 43(3)(a) (obligation to apply for registration of scheme members) | No | Yes | Yes | Yes |
| Regulation 43(3)(b) (obligation to report information relating to scheme members) | No | Yes | No | Yes |
| Regulation 43(3)(c) (compliance scheme recycling obligation) | No | Yes | Yes | Yes |
| Regulation 43(6)(a) (obligation to keep records and submit reports) | No | Yes | Yes | Yes |
| Regulation 43(6)(b) (obligation to submit statement of compliance) | No | Yes | Yes | Yes |
| Regulation 44(1)(a) (requirement to apply for registration of a scheme member by the date specified) | No | Yes | No | No |
| Regulation 44(2) (requirement to make reports under regulations 35 to 38, as applied by regulation 44(2), by the date specified in the regulation in question) | No | Yes | No | No |
| Regulations 49(5) and 54(4) (obligations to provide information to scheme members in connection with withdrawal of approval and cancellation of registration) | No | Yes | Yes | Yes |
| Regulation 53 (obligation to comply with conditions of registration) | No | Yes | Yes | Yes |
| Reprocessors and exporters | ||||
| Regulations 85(1) and 86(1) (obligation to register) | No | Yes | Yes | Yes |
| Regulation 88(1) (duty to comply with conditions of registration) | No | Yes | Yes | Yes |
| Regulation 91 (record-keeping and reporting requirements) | Yes | No | Yes | Yes |
| Regulation 92(1) and (2) (prohibition on issuing PRNs or PERNs other than in accordance with specified conditions) | No | Yes | Yes | Yes |
| Regulation 98 (duty to comply with conditions of an accreditation) | No | Yes | Yes | Yes |
| Regulation 117(3)(c) (prohibition on issuing PRNs or PERNs pursuant to false or misleading information | No | Yes | Yes | Yes |
| Holding companies with a group registration | ||||
| Regulation 31(b) to (e) as applied by Schedule 9, paragraph 4(5) (requirements to provide information to the appropriate agency) | Yes | No | No | No |
| Schedule 9, paragraph 5(1)(b) (reporting obligations in relation to relevant group members) | No | Yes | Yes | Yes |
| Schedule 9, paragraph 5(2)(a) (recycling obligations) | No | Yes | Yes | Yes |
| Schedule 9, paragraph 5(2)(b) (certification obligation) | Yes | No | No | No |
| Schedule 9, paragraph 6(1) (requirement to pay disposal fees and administration fees no later than 50 days after the due date) | No | Yes | Yes | Yes |
| Licensors | ||||
| Schedule 10, paragraph 5 (record keeping obligations) | Yes | No | No | No |
| Schedule 10, paragraph 6 (reporting obligations) | No | Yes | Yes | Yes |
| Pub Operating Businesses | ||||
| Schedule 10, paragraph 12 (record keeping obligations) | Yes | No | No | No |
| Schedule 10, paragraph 13 (reporting obligations) | No | Yes | Yes | Yes |
| General | ||||
| Regulation 110(1) (duty to comply with notice to maintain records and provide information to the appropriate agency) | Yes | No | No | Yes |
| Regulation 118(1) (provision of false or misleading information) | No | Yes | Yes | No |
| Regulation 118(2) (failure to comply with reasonable request of the appropriate agency) | Yes | No | Yes | Yes |
| Regulation 118(3) (delaying or obstructing an authorised person) | Yes | No | No | Yes |
| Regulation 118(5) (breach of a compliance notice or enforcement undertaking) | No | Yes | Yes | Yes |
2.—(1) The amount of a fixed monetary penalty under these Regulations is £1,000.
(2) A fixed monetary penalty may not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission.
3.—(1) Where an enforcement agency proposes to impose a fixed monetary penalty on a person, the enforcement agency must serve on that person a notice of its intention to do so (a “notice of intent”).
(2) The notice of intent must include—
(a)the grounds for imposing the fixed monetary penalty;
(b)the amount of the penalty;
(c)information as to—
(i)the right to make representations and objections within a period of 28 days beginning with the day on which the notice of intent is received (“the 28 day period”);
(ii)the circumstances in which the enforcement agency may not impose the penalty.
4. A person on whom a notice of intent is served may within the 28 day period make written representations and objections to the enforcement agency in relation to the proposed imposition of the fixed monetary penalty.
5.—(1) If the person who has received a notice of intent does not discharge liability within the 28 day period by paying the amount specified in paragraph 2(1) to the enforcement agency, the enforcement agency may, after considering any representations or objections made during that period, serve a final notice imposing a fixed monetary penalty.
(2) Where the contravention to which the notice of intent relates is a criminal offence, the enforcement agency may not serve a final notice on the person if the enforcement agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.
6. A final notice must include information as to—
(a)the amount of the penalty;
(b)the grounds for imposing the penalty;
(c)how payment may be made;
(d)the period of 56 days within which payment must be made;
(e)details of the increase in the amount of the penalty for late payment;
(f)the right of appeal and the effect of regulation 107(2) (suspension of penalty where an appeal is made); and
(g)the consequences of non-payment.
7.—(1) The person receiving the final notice may appeal against it.
(2) The grounds for appeal are—
(a)that the decision is based on an error of fact;
(b)that the decision is wrong in law;
(c)that the decision is unreasonable.
8.—(1) The penalty must be paid within a period of 56 days beginning with the day of receipt of the final notice, unless an appeal is made within that period.
