The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
77 Relevant authorities: costs of providing information
(1) A relevant authority may, by invoicing the scheme administrator in accordance with paragraph (6), charge the scheme administrator its reasonable costs of providing information to the scheme administrator where— (a) the scheme administrator has requested the information under regulation 73(4); (b) the relevant authority provides the information pursuant to a consultation under regulation 73(2)(a), and the conditions in paragraph (2) are satisfied; or (c) the relevant authority provides the information in support of a complaint, made in accordance with the scheme administrator’s complaints procedure, about an assessment or adjustment made under regulations 70 to 72 or a recalculation made under regulation 80 in relation to the relevant authority, and the conditions in paragraph (3) are satisfied. (2) The conditions in this paragraph are that— (a) before providing the information, the relevant authority submits a proposal in writing to the scheme administrator which— (i) describes the information which the relevant authority wishes to submit to the scheme administrator; (ii) explains why the relevant authority wishes to submit that information; and (iii) gives the date by which the relevant authority proposes to submit the information; (b) the scheme administrator gives the relevant authority notice in writing that, if the relevant authority submits that information, or such part of that information as is specified in the notice, by a date specified in the notice, the scheme administrator will meet the relevant authority’s reasonable costs of providing the information; and (c) the relevant authority provides to the scheme administrator the information specified in the notice under sub-paragraph (b) by the date specified in that notice. (3) The conditions in this paragraph are that the scheme administrator— (a) decides as a result of the complaint to revise the assessment, adjustment or recalculation complained about in the relevant authority’s favour; and (b) considers the information was relevant to its decision. (4) Where the scheme administrator receives a proposal from a relevant authority under paragraph (2)(a), it must, within 3 months of receiving the proposal— (a) give the relevant authority a notice under paragraph (2)(b); or (b) inform the relevant authority that it does not agree to meet its costs of providing any of the information, giving the reason for that decision. (5) Where the scheme administrator determines a complaint about a matter referred to in paragraph (1)(c) in the relevant authority’s favour, the scheme administrator must notify the relevant authority in writing for the purposes of paragraph (3)(b)— (a) which, if any, of the information provided by the relevant authority it considers relevant to its decision; and (b) its reasons, if it considers that any of the information provided by the relevant authority was not relevant. (6) A relevant authority— (a) may only invoice the scheme administrator for the costs of providing information to the scheme administrator after it has provided that information; (b) may not issue more than one such invoice in each assessment year; and (c) may include in an invoice the costs of providing information— (i) in the assessment year in which the invoice is issued; and (ii) in the last 3 months of the previous assessment year, provided that those costs have not previously been invoiced.
77 Relevant authorities: costs of providing information
(1) A relevant authority may, by invoicing the scheme administrator in accordance with paragraph (6), charge the scheme administrator its reasonable costs of providing information to the scheme administrator where— (a) the scheme administrator has requested the information under regulation 73(4); (b) the relevant authority provides the information pursuant to a consultation under regulation 73(2)(a), and the conditions in paragraph (2) are satisfied; or (c) the relevant authority provides the information in support of a complaint, made in accordance with the scheme administrator’s complaints procedure, about an assessment or adjustment made under regulations 70 to 72 or a recalculation made under regulation 80 in relation to the relevant authority, and the conditions in paragraph (3) are satisfied. (2) The conditions in this paragraph are that— (a) before providing the information, the relevant authority submits a proposal in writing to the scheme administrator which— (i) describes the information which the relevant authority wishes to submit to the scheme administrator; (ii) explains why the relevant authority wishes to submit that information; and (iii) gives the date by which the relevant authority proposes to submit the information; (b) the scheme administrator gives the relevant authority notice in writing that, if the relevant authority submits that information, or such part of that information as is specified in the notice, by a date specified in the notice, the scheme administrator will meet the relevant authority’s reasonable costs of providing the information; and (c) the relevant authority provides to the scheme administrator the information specified in the notice under sub-paragraph (b) by the date specified in that notice. (3) The conditions in this paragraph are that the scheme administrator— (a) decides as a result of the complaint to revise the assessment, adjustment or recalculation complained about in the relevant authority’s favour; and (b) considers the information was relevant to its decision. (4) Where the scheme administrator receives a proposal from a relevant authority under paragraph (2)(a), it must, within 3 months of receiving the proposal— (a) give the relevant authority a notice under paragraph (2)(b); or (b) inform the relevant authority that it does not agree to meet its costs of providing any of the information, giving the reason for that decision. (5) Where the scheme administrator determines a complaint about a matter referred to in paragraph (1)(c) in the relevant authority’s favour, the scheme administrator must notify the relevant authority in writing for the purposes of paragraph (3)(b)— (a) which, if any, of the information provided by the relevant authority it considers relevant to its decision; and (b) its reasons, if it considers that any of the information provided by the relevant authority was not relevant. (6) A relevant authority— (a) may only invoice the scheme administrator for the costs of providing information to the scheme administrator after it has provided that information; (b) may not issue more than one such invoice in each assessment year; and (c) may include in an invoice the costs of providing information— (i) in the assessment year in which the invoice is issued; and (ii) in the last 3 months of the previous assessment year, provided that those costs have not previously been invoiced.
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