The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
131 Fit and proper person test
(1) This regulation applies where the appropriate agency is determining whether— (a) a scheme operator is a fit and proper person for the purposes of regulation 47(4)(b) or 49(1)(a); or (b) a reprocessor or exporter is a fit and proper person for the purposes of regulation 97(2)(c) or 100(1)(c). (2) The appropriate agency may not determine that a person is a fit and proper person unless the appropriate agency is satisfied that the person will comply or will secure compliance with the conditions which apply— (a) to the approval of a registered compliance scheme, where the person is a scheme operator; (b) to any accreditation granted to the person, where the person is a reprocessor or an exporter. (3) In determining whether a person is a fit and proper person, the appropriate agency may take into account— (a) whether the person, or a relevant associate of the person, is failing, or has in the past failed, to comply with— (i) any of the conditions described in paragraph (2), whether imposed under these Regulations, the 2007 Regulations or the 2007 (NI) Regulations; or (ii) any regulatory requirements applying to that person or that person’s activities; (b) whether the person, or a relevant associate of the person, has been convicted of a relevant offence; (c) the nature and seriousness of any failure to comply referred to in sub-paragraph (a), or of any relevant offence referred to in sub-paragraph (b); and (d) any other factor which the appropriate agency considers relevant to its determination. (4) For the purposes of sub-paragraph (3)— “regulatory requirements” means requirements imposed in or under primary or secondary legislation or assimilated EU law, including but not limited to requirements relating to the protection of the environment; “relevant associate” means— where the person whose status as a fit and proper person is being considered (“A”) is an individual— any company of which A is or has been a director, manager, secretary or other similar officer, or over which A has, or has had, significant control; any partnership of which A is, or has been, a partner; any LLP of which A is, or has been, a member; any individual who is an officer of a company referred to in paragraph (i), a partner of a partnership referred to in paragraph (ii), or a member of an LLP referred to in paragraph (iii); where A is a partnership, a partner or former partner; where A is an LLP, a member or former member; where A is a body corporate— a current or former director, manager, secretary or other similar officer; any other body corporate of which a director, manager, secretary or other similar officer of A is or has been a director, manager, secretary or other similar officer; any body corporate within the same group as A, or over which a person who has significant control over A also has significant control; and any person who is a member of that body corporate; where A is an unincorporated association, any officer of the association, or member of its governing body; an employee of— A; a partnership of which A is or has been a partner; an LLP of which A is or has been a member; a body corporate of which A is or was a director, manager, secretary or other officer; any other person who plays a significant role in— the making of decisions about how the whole or a substantial part of A’s activities are to be managed, controlled or operated; or the actual management, control or operation of the whole or a substantial part of those activities; a person who is an approved person in relation to A; “relevant offence” means an offence which the appropriate agency considers to be relevant to the determination referred to in paragraph (1). (5) For the purposes of the definition of “relevant associate” in paragraph (4)— “group” means a parent undertaking and its subsidiary undertakings, and for this purpose “parent undertaking” and “subsidiary undertakings” have the meanings given in section 1162 of the Companies Act 2006, read with Schedule 7 to that Act; “significant control” has the meaning given in section 790C of, and Part 1 of Schedule 1A to, the Companies Act 2006.
131 Fit and proper person test
(1) This regulation applies where the appropriate agency is determining whether— (a) a scheme operator is a fit and proper person for the purposes of regulation 47(4)(b) or 49(1)(a); or (b) a reprocessor or exporter is a fit and proper person for the purposes of regulation 97(2)(c) or 100(1)(c). (2) The appropriate agency may not determine that a person is a fit and proper person unless the appropriate agency is satisfied that the person will comply or will secure compliance with the conditions which apply— (a) to the approval of a registered compliance scheme, where the person is a scheme operator; (b) to any accreditation granted to the person, where the person is a reprocessor or an exporter. (3) In determining whether a person is a fit and proper person, the appropriate agency may take into account— (a) whether the person, or a relevant associate of the person, is failing, or has in the past failed, to comply with— (i) any of the conditions described in paragraph (2), whether imposed under these Regulations, the 2007 Regulations or the 2007 (NI) Regulations; or (ii) any regulatory requirements applying to that person or that person’s activities; (b) whether the person, or a relevant associate of the person, has been convicted of a relevant offence; (c) the nature and seriousness of any failure to comply referred to in sub-paragraph (a), or of any relevant offence referred to in sub-paragraph (b); and (d) any other factor which the appropriate agency considers relevant to its determination. (4) For the purposes of sub-paragraph (3)— “regulatory requirements” means requirements imposed in or under primary or secondary legislation or assimilated EU law, including but not limited to requirements relating to the protection of the environment; “relevant associate” means— where the person whose status as a fit and proper person is being considered (“A”) is an individual— any company of which A is or has been a director, manager, secretary or other similar officer, or over which A has, or has had, significant control; any partnership of which A is, or has been, a partner; any LLP of which A is, or has been, a member; any individual who is an officer of a company referred to in paragraph (i), a partner of a partnership referred to in paragraph (ii), or a member of an LLP referred to in paragraph (iii); where A is a partnership, a partner or former partner; where A is an LLP, a member or former member; where A is a body corporate— a current or former director, manager, secretary or other similar officer; any other body corporate of which a director, manager, secretary or other similar officer of A is or has been a director, manager, secretary or other similar officer; any body corporate within the same group as A, or over which a person who has significant control over A also has significant control; and any person who is a member of that body corporate; where A is an unincorporated association, any officer of the association, or member of its governing body; an employee of— A; a partnership of which A is or has been a partner; an LLP of which A is or has been a member; a body corporate of which A is or was a director, manager, secretary or other officer; any other person who plays a significant role in— the making of decisions about how the whole or a substantial part of A’s activities are to be managed, controlled or operated; or the actual management, control or operation of the whole or a substantial part of those activities; a person who is an approved person in relation to A; “relevant offence” means an offence which the appropriate agency considers to be relevant to the determination referred to in paragraph (1). (5) For the purposes of the definition of “relevant associate” in paragraph (4)— “group” means a parent undertaking and its subsidiary undertakings, and for this purpose “parent undertaking” and “subsidiary undertakings” have the meanings given in section 1162 of the Companies Act 2006, read with Schedule 7 to that Act; “significant control” has the meaning given in section 790C of, and Part 1 of Schedule 1A to, the Companies Act 2006.
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