(2) If the penalty is not paid and an appeal is not made within that 56 day period, the amount of the penalty is increased by 50%.
(3) In the case of an appeal—
(a)the penalty must be paid within a period of 28 days beginning with the date of the determination of the appeal if the appeal is unsuccessful, or the date on which the appeal is withdrawn; and
(b)if the penalty is not paid within that 28 day period, the amount of the penalty is increased by 50%.
9.—(1) If a notice of intent to impose a fixed monetary penalty is served on any person in relation to a contravention which is an offence (“the related offence”), no criminal proceedings may be instituted against that person for the related offence before the expiry of a period of 28 days beginning with the day on which the notice of intent is served.
(2) If, in relation to a contravention which is an offence, a person has paid a fixed monetary penalty, or has discharged liability for a fixed monetary penalty within the 28 day period referred to in sub-paragraph (1), that person may not by reason of the contravention be convicted at any time of the related offence, unless the contravention is a continuing act or omission.
10.—(1) A variable monetary penalty may not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission.
(2) Where a variable monetary penalty is imposed in relation to the contravention of a requirement, and that contravention is an offence under regulation 115 that is punishable on summary conviction by a fine, the amount of the variable monetary penalty may not exceed the maximum amount (if any) of that fine.
(3) Where a variable monetary penalty is imposed on a producer for contravening regulation 68(4) (failure to make a payment due under regulation 68(1) by 50 days after the due date), the amount of the variable monetary penalty is to be calculated as an amount equal to the higher of—
(a)20% of the disposal fees and administration fees owed by that producer which are unpaid 50 days after the due date; or
(b)5% of the turnover of the producer reported under paragraph 10 of Schedule 3.
(4) Where a variable monetary penalty is imposed on a holding company of a corporate group which has a group registration for contravening regulation 68(4) as applied by paragraph 6(1) of Schedule 9, the amount of the variable monetary penalty is to be calculated as an amount equal to the higher of—
(a)20% of the disposal fees and administration fees owed by that holding company which are unpaid 50 days after the due date; or
(b)2% of the collective turnover of the members of the corporate group that are included in the group registration.
(5) Before imposing a variable monetary penalty or serving a notice of intent in relation to any contravention other than that referred to in sub-paragraph (3) or (4), the enforcement agency may require the person to provide such information as is reasonable to establish the amount of any financial benefit arising as a result of the contravention.
11.—(1) Where an enforcement agency proposes to impose a variable monetary penalty on a person, the enforcement agency must serve on that person a notice of its intention to do so (a “notice of intent”).
(2) The notice of intent must include—
(a)the grounds for imposing the variable monetary penalty;
(b)the amount of the penalty;
(c)information as to—
(i)the right to make representations and objections within a period of 28 days beginning with the day on which the notice of intent is received (“the 28 day period”);
(ii)the circumstances in which the enforcement agency may not impose the penalty.
12. A person on whom a notice of intent is served may within the 28 day period make written representations and objections to the enforcement agency in relation to the proposed imposition of the variable monetary penalty.
13.—(1) After the end of the period for making representations and objections, the enforcement agency must, after considering any representations or objections made within the 28 day period, decide whether to impose the variable monetary penalty in the notice of intent, with or without modifications.
(2) Where the contravention to which the notice of intent relates is a criminal offence, the enforcement agency may not serve a final notice on a person if the enforcement agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.
14. A final notice for a variable monetary penalty must include information as to—
(a)the amount of the penalty;
(b)the grounds for imposing the penalty;
(c)how payment may be made;
(d)the period within which payment must be made which must be not less than 28 days;
(e)the right of appeal and the effect of regulation 107(2) (suspension of penalty where an appeal is made); and
(f)the consequences of non-payment.
15.—(1) The person receiving the final notice may appeal against it.
(2) The grounds for appeal are—
(a)that the decision is based on an error of fact;
(b)that the decision is wrong in law;
(c)that the amount of the penalty is unreasonable;
(d)that the decision is unreasonable for any other reason.
(3) Where an appeal is made against the issue of a final notice, the penalty must be paid within a period of 28 days beginning with the date of the determination of the appeal if the appeal is unsuccessful, or the date on which the appeal is withdrawn.
16.—(1) If a notice of intent for a variable monetary penalty is served on any person in relation to a contravention which is an offence (“the related offence”), no criminal proceedings may be instituted against that person for the related offence before the expiry of a period of 28 days beginning with the day on which the notice of intent is served.
(2) If, in relation to a contravention which is an offence, a person has paid a variable monetary penalty, or has discharged liability for a variable monetary penalty within the 28 day period referred to in paragraph (1), that person may not by reason of the contravention be convicted at any time of the related offence, unless the contravention is a continuing act or omission.
17.—(1) Subject to sub-paragraph (2), a compliance notice may not be imposed on a person on more than one occasion in relation to the same contravention of these Regulations, unless the contravention is a continuing act or omission.
(2) Sub-paragraph (1) does not prevent another compliance notice being imposed on a person under this paragraph if any earlier compliance notice imposed on that person in relation to the same act or omission has first been withdrawn.
(3) Where contravention of a requirement is a criminal offence under these Regulations, the enforcement agency may not impose a compliance notice on a person for contravention of that requirement if the enforcement agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.
18. A compliance notice must include information as to—
(a)the grounds for imposing the notice;
(b)what steps the person receiving the notice must take and the period within which those steps must be completed;
(c)the right of appeal; and
(d)the consequences of failing to comply with the notice.
