The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
47 Application for approval of a compliance scheme
(1) An application for approval of a compliance scheme must be made in writing to the appropriate agency by the scheme operator and must— (a) contain— (i) the name and address of the scheme operator; and (ii) such other information as may be required by the appropriate agency; (b) be accompanied by a copy of— (i) the constitution of the scheme; (ii) the rules with which a member of the scheme is obliged to comply; (iii) the procedures under which the scheme operator enforces the rules against a member of the scheme; and (iv) an operational plan for the next three years which complies with Part 1 of Schedule 6, for approval by the appropriate agency. (2) The charge in paragraph 3(1) of Schedule 1 must be paid by the scheme operator when an application for approval is made. (3) An application for approval of a compliance scheme must be determined by the appropriate agency before the end of a period of 12 weeks starting with the day on which— (a) the appropriate agency has received the application and all the accompanying documentation referred to in paragraph (1); and (b) the charge referred to in paragraph (2) has been paid. (4) An application for approval of a compliance scheme must be granted where— (a) the application meets the requirements in paragraph (1) and the charge referred to in paragraph (2) has been paid; (b) the appropriate agency is satisfied that— (i) the compliance scheme is likely to subsist for a period of at least 3 years; (ii) the scheme operator will be able to meet the conditions in regulation 48; and (iii) the scheme operator is a fit and proper person to be an operator of a compliance scheme; and (c) the appropriate agency approves the scheme operator’s operational plan, and must otherwise be refused. (5) Where an application for approval of a compliance scheme is determined— (a) the appropriate agency must serve on the scheme operator notice in writing of its decision within 28 days of the day on which that decision is made; (b) if the application has been refused, the notice must include— (i) the reasons for the refusal; and (ii) a statement as to the right of appeal under regulation 104(2)(a). (6) Approval of a compliance scheme under this regulation, or treatment of a compliance scheme as being approved under paragraph 9(1) of Schedule 15, ceases to be valid on the occurrence of any of the following events— (a) a conviction of the scheme operator for an offence under— (i) these Regulations; (ii) the 2007 Regulations; (iii) the 2007 (NI) Regulations; or (iv) the 2023 Data Regulations; (b) the scheme operator notifying the appropriate agency under regulation 56 that it did not comply with the requirements of regulation 43 for the previous year of registration; (c) the scheme operator failing to comply, where applicable, with any additional conditions imposed under regulation 48(2); (d) a change in the person who is the scheme operator. (7) Where any of the events in paragraph (6)(a), (b) or (c) occurs, and the scheme operator wishes to continue to operate the compliance scheme, a further application for approval in accordance with paragraph (1) must be made— (a) within 28 days of the day on which an event mentioned in paragraph (6)(a) or (c) above occurred; or (b) within 14 days of the day on which an event mentioned in paragraph (6)(b) occurred.
47 Application for approval of a compliance scheme
(1) An application for approval of a compliance scheme must be made in writing to the appropriate agency by the scheme operator and must— (a) contain— (i) the name and address of the scheme operator; and (ii) such other information as may be required by the appropriate agency; (b) be accompanied by a copy of— (i) the constitution of the scheme; (ii) the rules with which a member of the scheme is obliged to comply; (iii) the procedures under which the scheme operator enforces the rules against a member of the scheme; and (iv) an operational plan for the next three years which complies with Part 1 of Schedule 6, for approval by the appropriate agency. (2) The charge in paragraph 3(1) of Schedule 1 must be paid by the scheme operator when an application for approval is made. (3) An application for approval of a compliance scheme must be determined by the appropriate agency before the end of a period of 12 weeks starting with the day on which— (a) the appropriate agency has received the application and all the accompanying documentation referred to in paragraph (1); and (b) the charge referred to in paragraph (2) has been paid. (4) An application for approval of a compliance scheme must be granted where— (a) the application meets the requirements in paragraph (1) and the charge referred to in paragraph (2) has been paid; (b) the appropriate agency is satisfied that— (i) the compliance scheme is likely to subsist for a period of at least 3 years; (ii) the scheme operator will be able to meet the conditions in regulation 48; and (iii) the scheme operator is a fit and proper person to be an operator of a compliance scheme; and (c) the appropriate agency approves the scheme operator’s operational plan, and must otherwise be refused. (5) Where an application for approval of a compliance scheme is determined— (a) the appropriate agency must serve on the scheme operator notice in writing of its decision within 28 days of the day on which that decision is made; (b) if the application has been refused, the notice must include— (i) the reasons for the refusal; and (ii) a statement as to the right of appeal under regulation 104(2)(a). (6) Approval of a compliance scheme under this regulation, or treatment of a compliance scheme as being approved under paragraph 9(1) of Schedule 15, ceases to be valid on the occurrence of any of the following events— (a) a conviction of the scheme operator for an offence under— (i) these Regulations; (ii) the 2007 Regulations; (iii) the 2007 (NI) Regulations; or (iv) the 2023 Data Regulations; (b) the scheme operator notifying the appropriate agency under regulation 56 that it did not comply with the requirements of regulation 43 for the previous year of registration; (c) the scheme operator failing to comply, where applicable, with any additional conditions imposed under regulation 48(2); (d) a change in the person who is the scheme operator. (7) Where any of the events in paragraph (6)(a), (b) or (c) occurs, and the scheme operator wishes to continue to operate the compliance scheme, a further application for approval in accordance with paragraph (1) must be made— (a) within 28 days of the day on which an event mentioned in paragraph (6)(a) or (c) above occurred; or (b) within 14 days of the day on which an event mentioned in paragraph (6)(b) occurred.
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