The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
32 Cancellation of registration of producers
(1) The appropriate agency may cancel the registration of a producer where it appears to the appropriate agency that— (a) the producer is in breach of any of the conditions in regulation 31; (b) the producer knowingly or recklessly supplied to a scheme operator information which is false or misleading in a material particular, to be used in connection with an application for the producer’s registration; or (c) the applicant for producer registration knowingly or recklessly supplied information which is false or misleading in a material particular, in connection with the application, or in connection with compliance with any of the conditions in regulation 31. (2) The appropriate agency must cancel the registration of a producer where— (a) it appears to the appropriate agency that any of the circumstances referred to in regulation 27(1) apply in relation to the producer; or (b) it is notified that the producer— (i) has become a member of a compliance scheme and been registered by the scheme operator pursuant to regulation 43(3)(a); or (ii) has otherwise ceased to be subject to producer responsibility obligations in respect of the relevant year. (3) Before cancelling a registration under paragraph (1) or (2), the appropriate agency must serve on the producer concerned written notice of— (a) its decision to cancel the registration; (b) the reasons for the decision; (c) the date when cancellation will take effect, not being earlier than— (i) in the case of cancellation under paragraph (1) or (2)(a), the expiration of the time limit in paragraph 2 or 4 of Schedule 11, as applicable, for bringing an appeal against the notice; or (ii) in the case of cancellation under paragraph (2)(b), 5 working days after the date of the notice; (d) the right of appeal under regulation 104(1)(b), where applicable; and (e) if the cancellation is under paragraph (1), and the grounds for cancellation constitute an offence, a statement identifying which offence in regulation 115 or 118 it appears to the appropriate agency is being committed by the producer. (4) Paragraph (3) does not apply where a registration is being cancelled because the producer has died. (5) The appropriate agency must inform the scheme administrator if it cancels the registration of a producer who is a liable producer under regulation 60.
32 Cancellation of registration of producers
(1) The appropriate agency may cancel the registration of a producer where it appears to the appropriate agency that— (a) the producer is in breach of any of the conditions in regulation 31; (b) the producer knowingly or recklessly supplied to a scheme operator information which is false or misleading in a material particular, to be used in connection with an application for the producer’s registration; or (c) the applicant for producer registration knowingly or recklessly supplied information which is false or misleading in a material particular, in connection with the application, or in connection with compliance with any of the conditions in regulation 31. (2) The appropriate agency must cancel the registration of a producer where— (a) it appears to the appropriate agency that any of the circumstances referred to in regulation 27(1) apply in relation to the producer; or (b) it is notified that the producer— (i) has become a member of a compliance scheme and been registered by the scheme operator pursuant to regulation 43(3)(a); or (ii) has otherwise ceased to be subject to producer responsibility obligations in respect of the relevant year. (3) Before cancelling a registration under paragraph (1) or (2), the appropriate agency must serve on the producer concerned written notice of— (a) its decision to cancel the registration; (b) the reasons for the decision; (c) the date when cancellation will take effect, not being earlier than— (i) in the case of cancellation under paragraph (1) or (2)(a), the expiration of the time limit in paragraph 2 or 4 of Schedule 11, as applicable, for bringing an appeal against the notice; or (ii) in the case of cancellation under paragraph (2)(b), 5 working days after the date of the notice; (d) the right of appeal under regulation 104(1)(b), where applicable; and (e) if the cancellation is under paragraph (1), and the grounds for cancellation constitute an offence, a statement identifying which offence in regulation 115 or 118 it appears to the appropriate agency is being committed by the producer. (4) Paragraph (3) does not apply where a registration is being cancelled because the producer has died. (5) The appropriate agency must inform the scheme administrator if it cancels the registration of a producer who is a liable producer under regulation 60.
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