19.—(1) The person receiving the notice may appeal against it.
(2) The grounds for appeal are—
(a)that the decision to impose the notice is based on an error of fact;
(b)that the decision is wrong in law;
(c)that the nature of the requirement is unreasonable;
(d)that the decision is unreasonable for any other reason.
20.—(1) An enforcement undertaking must specify—
(a)action to secure that the contravention in relation to which the enforcement undertaking is given does not continue or recur;
(b)action to secure that the position is, so far as possible, restored to what it would have been if the contravention had not occurred;
(c)action (which may include the payment of a sum of money) to secure a benefit or improvement to the environment, such as the prevention of littering, or an increase in the reuse and recycling of packaging;
(d)the period within which each of the actions specified must be completed.
(2) It must include—
(a)a statement that the enforcement undertaking is made in accordance with this Part;
(b)the terms of the enforcement undertaking; and
(c)a statement of how and when the person giving the enforcement undertaking is considered to have discharged it.
(3) The enforcement undertaking may be varied, or the period within which an action specified in the enforcement undertaking must be completed may be extended, if both parties agree in writing.
21. If an enforcement agency has accepted an enforcement undertaking then, unless the person from whom the undertaking is accepted fails to comply with the undertaking or any part of it—
(a)where the contravention in relation to which the enforcement undertaking was given is an offence, that person may not by reason of that contravention be convicted at any time of that offence;
(b)the enforcement agency may not impose on that person any fixed monetary penalty, variable monetary penalty, or compliance notice in respect of that contravention.
22.—(1) Each enforcement agency must establish and publish the procedure for entering into an enforcement undertaking with it.
(2) The enforcement agency must consult such persons as it considers appropriate before doing so.
(3) When an enforcement agency accepts an undertaking the enforcement agency may publish it in whatever manner it sees fit.
23.—(1) An enforcement agency which is satisfied that an enforcement undertaking has been complied with must issue a certificate to that effect to the person who gave the undertaking.
(2) An enforcement agency may require the person who gave the undertaking to provide sufficient information to determine whether the undertaking has been complied with.
(3) The person who gave the undertaking may at any time apply for such a certificate.
(4) The enforcement agency must make a decision as to whether to issue such a certificate, and give written notice of the decision to the applicant, within 14 days of such an application.
(5) The person to whom the notice is given may appeal against a decision not to issue a certificate on the grounds that the decision—
(a)was based on an error of fact;
(b)was wrong in law;
(c)was unreasonable;
(d)was wrong for any other reason.
24.—(1) A person who has given inaccurate, misleading or incomplete information in relation to an enforcement undertaking is regarded as not having complied with it.
(2) An enforcement agency may by notice in writing revoke a certificate issued under paragraph 23 if it was issued on the basis of inaccurate, incomplete or misleading information.
25.—(1) This paragraph applies where an enforcement undertaking is not complied with.
(2) The enforcement agency may, in relation to the contravention for which the enforcement undertaking was given, either—
(a)impose any other type of civil sanction specified in the Table in Part 1 as being available for the contravention in question; or
(b)if the contravention for which the enforcement undertaking was given is a criminal offence (a “related offence”), bring proceedings for the related offence.
(3) The action referred to in sub-paragraph (2)(a) or (b) may be taken in addition to bringing proceedings for the offence under regulation 118(5) of failing to comply with the enforcement undertaking.
(4) If a person has complied partly but not fully with an enforcement undertaking, that part-compliance must be taken into account in the imposition of any criminal or other sanction on the person.
(5) Criminal proceedings for a related offence which is triable summarily may be instituted at any time within a period of 6 months beginning with the day after the last day of the period within which the action specified in the enforcement undertaking was required under paragraph 20(1)(d) to be completed.
Regulation 129
1. The name and address of the registered office, head office or principal place of business of—
(a)each producer registered under Chapter 1 of Part 3;
(b)in relation to each registered compliance scheme—
(i)the scheme operator; and
(ii)each member of the scheme;
(c)each registered reprocessor and exporter; and
(d)each reprocessor and exporter accredited to issue PRNs or PERNs.
2. The number assigned to each producer, compliance scheme, reprocessor and exporter on registration.
3. In relation to each registered producer—
(a)whether the producer is a large producer or a small producer;
(b)whether the producer is subject to recycling and certification obligations under regulation 25(2);
(c)whether the producer is required to pay disposal fees under regulation 60;
(d)if the producer is subject to the obligations referred to in sub-paragraph (b), a statement as to whether a satisfactory certificate of compliance has been furnished in accordance with regulation 41.
4. In relation to each registered compliance scheme—
(a)the date on which the scheme was approved under regulation 47;
(b)a statement as to whether the scheme operator has—
(i)complied with its obligations under regulation 43(3); and
(ii)provided a statement of compliance in accordance with regulation 56.
