The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
49 Withdrawal of approval of a compliance scheme
(1) The appropriate agency may withdraw approval of a compliance scheme— (a) where it appears to it that— (i) the scheme operator is in breach of any of the conditions in regulation 48(1) or (2); (ii) the scheme operator knowingly or recklessly supplied information which is false or misleading in a material particular, in connection with the application for approval or registration of the compliance scheme, or in connection with compliance with the conditions in regulation 48(1) or (2); or (iii) the scheme operator is not a fit and proper person, or has at any time ceased to be a fit and proper person, to operate a compliance scheme; or (b) at the request of the scheme operator. (2) Before withdrawing approval of a compliance scheme, the appropriate agency must serve on the scheme operator written notice of— (a) its decision to withdraw approval; (b) where approval is being withdrawn under paragraph (1)(a)— (i) the reasons for the decision; (ii) the right of appeal under regulation 104(2)(c); and (c) the date and time when the withdrawal takes effect, which must be no earlier than the date and time of service of the notice. (3) Where approval of a compliance scheme has ceased to be valid under regulation 47(6), and no further application has been made in accordance with regulation 47(7), the approval is to be treated as withdrawn, and the appropriate agency must serve written notice on the scheme operator of its withdrawal. (4) The notice served under paragraph (3) must include— (a) the reasons why the approval has ceased to be valid; and (b) a statement that the approval is to be treated as withdrawn, with effect from the date of the notice. (5) The scheme operator of a compliance scheme in relation to which approval is withdrawn under this regulation must, within 14 days of the date on which the scheme operator received notice of the withdrawal, give each scheme member a notice in writing containing the following information— (a) a statement that approval of the scheme has been withdrawn and the date when the withdrawal took effect, or will take effect, as the case may be; (b) the reasons for the withdrawal; and (c) the obligations under regulations 25 and 46(2) of a producer who ceases to be a member of a registered compliance scheme.
49 Withdrawal of approval of a compliance scheme
(1) The appropriate agency may withdraw approval of a compliance scheme— (a) where it appears to it that— (i) the scheme operator is in breach of any of the conditions in regulation 48(1) or (2); (ii) the scheme operator knowingly or recklessly supplied information which is false or misleading in a material particular, in connection with the application for approval or registration of the compliance scheme, or in connection with compliance with the conditions in regulation 48(1) or (2); or (iii) the scheme operator is not a fit and proper person, or has at any time ceased to be a fit and proper person, to operate a compliance scheme; or (b) at the request of the scheme operator. (2) Before withdrawing approval of a compliance scheme, the appropriate agency must serve on the scheme operator written notice of— (a) its decision to withdraw approval; (b) where approval is being withdrawn under paragraph (1)(a)— (i) the reasons for the decision; (ii) the right of appeal under regulation 104(2)(c); and (c) the date and time when the withdrawal takes effect, which must be no earlier than the date and time of service of the notice. (3) Where approval of a compliance scheme has ceased to be valid under regulation 47(6), and no further application has been made in accordance with regulation 47(7), the approval is to be treated as withdrawn, and the appropriate agency must serve written notice on the scheme operator of its withdrawal. (4) The notice served under paragraph (3) must include— (a) the reasons why the approval has ceased to be valid; and (b) a statement that the approval is to be treated as withdrawn, with effect from the date of the notice. (5) The scheme operator of a compliance scheme in relation to which approval is withdrawn under this regulation must, within 14 days of the date on which the scheme operator received notice of the withdrawal, give each scheme member a notice in writing containing the following information— (a) a statement that approval of the scheme has been withdrawn and the date when the withdrawal took effect, or will take effect, as the case may be; (b) the reasons for the withdrawal; and (c) the obligations under regulations 25 and 46(2) of a producer who ceases to be a member of a registered compliance scheme.
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