The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
80 Recalculations: chargeable disposal costs
(1) The scheme administrator may recalculate the chargeable disposal costs of a relevant authority in relation to an assessment year if the scheme administrator considers that there is likely to be a material difference between that relevant authority’s chargeable disposal costs as previously calculated and those costs 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 any element of the chargeable disposal costs in relation to the relevant authority; or (c) reasonably considers on any other ground that there is likely to be such a material difference. (2) A recalculation of the chargeable disposal costs of a relevant authority is to be carried out by re-making the assessments and adjustments in Chapter 4 for that relevant authority, taking into account— (a) any further information relevant to those assessments and adjustments which the scheme administrator has received since the relevant authority’s chargeable disposal costs were previously determined, including information as to— (i) the efficient disposal costs of the relevant authority for the assessment year; (ii) the waste income received (or, in the case of an interim recalculation, likely to be received) by the relevant authority in the assessment year; (iii) the scheme administrator’s assessment of the effectiveness of the waste management service provided by the relevant authority for the purposes of regulation 72; (b) the outcome of any complaint or appeal by the relevant authority relating to the determination of the relevant authority’s chargeable disposal costs for the assessment year; (c) any other matters which the scheme administrator considers relevant. (3) Where the scheme administrator determines, upon a recalculation under this regulation, that the amount of a relevant authority’s chargeable disposal costs in relation to an assessment year is greater or less than the amount previously notified to the relevant authority— (a) the scheme administrator must give the relevant authority a notice under regulation 83; (b) if the relevant authority’s recalculated chargeable disposal costs are greater than the amount paid to the relevant authority in relation to the assessment year, the scheme administrator must increase the amount to be paid to the relevant authority under regulation 76 in the assessment year in which the recalculation is made, or a subsequent assessment year, to cover the difference; (c) if the relevant authority’s recalculated chargeable disposal costs are less than the amount paid to the relevant authority in relation to the assessment year, the scheme administrator must deduct the amount of the excess from the amount to be paid to the relevant authority under regulation 76 in the assessment year in which the recalculation is made, or a subsequent assessment year.
80 Recalculations: chargeable disposal costs
(1) The scheme administrator may recalculate the chargeable disposal costs of a relevant authority in relation to an assessment year if the scheme administrator considers that there is likely to be a material difference between that relevant authority’s chargeable disposal costs as previously calculated and those costs 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 any element of the chargeable disposal costs in relation to the relevant authority; or (c) reasonably considers on any other ground that there is likely to be such a material difference. (2) A recalculation of the chargeable disposal costs of a relevant authority is to be carried out by re-making the assessments and adjustments in Chapter 4 for that relevant authority, taking into account— (a) any further information relevant to those assessments and adjustments which the scheme administrator has received since the relevant authority’s chargeable disposal costs were previously determined, including information as to— (i) the efficient disposal costs of the relevant authority for the assessment year; (ii) the waste income received (or, in the case of an interim recalculation, likely to be received) by the relevant authority in the assessment year; (iii) the scheme administrator’s assessment of the effectiveness of the waste management service provided by the relevant authority for the purposes of regulation 72; (b) the outcome of any complaint or appeal by the relevant authority relating to the determination of the relevant authority’s chargeable disposal costs for the assessment year; (c) any other matters which the scheme administrator considers relevant. (3) Where the scheme administrator determines, upon a recalculation under this regulation, that the amount of a relevant authority’s chargeable disposal costs in relation to an assessment year is greater or less than the amount previously notified to the relevant authority— (a) the scheme administrator must give the relevant authority a notice under regulation 83; (b) if the relevant authority’s recalculated chargeable disposal costs are greater than the amount paid to the relevant authority in relation to the assessment year, the scheme administrator must increase the amount to be paid to the relevant authority under regulation 76 in the assessment year in which the recalculation is made, or a subsequent assessment year, to cover the difference; (c) if the relevant authority’s recalculated chargeable disposal costs are less than the amount paid to the relevant authority in relation to the assessment year, the scheme administrator must deduct the amount of the excess from the amount to be paid to the relevant authority under regulation 76 in the assessment year in which the recalculation is made, or a subsequent assessment year.
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