5. In relation to registered reprocessors and exporters, and accredited reprocessors and exporters—
(a)the trading name, address and telephone number of the reprocessor or exporter;
(b)details of each registration and accreditation held by the reprocessor or exporter, including the category of packaging waste and the reprocessing site or overseas reprocessing site(s) specified in the registration or accreditation;
(c)in relation to any recovery operation to be used, the appropriate classification of the applicable operation provided for in Annex 2 to the Waste Directive;
(d)in relation to each accreditation held by the reprocessor or exporter—
(i)the accreditation reference number assigned by the appropriate agency;
(ii)the reprocessing site address for an accredited reprocessor;
(iii)the tonnage band (within the meaning given in regulation 84(1)) of packaging waste for which the reprocessor or exporter is accredited to issue PRNs or PERNs;
(iv)whether monthly returns and annual returns have been provided in accordance with the conditions in paragraph 26 or 29 of Schedule 8;
(v)whether the appropriate agency has served a notice under regulation 100(4) to suspend or cancel the accreditation; and
(vi)whether the accreditation has been suspended or cancelled.
6. Any information which the appropriate agency is required to publish under regulation 126.
Regulation 137
1.—(1) This paragraph applies where—
(a)under a provision of the 2007 Regulations, the 2007 (NI) Regulations or the 2023 Data Regulations which has been revoked by these Regulations—
(i)a person (“A”) was under a duty to keep records or evidence of a specified matter; and
(ii)if the provision in question specified a period for which the records or evidence were to be kept, that period has not expired on or before the revocation date; and
(b)there is a corresponding duty under these Regulations for persons of A’s description to keep records or evidence of the specified matter, or of a matter of a similar description to the specified matter.
(2) Where this paragraph applies—
(a)the duty referred to in sub-paragraph (1)(b) is to be treated as applying to A in relation to the records or evidence referred to in sub-paragraph (1)(a), subject to paragraph (b) below;
(b)if the revoked provision specified a period for which the records or evidence were to be kept, the date until which A is required to keep the records or evidence is the date until which A would have been required to keep them under the revoked provision if it remained in force.
(3) In sub-paragraph (1)—
(a)“specified” means specified in the Regulations in question;
(b)“the revocation date” means the date of revocation of the provision of the 2007 Regulations, 2007 (NI) Regulations or 2023 Data Regulations in question.
2.—(1) In a report under regulation 35 for a period of 6 or 12 months ending on 31st December 2024, a large producer (“LP”) must, instead of reporting the information specified in Table 2 in regulation 35(1), report to the appropriate agency, subject to sub-paragraph (2), the information which LP would have been required to report under the 2023 Data Regulations for that period if those Regulations had not been revoked.
(2) But—
(a)LP must not include any information in the report under regulation 35 which it has reported to the appropriate agency in a report under the 2023 Data Regulations for that period or for a part of that period;
(b)LP may treat any non-consumer shipment packaging which it supplied during the relevant period as if it were secondary packaging or tertiary packaging, for the purposes of reporting how much primary, secondary, tertiary and shipment packaging in each packaging category, and how much household packaging in each packaging category, LP supplied in the relevant period;
(c)LP must report to the appropriate agency as soon as practicable any of the information referred to in sub-paragraph (1) if LP had an obligation under the 2023 Data Regulations to report that information to the appropriate agency by a date before the coming into force of this paragraph but has not done so.
(3) In paragraph (2)(b), “non-consumer shipment packaging” means shipment packaging, as defined in the 2023 Data Regulations, which LP supplied to a person other than a consumer.
(4) In a report under regulation 36 for the calendar year 2024, a small producer (“SP”) must, instead of reporting the information specified in Table 3 in regulation 36(1), report to the appropriate agency the information of which SP was required to keep records for that year under—
(a)regulation 16 of the Packaging Waste (Data Reporting) (England) Regulation 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or
(b)regulation 17 of the Packaging Waste (Data Reporting) No. 2) Regulations (Northern Ireland) 2023,
except for the information referred to in sub-paragraph (5) below, and subject to sub-paragraphs (6) and (7).
(5) A producer who under the 2023 Data Regulations was required for the calendar year 2024 to maintain records of the information in—
(a)paragraph 22(1) of Schedule 1 to the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Reporting) (Scotland) Regulations 2023 or the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; or
(b)paragraph 21(1) of Schedule 1 to the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023,
must report that information to the appropriate agency on or before 1st December 2025, subject to sub-paragraphs (6) and (7).
(6) This sub-paragraph applies where—
(a)the 2024 Data Amendment Regulations amended the record-keeping obligations of a producer referred to in sub-paragraph (4) or (5), or conferred record-keeping obligations on such a producer where the producer did not previously have such obligations; and
(b)the producer does not have sufficient data to report the information referred to in sub-paragraph (4) or (5), as applicable, for the period before the amendment date.
(7) Where sub-paragraph (6) applies, the producer—
(a)is not required to submit a report which includes information for the period beginning with 1st January 2024 and ending immediately before the amendment date; but
(b)must submit a report for the period from the amendment date to 31st December 2024.
(8) In sub-paragraphs (6) and (7)—
“the 2024 Data Amendment Regulations” means—
the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024(20);
the Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024(21);
the Packaging Waste (Data Reporting) (Scotland) (Amendment) Regulations 2024(22); or
the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024(23);
“the amendment date” means—
1st April 2024, in relation to a producer who was established in England, Wales or Scotland for the purposes of the 2023 Data Regulations;
1st May 2024, in relation to a producer who was established in Northern Ireland for the purposes of the 2023 Data Regulations.
3.—(1) This sub-paragraph applies where—
(a)a producer has submitted a report to the appropriate agency under the 2023 Data Regulations; and
(b)the producer becomes aware that the report was wrong or inaccurate.
