The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025
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Change 1
80 Interim scheme administrator
(1) This regulation applies where— (a) the Secretary of State revokes a person’s appointment as the deposit management organisation (the “outgoing DMO”), and (b) the revocation takes effect before another person is appointed as the deposit management organisation. (2) The Secretary of State may— (a) carry out the essential DMO functions during the interim period, or (b) with the consent of DAERA, appoint another person to carry out those functions during the interim period. (3) The Scheme applies during the interim period with the modifications set out in paragraphs (4) to (6). (4) Any reference to the deposit management organisation in any of the provisions mentioned in the definition of “essential DMO functions” is to be read as a reference to the interim scheme administrator. (5) Any registration fee determined under regulation 63 which is in effect immediately before the revocation date is to have effect on and after that date as if determined by the interim scheme administrator. (6) Regulation 52 is to be treated as omitted for the purposes of the exercise of the essential DMO functions under this regulation. (7) For the purposes of regulations 76 to 78— (a) any decision made by the outgoing DMO has effect as a decision of the interim scheme administrator; (b) any internal review procedures which are in effect immediately before the revocation date are to have effect on and after that date as if specified by the interim scheme administrator. (8) For the purposes of this regulation, the “essential DMO functions” are the functions of the deposit management organisation under— (a) regulation 11 and Schedule 1 (registration of scheme producers); (b) regulation 12 (register of scheme producers); (c) regulation 14 (DMO instructions); (d) regulation 18 (registration of low volume products); (e) regulation 19 (cancellation of registration of low volume products); (f) regulation 20 (updates on low volume); (g) regulation 21 (payment of registration fee to deposit management organisation); (h) regulation 22 (receipt of deposits); (i) regulation 30 (DMO instructions); (j) regulations 31 to 33 (overseas schemes); (k) regulation 34(4) and (5) and Schedule 2 (registration of mandatory return point operators); (l) regulation 34(6) and Schedule 3 (return point exemptions); (m) regulations 38 and 41 and Schedule 4 (voluntary return points and take-back services); (n) regulation 39 (operation of return points), in so far as it relates to any return point operated by the deposit management organisation immediately before the revocation date; (o) regulation 43 (collection or acceptance of returnable items from any person), in so far as it relates to any arrangements made by the deposit management organisation and remaining in effect immediately before the revocation date; (p) regulations 44 to 46 (registers); (q) regulation 62 (use of amounts received as deposits); (r) regulation 63 (registration fees for scheme producers), if there is no registration fee requirement in effect immediately before the revocation date or alterations are required to any registration fee requirement following a review under regulation 63(9); (s) regulation 64 (use of registration fees); (t) regulation 66 (collection etc. of returnable items); (u) regulation 67 (handling payments); (v) regulation 68 (recycling of in-scope material); (w) regulation 70 (amounts received in connection with arrangements under regulation 68 or 69), in so far as it relates to recycling functions under regulation 69; (x) regulation 71 (payment of NEA costs); (y) regulation 73 (co-operation); (z) regulation 74 (co-operation with other scheme administrators); (z1) regulation 75 (payments to other scheme administrators); (z2) regulation 76 (internal review). (9) In this regulation— “interim period” means the period— beginning with the revocation date, and ending at the end of the day preceding the day on which the next appointment of a person as the deposit management organisation takes effect; “revocation date” means the date on which the revocation of the outgoing DMO’s appointment takes effect.
80 Interim scheme administrator
(1) This regulation applies where— (a) the Secretary of State revokes a person’s appointment as the deposit management organisation (the “outgoing DMO”), and (b) the revocation takes effect before another person is appointed as the deposit management organisation. (2) The Secretary of State may— (a) carry out the essential DMO functions during the interim period, or (b) with the consent of DAERA, appoint another person to carry out those functions during the interim period. (3) The Scheme applies during the interim period with the modifications set out in paragraphs (4) to (6). (4) Any reference to the deposit management organisation in any of the provisions mentioned in the definition of “essential DMO functions” is to be read as a reference to the interim scheme administrator. (5) Any registration fee determined under regulation 63 which is in effect immediately before the revocation date is to have effect on and after that date as if determined by the interim scheme administrator. (6) Regulation 52 is to be treated as omitted for the purposes of the exercise of the essential DMO functions under this regulation. (7) For the purposes of regulations 76 to 78— (a) any decision made by the outgoing DMO has effect as a decision of the interim scheme administrator; (b) any internal review procedures which are in effect immediately before the revocation date are to have effect on and after that date as if specified by the interim scheme administrator. (8) For the purposes of this regulation, the “essential DMO functions” are the functions of the deposit management organisation under— (a) regulation 11 and Schedule 1 (registration of scheme producers); (b) regulation 12 (register of scheme producers); (c) regulation 14 (DMO instructions); (d) regulation 18 (registration of low volume products); (e) regulation 19 (cancellation of registration of low volume products); (f) regulation 20 (updates on low volume); (g) regulation 21 (payment of registration fee to deposit management organisation); (h) regulation 22 (receipt of deposits); (i) regulation 30 (DMO instructions); (j) regulations 31 to 33 (overseas schemes); (k) regulation 34(4) and (5) and Schedule 2 (registration of mandatory return point operators); (l) regulation 34(6) and Schedule 3 (return point exemptions); (m) regulations 38 and 41 and Schedule 4 (voluntary return points and take-back services); (n) regulation 39 (operation of return points), in so far as it relates to any return point operated by the deposit management organisation immediately before the revocation date; (o) regulation 43 (collection or acceptance of returnable items from any person), in so far as it relates to any arrangements made by the deposit management organisation and remaining in effect immediately before the revocation date; (p) regulations 44 to 46 (registers); (q) regulation 62 (use of amounts received as deposits); (r) regulation 63 (registration fees for scheme producers), if there is no registration fee requirement in effect immediately before the revocation date or alterations are required to any registration fee requirement following a review under regulation 63(9); (s) regulation 64 (use of registration fees); (t) regulation 66 (collection etc. of returnable items); (u) regulation 67 (handling payments); (v) regulation 68 (recycling of in-scope material); (w) regulation 70 (amounts received in connection with arrangements under regulation 68 or 69), in so far as it relates to recycling functions under regulation 69; (x) regulation 71 (payment of NEA costs); (y) regulation 73 (co-operation); (z) regulation 74 (co-operation with other scheme administrators); (z1) regulation 75 (payments to other scheme administrators); (z2) regulation 76 (internal review). (9) In this regulation— “interim period” means the period— beginning with the revocation date, and ending at the end of the day preceding the day on which the next appointment of a person as the deposit management organisation takes effect; “revocation date” means the date on which the revocation of the outgoing DMO’s appointment takes effect.
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