The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025

Regulation 98

Schedule 7 Procedure on Appeal

Application

1.—(1) Paragraph 2 applies to a person in England who wishes to appeal to the First-tier Tribunal under regulation 97 (such a person is referred to in this Schedule as an “FTT appellant”).

(2) Paragraphs 3 to 5 apply to a person in Northern Ireland who wishes to appeal to the appeals commission under regulation 97 (such a person is referred to in this Schedule as a “PACNI appellant”).

(3) In this Schedule, “appeals commission” means the planning appeals commission established in accordance with section 203 of the Planning Act (Northern Ireland) 2011(1).

Appeal to the First-tier Tribunal

2.—(1) A FTT appellant may appeal to the First-tier Tribunal in accordance with the GRC Rules 2009.

(2) The GRC Rules 2009 apply to the appeal subject to the modification in sub-paragraph (3).

(3) Rule 22 of the GRC Rules 2009 applies to an appeal brought under regulation 97 of these Regulations as if paragraph (1)(b) of that rule required the appeal to be brought within two months of the date on which the notice to which the appeal relates was sent to the FTT appellant.

(4) In this paragraph “the GRC Rules 2009” means the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009(2).

Appeal to the appeals commission: notice of appeal

3.—(1) A PACNI appellant must appeal to the appeals commission by sending a notice to the appeals commission (“the notice of appeal”).

(2) The notice of appeal must be in writing and must be accompanied by the relevant fee.

(3) The relevant fee is the amount specified in regulation 9(1) of the Planning Fees (Deemed Planning Applications and Appeals) Regulations (Northern Ireland) 2015(3).

(4) The notice of appeal must be accompanied by—

(a) a statement of the grounds of appeal,

(b) a copy of the notice which is the subject of the appeal,

(c) a copy of any correspondence between the PACNI appellant and the deposit management organisation or the national enforcement authority and any other document relevant to the appeal,

(d) a copy of any other document on which the PACNI appellant intends to rely for the purposes of the appeal, and

(e) a statement indicating whether the PACNI appellant wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations.

Appeal to the appeals commission: time for bringing appeal

4.  The notice of appeal under paragraph 3(1) must be given to the appeals commission before the end of the period of 2 months beginning with the date on which the notice to which the appeal relates was received by the appellant.

Appeal to the appeals commission: decision on appeal

5.—(1) The appeals commission must notify the PACNI appellant in writing of the decision on the appeal and the reasons for that decision.

(2) If the appeals commission determines the appeal after a hearing, the appeals commission must provide the appellant with a copy of any report made by the person who conducted the hearing.

(3) The appeals commission must, at the same time as notifying the appellant of the decision on the appeal, send a copy of any document sent to the appellant under this paragraph to the national enforcement authority.

(1)

2011 c. 25.

(2)

S.I. 2009/1976 (L. 20).

(3)

S.R. 2015 No. 136.