(2) Where sub-paragraph (1) applies, the producer must—
(a)submit an amended report to the appropriate agency containing the correct information; and
(b)pay the appropriate agency the charge in paragraph 2(3) of Schedule 1.
(3) This sub-paragraph applies where, before this paragraph came into force, a large producer (“LP”)—
(a)reported information to the appropriate agency for the 6-month period ending on 30th June 2024 or 31st December 2024 (“the relevant period”) under—
(i)regulation 17 of the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or
(ii)regulation 18 of the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; and
(b)in that report, included non-consumer shipment packaging in the amount of household packaging in a packaging category, or in the amount of shipment packaging in a packaging category, which LP reported that it supplied in the relevant period.
(4) Where sub-paragraph (3) applies, LP may—
(a)submit an amended report to the appropriate agency for the relevant period; and
(b)in that amended report, treat any non-consumer shipment packaging which LP supplied during the relevant period as if it were secondary packaging or tertiary packaging, for the purposes of reporting how much primary, secondary, tertiary and shipment packaging in each packaging category, and how much household packaging in each packaging category, LP supplied in the relevant period.
(5) If LP elects to submit an amended report under sub-paragraph (4), the report must be—
(a)made in such form and manner as the appropriate agency specifies;
(b)submitted to the appropriate agency on or before 31st December 2025; and
(c)verified by the signature of an approved person of LP.
(6) No charge is payable for resubmitting a report, if the report is only amended in accordance with sub-paragraph (4).
(7) Where, under the 2023 Data Regulations, a scheme operator has reported information to the appropriate agency in relation to a producer, this paragraph applies to the scheme operator as it does to a producer with the modifications that—
(a)the charge payable by the scheme operator for submitting an amended report under sub-paragraph (2) is the charge in paragraph 3(3) of Schedule 1; and
(b)an amended report under paragraph (4) must be verified by the signature of an approved person of the scheme operator.
(8) In this paragraph, “non-consumer shipment packaging” has the same meaning as in paragraph 2(3).
4.—(1) Sub-paragraph (2) applies if the date on which regulations 34 to 36 come into force (“the commencement date”) is after 1st January 2025.
(2) Where a producer does not have sufficient data to report in accordance with regulation 35 or 36, as applicable to that producer, for the period beginning with 1st January 2025 and ending immediately before the commencement date (“the pre-commencement period”), the producer—
(a)is not required to submit a report which includes information for the pre-commencement period; but
(b)must submit a report in accordance with regulation 35 or 36, as applicable—
(i)for the period from the commencement date to 30th June 2025, in the case of information which, but for this paragraph, the producer would be required to report for a period of 6 months beginning on 1st January 2025;
(ii)for the period from the commencement date to 31st December 2025, in the case of information which, but for this paragraph, the producer would be required to report for a period of 12 months beginning on 1st January 2025.
5.—(1) This paragraph applies—
(a)in relation to a reporting period commencing on 1st January 2024, where a producer has reported relevant data to the appropriate agency for only part of that reporting period—
(i)under the 2023 Data Regulations or under paragraph 2(1) of this Schedule, by virtue of—
(aa)regulation 2(2) of the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 or the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024;
(bb)regulation 3(2) of the Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024; or
(cc)regulation 18(2) of the Packaging Waste (Data Reporting) (Scotland) (Amendment) Regulations 2024; or
(ii)under paragraph 2(4) or (5) of this Schedule, by virtue of paragraph 2(6) and (7); and
(b)in relation to a reporting period commencing on 1st January 2025, where a producer has reported relevant data to the appropriate agency for only part of that reporting period, by virtue of paragraph 3 of this Schedule.
(2) Where this paragraph applies, the appropriate agency must, in relation to each description of relevant data reported by the producer, calculate an adjusted amount (“the scaled-up amount”) in accordance with the formula—
where—
“A” means the amount in tonnes or kilograms, as applicable, reported by the producer;
“B” means the number of days in the reporting period for which the producer has reported that amount;
“C” means the number of days in the whole reporting period.
(3) The scaled-up amounts calculated under sub-paragraph (2) are to be used—
(a)if the producer has recycling obligations, for the purpose of calculating those obligations under Schedule 5;
(b)if the producer is a liable producer under Part 5, for the purpose of calculating the disposal fee and administration fee payable by the producer under that Part.
(4) In this paragraph, “relevant data” means an amount of packaging, household packaging or packaging waste, or of a description of packaging, household packaging or packaging waste, which a producer was or is required to report to the appropriate agency—
(a)in relation to a reporting period in 2024, under—
(i)regulation 17 of, and Schedule 1 to, the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023;
(ii)regulation 18 of, and Schedule 1 to, the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; or
(iii)paragraph 2 of this Schedule;
(b)in relation to a reporting period in 2025, under regulation 35 or 36 of, and Schedule 4 to, these Regulations.
6.—(1) Where a report submitted by a large producer (“PR”) under regulation 35 in relation to a period ending on 31st December 2024 (a “regulation 35 report”) includes information about transitional packaging, PR may choose to submit a report to the appropriate agency containing the information in sub-paragraph (2).
(2) The information in this sub-paragraph is the proportion of transitional packaging in each packaging category which a producer has been required to recycle under the 2007 Regulations or the 2007 (NI) Regulations (“P”), calculated as follows—
where—
“AP” is the amount in kilograms of transitional packaging which has previously been taken into account to calculate the recycling obligations of a producer under the 2007 Regulations or the 2007 (NI) Regulations;
“SP” is the sum of the percentages of that packaging which any class of producer has been required to recycle under the 2007 Regulations or the 2007 (NI) Regulations, as set out in paragraph 4 of Schedule 2 to those Regulations.
