The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
79 Recalculation of disposal and administration fees
(1) The scheme administrator may recalculate the amount of the disposal fee payable by a liable producer in relation to an assessment year if the scheme administrator considers that there is likely to be a material difference between the amount that the producer has previously been assessed as being liable to pay and that amount as recalculated because the scheme administrator— (a) receives further information relating to a matter referred to in paragraph (2)(a); (b) discovers an error in the calculation of the liability of the producer; (c) determines that the total amount of disposal fees received or recoverable from all liable producers is likely to be greater or less than the sum of— (i) the total chargeable disposal costs of all relevant authorities; and (ii) the public information disposal costs of the scheme administrator; or (d) reasonably considers on any other ground that there is likely to be such a material difference. (2) A recalculation of the disposal fee payable by a liable producer for an assessment year is to be carried out by re-making the calculations in regulations 61 to 64 and 66(4)(a) for the producer, taking into account— (a) any further information relevant to those calculations which the scheme administrator has received since the producer’s disposal fee for that assessment year was previously calculated, including information relating to— (i) the amount of household packaging in each packaging category supplied by the producer, or by all liable producers, in the calendar year ending on the 31st December before the start of the assessment year; (ii) the total chargeable disposal costs of all relevant authorities for the assessment year; or (iii) the amount of public information disposal costs incurred by (or, in the case of an interim recalculation, expected to be incurred by) the scheme administrator in the assessment year; (b) the outcome of any complaint or appeal by the producer relating to the calculation of the producer’s disposal fee for the assessment year; (c) any other matters which the scheme administrator considers relevant. (3) The scheme administrator may recalculate the amount of the administration fee payable by a liable producer in relation to an assessment year if the scheme administrator considers that there is likely to be a material difference between the amount that the producer has previously been assessed as being liable to pay and that amount as recalculated because— (a) the scheme administrator has recalculated the disposal fee payable by the producer for the assessment year; (b) the chargeable administration costs of the scheme administrator for the assessment year are greater or less than previously determined by the scheme administrator; (c) the scheme administrator discovers an error in the calculation of the liability of the producer; (d) the scheme administrator determines that the total amount of administration fees received or recoverable from all liable producers is likely to be greater or less than the chargeable administration costs of the scheme administrator; or (e) the scheme administrator reasonably considers on any other ground that there is likely to be such a material difference. (4) A recalculation of the administration fee payable by a liable producer is to be carried out by re-making the calculations in regulations 65 and 66(4)(b) for the producer, taking into account— (a) any changes since the producer’s administration fee for that assessment year was previously calculated to— (i) the disposal fee payable by the producer for the assessment year; or (ii) the chargeable administration costs of the scheme administrator for the assessment year; (b) the outcome of any complaint or appeal by the producer relating to the calculation of the producer’s administration fee for the assessment year; (c) any other matters which the scheme administrator considers relevant. (5) Where the scheme administrator determines upon a recalculation under this regulation that the amount of the disposal fee or the administration fee which a liable producer is liable to pay in relation to an assessment year is materially greater or less than the amount previously notified to the producer— (a) the scheme administrator must serve on the producer a notice under regulation 82; (b) if the producer’s recalculated disposal fee is greater than the amount paid by the producer to the scheme administrator in relation to the assessment year, the producer is liable to pay to the scheme administrator the difference between those amounts; (c) if the producer’s recalculated disposal fee is less than the amount paid by the producer to the scheme administrator in relation to the assessment year, the scheme administrator must refund or credit to the producer the difference between those amounts.
79 Recalculation of disposal and administration fees
(1) The scheme administrator may recalculate the amount of the disposal fee payable by a liable producer in relation to an assessment year if the scheme administrator considers that there is likely to be a material difference between the amount that the producer has previously been assessed as being liable to pay and that amount as recalculated because the scheme administrator— (a) receives further information relating to a matter referred to in paragraph (2)(a); (b) discovers an error in the calculation of the liability of the producer; (c) determines that the total amount of disposal fees received or recoverable from all liable producers is likely to be greater or less than the sum of— (i) the total chargeable disposal costs of all relevant authorities; and (ii) the public information disposal costs of the scheme administrator; or (d) reasonably considers on any other ground that there is likely to be such a material difference. (2) A recalculation of the disposal fee payable by a liable producer for an assessment year is to be carried out by re-making the calculations in regulations 61 to 64 and 66(4)(a) for the producer, taking into account— (a) any further information relevant to those calculations which the scheme administrator has received since the producer’s disposal fee for that assessment year was previously calculated, including information relating to— (i) the amount of household packaging in each packaging category supplied by the producer, or by all liable producers, in the calendar year ending on the 31st December before the start of the assessment year; (ii) the total chargeable disposal costs of all relevant authorities for the assessment year; or (iii) the amount of public information disposal costs incurred by (or, in the case of an interim recalculation, expected to be incurred by) the scheme administrator in the assessment year; (b) the outcome of any complaint or appeal by the producer relating to the calculation of the producer’s disposal fee for the assessment year; (c) any other matters which the scheme administrator considers relevant. (3) The scheme administrator may recalculate the amount of the administration fee payable by a liable producer in relation to an assessment year if the scheme administrator considers that there is likely to be a material difference between the amount that the producer has previously been assessed as being liable to pay and that amount as recalculated because— (a) the scheme administrator has recalculated the disposal fee payable by the producer for the assessment year; (b) the chargeable administration costs of the scheme administrator for the assessment year are greater or less than previously determined by the scheme administrator; (c) the scheme administrator discovers an error in the calculation of the liability of the producer; (d) the scheme administrator determines that the total amount of administration fees received or recoverable from all liable producers is likely to be greater or less than the chargeable administration costs of the scheme administrator; or (e) the scheme administrator reasonably considers on any other ground that there is likely to be such a material difference. (4) A recalculation of the administration fee payable by a liable producer is to be carried out by re-making the calculations in regulations 65 and 66(4)(b) for the producer, taking into account— (a) any changes since the producer’s administration fee for that assessment year was previously calculated to— (i) the disposal fee payable by the producer for the assessment year; or (ii) the chargeable administration costs of the scheme administrator for the assessment year; (b) the outcome of any complaint or appeal by the producer relating to the calculation of the producer’s administration fee for the assessment year; (c) any other matters which the scheme administrator considers relevant. (5) Where the scheme administrator determines upon a recalculation under this regulation that the amount of the disposal fee or the administration fee which a liable producer is liable to pay in relation to an assessment year is materially greater or less than the amount previously notified to the producer— (a) the scheme administrator must serve on the producer a notice under regulation 82; (b) if the producer’s recalculated disposal fee is greater than the amount paid by the producer to the scheme administrator in relation to the assessment year, the producer is liable to pay to the scheme administrator the difference between those amounts; (c) if the producer’s recalculated disposal fee is less than the amount paid by the producer to the scheme administrator in relation to the assessment year, the scheme administrator must refund or credit to the producer the difference between those amounts.
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