The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
44 Producer responsibility obligations carried out by scheme operators
(1) For the purposes of regulation 43(3)(a) (obligation of scheme operator to carry out registration obligations of scheme members)— (a) the scheme operator must make an application for registration of a producer on or before the date by which the producer would have been required under regulation 28 to make that application if the producer were not a member of the compliance scheme; (b) regulations 29 and 30 apply in relation to the application, with the modifications that— (i) the application must be signed by the approved person of the scheme operator to verify the information contained in or provided with the application; (ii) the charges payable for the application are those in paragraph 4 of Schedule 1; and (iii) the notice required to be served by the appropriate agency under regulation 30(2)(a) or (3) must be served on the scheme operator; (c) the conditions in regulation 31 apply to the registration, with the modification that the first reference to P in each sub-paragraph is to be treated as including a reference to the scheme operator; (d) regulation 32 applies in relation to the registration, with the modification that the grounds in paragraph (1) for cancelling the registration are to be treated as including the ground that it appears to the appropriate agency that the scheme operator is in breach of a condition in regulation 31 which applies to the scheme operator by virtue of sub-paragraph (c) above. (2) For the purposes of regulation 43(3)(b) (obligation of scheme operator to carry out reporting obligations of scheme members) regulations 35 to 39 apply in relation to a report made by a scheme operator, with the modifications to regulation 39 that— (a) the report must be verified by the signature of the approved person of the scheme operator; and (b) the charge payable for resubmitting a report under regulation 39(3) is the charge in paragraph 3(3) of Schedule 1. (3) For the purposes of regulation 43(3)(c) (obligation of scheme operator to carry out recycling obligations of scheme members), regulation 40 applies with the modification that all references to a large producer are to be treated as including references to the scheme operator.
44 Producer responsibility obligations carried out by scheme operators
(1) For the purposes of regulation 43(3)(a) (obligation of scheme operator to carry out registration obligations of scheme members)— (a) the scheme operator must make an application for registration of a producer on or before the date by which the producer would have been required under regulation 28 to make that application if the producer were not a member of the compliance scheme; (b) regulations 29 and 30 apply in relation to the application, with the modifications that— (i) the application must be signed by the approved person of the scheme operator to verify the information contained in or provided with the application; (ii) the charges payable for the application are those in paragraph 4 of Schedule 1; and (iii) the notice required to be served by the appropriate agency under regulation 30(2)(a) or (3) must be served on the scheme operator; (c) the conditions in regulation 31 apply to the registration, with the modification that the first reference to P in each sub-paragraph is to be treated as including a reference to the scheme operator; (d) regulation 32 applies in relation to the registration, with the modification that the grounds in paragraph (1) for cancelling the registration are to be treated as including the ground that it appears to the appropriate agency that the scheme operator is in breach of a condition in regulation 31 which applies to the scheme operator by virtue of sub-paragraph (c) above. (2) For the purposes of regulation 43(3)(b) (obligation of scheme operator to carry out reporting obligations of scheme members) regulations 35 to 39 apply in relation to a report made by a scheme operator, with the modifications to regulation 39 that— (a) the report must be verified by the signature of the approved person of the scheme operator; and (b) the charge payable for resubmitting a report under regulation 39(3) is the charge in paragraph 3(3) of Schedule 1. (3) For the purposes of regulation 43(3)(c) (obligation of scheme operator to carry out recycling obligations of scheme members), regulation 40 applies with the modification that all references to a large producer are to be treated as including references to the scheme operator.
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