(3) In sub-paragraphs (1) and (2), “transitional packaging” means packaging about which PR has reported information in a regulation 35 report, which has already been the subject of recycling obligations under regulation 4(4)(b) of, and Schedule 2 to, the 2007 Regulations or the 2007 (NI) Regulations.
(4) If PR submits a report under sub-paragraph (1), it must be submitted—
(a)in accordance with regulation 39(2); and
(b)on the date on which PR submits a regulation 35 report for the period referred to in sub-paragraph (1).
(5) Where PR has submitted a report under sub-paragraph (1) in relation to transitional packaging in a packaging category, paragraph 2(1) of Schedule 5 applies with the modification in sub-paragraph (6) for the purposes of calculating PR’s recycling obligation in relation to that packaging category.
(6) The modification is that, in calculating the value of X for the packaging category for the purposes of the formula in paragraph 2(1) of Schedule 5, there shall be excluded from the amount of the transitional packaging in that packaging category which PR supplied in the reporting period a proportion of that amount equal to the value of P for that packaging category as calculated in accordance with sub-paragraph (2).
7.—(1) The scheme administrator may, for the purpose of calculating disposal fees and administration fees payable by producers for the 2025 assessment year, use data reported to the appropriate agency by or in relation to producers under the 2023 Data Regulations, and the appropriate agency may share such data with the scheme administrator for that purpose.
(2) Where, under paragraph 5(3) of this Schedule, scaled-up amounts are used for the purpose of calculating the disposal fee payable by a producer—
(a)in calculating CW for the purposes of regulations 62(1) and 63(2), (4) and (6), the definitions of CW in those paragraphs have effect with the modification that any reference to a weight reported by or in relation to the producer as having been supplied in a calendar year is to be treated as a reference to the scaled-up amount of that weight;
(b)in calculating E for the purposes of regulation 62(1), regulation 62(3)(a) has effect with the modification that the scheme administrator must take into account, where applicable, the scaled-up amounts of the household packaging reported by or in relation to producers as referred to in that paragraph;
(c)in calculating TW for the purposes of regulation 63(2), (4) or (6), regulation 63(7)(a) has effect with the modification that the scheme administrator must take into account, where applicable, the scaled-up amounts of the packaging reported by or in relation to producers as referred to in that paragraph.
(3) In relation to the calculation of disposal fees for the 2025 assessment year, regulation 63(5) to (7) have effect as if references to commonly binned or littered items of household packaging were references to items of household packaging listed in—
(a)paragraph 17(2) of Schedule 1 to the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Reporting) (Scotland) Regulations 2023 or the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; and
(b)paragraph 16(2) of Schedule 1 to the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023.
(4) In sub-paragraph (2), references to “scaled-up amounts” have the meaning given in paragraph 5(2).
8.—(1) This sub-paragraph applies where, in relation to a producer, a person has been approved by the appropriate agency under—
(a)regulation 24(1) of the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or
(b)regulation 25(1) of the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023,
for the purposes specified in that regulation, and that approval remained in effect immediately before this paragraph came into force.
(2) Where sub-paragraph (1) applies, that person is to be treated as an approved person of the producer for the purposes of these Regulations, unless the producer informs the appropriate agency otherwise by a notice under regulation 132(2)(b).
9.—(1) Where a compliance scheme has been approved under the 2007 Regulations or the 2007 (NI) Regulations and that approval remains in effect immediately before Part 4 of these Regulations comes into force, the compliance scheme is to be treated as having been approved for the purposes of these Regulations until 1st February 2026 unless—
(a)the scheme operator gives the appropriate agency notice in writing that it wishes the approval of the scheme to be withdrawn before that date; or
(b)the appropriate agency withdraws approval of the scheme under regulation 49 of these Regulations.
(2) The scheme operator of a compliance scheme referred to in sub-paragraph (1) is subject to the obligations imposed on scheme operators under these Regulations.
10.—(1) Notwithstanding the revocation of Part 5 of the 2007 Regulations and Part 5 of the 2007 (NI) Regulations on 1st January 2026—
(a)a reprocessor or exporter who, in relation to 2025, is accredited under Part 5 of either of those Regulations (“RE”) is to be treated as being accredited under that Part until 31st January 2026 for the purposes of issuing PRNs or PERNs in relation to packaging waste received or exported before 31st December 2025, unless—
(i)RE informs the appropriate agency that it wishes its accreditation to be cancelled; or
(ii)the appropriate agency cancels or suspends RE’s accreditation;
(b)RE must continue to comply until 28th February 2026 with the obligations imposed on reprocessors and exporters under the 2007 Regulations or the 2007 (NI) Regulations in relation to RE’s accreditation for 2025.
(2) For the purposes of sub-paragraph (1)(a), regulation 26 (suspension and cancellation of accreditation) of the 2007 Regulations and of the 2007 (NI) Regulations continue to have effect until 31st January 2026 as if they had not been revoked.
(3) For the purposes of sub-paragraph (1)(b), regulation 25 and Schedule 5 (conditions of accreditation) of the 2007 Regulations and of the 2007 (NI) Regulations continue to have effect until 28th February 2026 as if they had not been revoked.
