9.—(1) The deposit management organisation must, if requested to do so by the scheme supplier or the exempt groceries retailer authorised to operate a return point at or on particular premises, revoke the authorisation to operate that return point.
(2) The deposit management organisation must, if requested to do so by the scheme retailer, revoke the scheme retailer’s authorisation as a take-back service provider.
(3) Where the deposit management organisation revokes a person’s authorisation under this paragraph, the deposit management organisation must give the person a notice, specifying the day at the end of which the authorisation ceases to have effect.
10.—(1) The deposit management organisation may revoke—
(a)the authorisation of a scheme supplier or exempt groceries retailer to operate a return point at or on particular premises, or
(b)a scheme retailer’s authorisation to provide take-back services,
otherwise than following a request under paragraph 9.
(2) The deposit management organisation may only revoke the authorisation of a scheme supplier or exempt groceries retailer under sub-paragraph (1)(a) on the following grounds—
(a)the person has failed to comply with one or more of their obligations as a return point operator under or in connection with the Scheme;
(b)there has been a change of circumstances since the authorisation was granted, including any change such that—
(i)the location, layout, design, or construction of the premises to which the authorisation relates can no longer, or can no longer easily, permit the operation of a return point and cannot be reasonably altered to allow the continued operation of a return point;
(ii)the operation of the return point to which the authorisation relates is no longer viable.
(3) The deposit management organisation may only revoke a scheme retailer’s authorisation to provide take-back services under sub-paragraph (1)(b) on the following grounds—
(a)the scheme retailer has failed to comply with any of their obligations as a take-back service provider under or in connection with the Scheme;
(b)there has been a change of circumstances since the authorisation was granted;
(c)the operation of the take-back service is no longer viable.
(4) Where the deposit management organisation proposes to revoke an authorisation, it must give that person a notice (a “proposal notice”).
(5) A proposal notice must be in writing and must—
(a)state the reasons for which the deposit management organisation is proposing to revoke the authorisation, and
(b)specify the day at the end of which the revocation is expected to take effect, if the proposal is upheld, and
(c)specify the form and manner in which, and the period within which the relevant person may make representations to the deposit management organisation about the proposed revocation, which must not be less than 28 days beginning with the date on which the person receives the proposal notice.
(6) The deposit management organisation—
(a)must consider any representations made to it in the specified form and manner and by the specified date;
(b)may consider any representations made otherwise than in the specified form or manner or after the specified date (or both).
(7) Where the deposit management organisation decides to proceed with the revocation of a person’s authorisation, it must give the person a notice (a “revocation notice”).
(8) A revocation notice must be in writing and must—
(a)state that the person’s authorisation is being revoked, and the reasons why, and
(b)specify the day at the end of which the revocation will take effect, and
(c)state that the person has a right under regulation 76 to apply to the deposit management organisation to review its decision.
(9) If the person exercises the right referred to in sub-paragraph (8)(c), the revocation notice will not take effect pending the review of the decision.
(10) The date specified for the purposes of sub-paragraph (8)(b) must not be before the end of the period of 28 days beginning with the date on which the person receives the revocation notice.
(11) The deposit management organisation must notify the person in writing of its decision within a reasonable time.