The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
81 Recalculations: supplementary
(1) The scheme administrator may carry out an interim recalculation or a year-end recalculation in relation to— (a) a single liable producer or relevant authority; (b) more than one liable producer or relevant authority, at the same or different times; or (c) all liable producers or relevant authorities. (2) The scheme administrator may, in relation to the same liable producer or relevant authority, carry out in relation to an assessment year— (a) both an interim recalculation and a year-end recalculation; or (b) more than one of either type or both types of recalculation. (3) The scheme administrator may determine that no further interim recalculations in relation to an assessment year are to be commenced after a date in the assessment year specified by the scheme administrator. (4) If the scheme administrator makes a determination under paragraph (3), it must give notice of that determination to all liable producers and relevant authorities. (5) The scheme administrator may not make a year-end recalculation— (a) more than 4 years after the end of the assessment year to which the recalculation relates (“the four-year period”), unless paragraph (6) applies; or (b) more than 10 years after the end of the assessment year to which the recalculation relates, in any event. (6) This paragraph applies if— (a) the scheme administrator obtains information giving it reasonable grounds to consider that there is likely to be a material difference as referred to in regulation 79(1) or 80(1) after the end of the four-year period; and (b) the scheme administrator did not obtain the information earlier because of— (i) deliberate action or omission by a producer, or a relevant authority or a person acting on their behalf; or (ii) the failure by a producer to comply with its obligations under these Regulations. (7) Where paragraph (6) applies, the scheme administrator must complete any subsequent recalculation as soon as reasonably practicable after the scheme administrator has obtained the new information. (8) Whether to carry out a recalculation, and subject to paragraphs (3) to (7) the timing of any recalculation, are matters for the discretion of the scheme administrator, and no liable producer or relevant authority has a right to have a recalculation carried out, or to have a recalculation carried out within any particular time. (9) Paragraph (8) does not apply to a recalculation which is necessary to give effect to a decision of an appeal body. (10) Any notice served on a liable producer by the scheme administrator under regulation 67 or 82 remains valid unless it is withdrawn by the scheme administrator or replaced by a new notice, and the producer remains liable to pay the amount specified in such a notice notwithstanding that the scheme administrator— (a) is carrying out a recalculation, or a further recalculation, of the producer’s disposal fee or administration fee; or (b) has grounds for carrying out such a recalculation.
81 Recalculations: supplementary
(1) The scheme administrator may carry out an interim recalculation or a year-end recalculation in relation to— (a) a single liable producer or relevant authority; (b) more than one liable producer or relevant authority, at the same or different times; or (c) all liable producers or relevant authorities. (2) The scheme administrator may, in relation to the same liable producer or relevant authority, carry out in relation to an assessment year— (a) both an interim recalculation and a year-end recalculation; or (b) more than one of either type or both types of recalculation. (3) The scheme administrator may determine that no further interim recalculations in relation to an assessment year are to be commenced after a date in the assessment year specified by the scheme administrator. (4) If the scheme administrator makes a determination under paragraph (3), it must give notice of that determination to all liable producers and relevant authorities. (5) The scheme administrator may not make a year-end recalculation— (a) more than 4 years after the end of the assessment year to which the recalculation relates (“the four-year period”), unless paragraph (6) applies; or (b) more than 10 years after the end of the assessment year to which the recalculation relates, in any event. (6) This paragraph applies if— (a) the scheme administrator obtains information giving it reasonable grounds to consider that there is likely to be a material difference as referred to in regulation 79(1) or 80(1) after the end of the four-year period; and (b) the scheme administrator did not obtain the information earlier because of— (i) deliberate action or omission by a producer, or a relevant authority or a person acting on their behalf; or (ii) the failure by a producer to comply with its obligations under these Regulations. (7) Where paragraph (6) applies, the scheme administrator must complete any subsequent recalculation as soon as reasonably practicable after the scheme administrator has obtained the new information. (8) Whether to carry out a recalculation, and subject to paragraphs (3) to (7) the timing of any recalculation, are matters for the discretion of the scheme administrator, and no liable producer or relevant authority has a right to have a recalculation carried out, or to have a recalculation carried out within any particular time. (9) Paragraph (8) does not apply to a recalculation which is necessary to give effect to a decision of an appeal body. (10) Any notice served on a liable producer by the scheme administrator under regulation 67 or 82 remains valid unless it is withdrawn by the scheme administrator or replaced by a new notice, and the producer remains liable to pay the amount specified in such a notice notwithstanding that the scheme administrator— (a) is carrying out a recalculation, or a further recalculation, of the producer’s disposal fee or administration fee; or (b) has grounds for carrying out such a recalculation.
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