(4) A producer or compliance scheme may rely on PRNs and PERNs acquired from a reprocessor or exporter accredited under Part 5 of the 2007 Regulations or Part 5 of the 2007 (NI) Regulations in the year to 31st December 2024, which have not been used to demonstrate compliance with their recycling obligations under those Regulations in that year, to demonstrate compliance with their recycling obligations under these Regulations in 2025.
(5) A producer or compliance scheme may rely on PRNs and PERNs acquired from a reprocessor or exporter accredited under Part 5 of the 2007 Regulations or Part 5 of the 2007 (NI) Regulations in the year to 31st December 2025, to demonstrate compliance with their recycling obligations under these Regulations in 2025 or 2026.
11.—(1) Any information notice served by the appropriate agency on a person continues to have effect on and after the relevant date notwithstanding the revocation of the provision under which it was served, and is to be treated on and after the relevant date as if it were a notice under regulation 110 of these Regulations.
(2) But sub-paragraph (1) does not apply if the information notice—
(a)was complied with before the relevant date; or
(b)specified a period for compliance which ended before, or a date for compliance which was before, the relevant date.
(3) In this paragraph—
(a)“information notice” means a notice under—
(i)regulation 31(3) of the 2007 Regulations or the 2007 (NI) Regulations;
(ii)regulation 23(3) of the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or
(iii)regulation 24(3) of the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023;
(b)“the relevant date” means—
(i)the date on which this paragraph comes into force, except in relation to an information notice referred to in sub-paragraph (ii);
(ii)1st January 2026, in relation to an information notice under regulation 31(3)(c), (d) or (e) of the 2007 Regulations or the 2007 (NI) Regulations.
12.—(1) Each appropriate agency must publish by 31st May 2025 a report setting out the monitoring and enforcement activities it has carried out in 2024 under—
(a)the 2007 Regulations or the 2007 (NI) Regulations, as applicable; and
(b)the 2023 Data Regulations.
(2) Each appropriate agency must, in the first report that it publishes under regulation 111(2), set out (in addition to the matters specified there) the monitoring and enforcement activities it has carried out in 2025 under the 2007 Regulations or the 2007 (NI) Regulations.
Regulation 138
1.—(1) The 2007 Regulations are amended as follows.
(2) In regulation 2—
(a)in paragraph (1), omit the definition of “PRONIR”;
(b)in paragraph (2)—
(i)omit the definitions of “allocation method”, “approved person”, “calculation year”, “consumer information obligations”, “DOENI”, “financial year”, “marine installation”, “obligation year”, “producer responsibility obligations”, “recycling obligations,” “relevant date”, “relevant year”, “SIC code”, “small producer” and “turnover”;
(ii)in the definition of “appropriate authority”, in paragraph (a), for “regulations 2A, 2B and 4(7)” substitute “regulations 2A and 2B”;
(c)omit paragraphs (3) and (4).
(3) Omit Parts 2 and 3.
(4) Omit regulations 20 to 22.
(5) In regulation 22A—
(a)in paragraph (1), omit sub-paragraphs (a) and (b);
(b)omit paragraph (3).
(6) In regulation 27, omit paragraphs (1) and (2).
(7) Omit regulation 30.
(8) In regulation 31—
(a)in paragraph (1), omit sub-paragraphs (a) to (c);
(b)omit paragraph (2);
(c)in paragraph (3), omit sub-paragraphs (a) and (b).
(9) Omit regulation 32.
(10) In regulation 33, in paragraph (1), omit sub-paragraph (a).
(11) Omit regulations 34 and 34A.
(12) In regulation 36, omit paragraphs (2) and (4).
(13) Omit Part 8.
(14) In regulation 40—
(a)omit paragraphs (1) to (3);
(b)in paragraph (5), omit “or furnishes information to which regulation 19 applies to an operator of a scheme”;
(c)omit paragraph (8);
(d)in paragraph (9), for “(8)” substitute “(7)”.
(15) In each of regulations 40A(1) and 40B(1), omit the entries in the table relating to regulation 40(1)(a), 40(1)(b), 40(1)(c), 40(3), 40(8)(a) and 40(8)(b).
(16) Omit Parts 11 and 12.
(17) Omit Schedules 1 to 4.
(18) In Schedule 5, at the end insert—
“3. In paragraph 1(g) and (k), references to producers or operators of schemes include, in relation to the year 2025, persons who are producers or scheme operators under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.”.
(19) In Schedule 7—
(a)in paragraph 1, omit sub-paragraphs (a) and (b);
(b)omit paragraphs 3 and 4.
(20) Omit Schedules 8 to 10.
2.—(1) The 2007 (NI) Regulations are amended as follows.
(2) In regulation 2—
(a)in paragraph (1), omit the definition of “PROR”;
(b)in paragraph (2), omit the definitions of “allocation method”, “approved person”, “calculation year”, “consumer information obligations”, “financial year”, “marine installation”, “obligation year”, “organic recycling”, “preceding year”, “producer responsibility obligations”, “recycling obligations”, “relevant date”, “relevant year”, “SIC code”, “small producer” and “turnover”;
(c)omit paragraphs (3) and (4).
(3) Omit Parts 2 and 3.
(4) Omit regulations 20 to 22.
(5) In regulation 22A—
(a)in paragraph (1), omit sub-paragraphs (a) and (b);
(b)omit paragraph (3).
(6) In regulation 27, omit paragraphs (1) and (2).
(7) Omit regulation 30.
