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The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024

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Change 1

What to do with it
As published

116 Offences: scheme operators

It is an offence for a scheme operator— (a) to operate a compliance scheme without registering the compliance scheme under regulations 43(1)(b) and 51(1); (b) to breach a condition of the compliance scheme’s registration in regulation 53; (c) to fail to carry out the obligation to apply for the registration of a member of the compliance scheme under regulation 43(3)(a); (d) to fail to make an application referred to in sub-paragraph (c) by the date on which that application is required to be made under regulation 44(1)(a); (e) to fail to report information in relation to a member of the compliance scheme which the scheme operator is required to report under regulations 43(3)(b) and 44(2); (f) to fail to make a report of any of the information referred to in sub-paragraph (e) by the date on which that report is required to be made under regulation 35, 36, 37 or 38, as those regulations apply by virtue of regulation 44(2); (g) to fail to carry out the recycling obligations under regulation 43(3)(c) and 44(3); (h) to fail to keep records and make returns to the appropriate agency as required by regulations 43(6)(a) and 55; (i) to fail to submit a statement of compliance to the appropriate agency as required by regulation 56; (j) to fail to give each member of the compliance scheme— (i) the notice required by regulation 49(5) if approval of the compliance scheme is withdrawn; or (ii) the notice required by regulation 54(4) if registration of the compliance scheme is cancelled.

Your change, as a redline

116 Offences: scheme operators

It is an offence for a scheme operator— (a) to operate a compliance scheme without registering the compliance scheme under regulations 43(1)(b) and 51(1); (b) to breach a condition of the compliance scheme’s registration in regulation 53; (c) to fail to carry out the obligation to apply for the registration of a member of the compliance scheme under regulation 43(3)(a); (d) to fail to make an application referred to in sub-paragraph (c) by the date on which that application is required to be made under regulation 44(1)(a); (e) to fail to report information in relation to a member of the compliance scheme which the scheme operator is required to report under regulations 43(3)(b) and 44(2); (f) to fail to make a report of any of the information referred to in sub-paragraph (e) by the date on which that report is required to be made under regulation 35, 36, 37 or 38, as those regulations apply by virtue of regulation 44(2); (g) to fail to carry out the recycling obligations under regulation 43(3)(c) and 44(3); (h) to fail to keep records and make returns to the appropriate agency as required by regulations 43(6)(a) and 55; (i) to fail to submit a statement of compliance to the appropriate agency as required by regulation 56; (j) to fail to give each member of the compliance scheme— (i) the notice required by regulation 49(5) if approval of the compliance scheme is withdrawn; or (ii) the notice required by regulation 54(4) if registration of the compliance scheme is cancelled.

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