(8) In regulation 31—
(a)in paragraph (1), omit sub-paragraphs (a) to (c);
(b)omit paragraph (2);
(c)in paragraph (3), omit sub-paragraphs (a) and (b).
(9) Omit regulation 32.
(10) In regulation 33, in paragraph (1), omit sub-paragraph (a).
(11) Omit regulations 34 and 34A.
(12) In regulation 35, in paragraph (2)(h)(i), for “regulations 20, 22 and 25” substitute “regulation 25”.
(13) Omit regulation 36.
(14) Omit Part 8.
(15) In regulation 40—
(a)omit paragraphs (1) to (3);
(b)in paragraph (5), omit “or furnishes information to which regulation 19 applies to an operator of a scheme”;
(c)omit paragraph (8);
(d)in paragraph (9), for “(8)” substitute “(7)”.
(16) Omit Schedule 1.
(17) Omit Schedules 2 to 4.
(18) In Schedule 5, at the end insert—
“3. In paragraph 1(g) and (k), references to producers or operators of schemes include, in relation to the year 2025, persons who are producers or scheme operators under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.”.
(19) In Schedule 7—
(a)in paragraph 1, omit sub-paragraphs (a) and (b);
(b)omit paragraphs 3 and 4.
(20) Omit Schedules 9 to 11.
3. In the Waste Batteries and Accumulators Regulations 2009(24)—
(a)in regulation 52(2)(e)(iii)(cc), after “2007” insert “or the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024”;
(b)in paragraph 7 of Schedule 3, in sub-paragraph (1)(c), after “2007” insert “or the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024”.
4. In the Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013(25), in Part 2 of the Schedule, after paragraph (k), insert—
“(l)An offence under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.”.
Regulation 139
1. The following instruments are revoked—
(a)the Packaging Waste (Data Reporting) (England) Regulations 2023(26);
(b)the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023(27);
(c)the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023(28);
(d)the Packaging Waste (Data Reporting) (Scotland) Regulations 2023(29);
(e)the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023(30);
(f)the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2023(31);
(g)the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024(32);
(h)the Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024(33);
(i)the Packaging Waste (Data Reporting) (Scotland) (Amendment) Regulations 2024(34);
(j)the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024(35).
2. The following instruments are revoked on 1st January 2026—
(a)the 2007 Regulations;
(b)the 2007 (NI) Regulations;
(c)the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008(36);
(d)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland)) 2008(37);
(e)the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations (Northern Ireland) 2008(38);
(f)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010(39);
(g)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010(40);
(h)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012(41);
(i)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2013(42);
(j)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2013(43);
(k)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2016(44);
(l)the Producer Responsibility Obligations (Packaging Waste) (Miscellaneous Amendments) Regulations 2016(45);
(m)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2016(46);
(n)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2017(47);
(o)the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations (Northern Ireland) 2017(48);
(p)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2020(49);
(q)the Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2020(50);
(r)the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2020(51);
(s)the Producer Responsibility Obligations (Packaging Waste) (Amendment) (Wales) Regulations 2020(52);
(t)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2022(53);
(u)the Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2022(54);
(v)the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2022(55);
(w)the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2023(56);
(x)the Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations (Northern Ireland) 2023(57);
(y)the Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2023(58);
(z)the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2023(59).
1995 c. 25. Section 41(1)(n) was inserted by section 64(2) of the Environment Act 2021 (c. 30).
S.I. 1997/2778 (N.I. 19). Article 76A was inserted by section 65(1) of the Environment Act 2021.
S.R 2003 No. 493. Regulation 20B was inserted by section 65(6) of the Environment Act 2021.
1986 c. 45. Some provisions of the 1986 Act have effect, with modifications, in relation to LLPs by virtue of article 5 of S.I. 2001/1090 and in relation to some partnerships by virtue of S.I. 1994/2421.
S.I. 1989/2405 (N.I. 19). Some provisions of the 1989 Order have effect, with modifications, in relation to LLPs by virtue of article 5 of S.R. 2004 No. 307 and in relation to some partnerships by virtue of S.R. 1995 No. 225.
Section 84 of the 1986 Act and article 70 of the 1989 Order were amended by S.I. 2007/2194; there are other amendments to both those provisions but none is relevant.
Schedule B1 to the 1986 Act was inserted by section 248(2) of, and Schedule 16 to, the Enterprise Act 2002 (c. 40).
Schedule B1 to the 1989 Order was inserted by article 3(2) of, and Schedule 1 to, S.R. 2005 No. 1455.
Part 7A of the 1986 Act was inserted by section 108(1) of, and Schedule 17 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
Part 7A of the 1989 Order was inserted by section 1 of the Debt Relief Act (Northern Ireland) 2010 (c. 16).
S.I. 2015/776, to which there are amendments not relevant to these Regulations.
2003 c. 17. Section 191 was amended by section 135 of the Policing and Crime Act 2017 (c. 3) and S.I. 2006/2407.
2005 asp 16. Section 2 was amended by section 54 of the Air Weapons and Licensing (Scotland) Act 2015 (asp 10).
S.I. 1996/3158 (N.I. 22). The definition of intoxicating liquor in article 2 was amended by section 27 of, and Schedule 2 to, the Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7).
Article 7 was amended by section 4(1) of the Licensing Act (Northern Ireland) 2016 (c. 24), section 25(2) of the Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7) and S.I. 2004/1994 (N.I. 17).
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