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The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024

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Change 1

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As published

82 Recalculation notices: producers

(1) Paragraph (2) applies where the scheme administrator has carried out a recalculation under regulation 79 of the disposal fees or administration fees of one or more liable producers for an assessment year. (2) Where this paragraph applies, the scheme administrator must serve on each affected producer a notice in writing which must— (a) state the revised amount of the disposal fee or administration fee payable by the producer for the assessment year; (b) set out how that revised amount has been calculated; (c) where the producer’s disposal fee or administration fee has been revised, include a statement of account for the assessment year setting out— (i) the amount, if any, which the producer has paid towards that fee for the assessment year; (ii) if the amount paid by the producer is less than the producer’s revised disposal fee or administration fee for the assessment year, the amount owed by the producer; (iii) if the amount paid by the producer is greater than the producer’s revised disposal fee or administration fee for the assessment year, the amount which the producer is entitled to be credited or refunded; (d) where the producer owes an amount, state the date by which that amount must be paid; (e) where a credit or refund is due to the producer, state— (i) whether a credit or a refund will be made; and (ii) the date on which the credit or refund will be made; (f) include any other information which would be required by regulation 67(2) in a notice of liability under that regulation; (g) provide information on the scheme administrator’s complaints procedure; and (h) set out the right of appeal under regulation 105(1)(b). (3) A notice issued in relation to an assessment year to an affected producer under paragraph (2) replaces any notice previously served on the producer under regulation 67 or this regulation in relation to that assessment year. (4) Regulation 68 (payments and interest) applies in relation to an amount owed by a producer pursuant to a notice under paragraph (2). (5) In this regulation an “affected producer” means a producer whom the scheme administrator has determined upon a recalculation is— (a) liable to pay an increased disposal fee in respect of an assessment year; or (b) entitled to be credited or refunded part of the amount of the disposal fee the producer has paid, or has previously been notified that it is liable to pay, in respect of the assessment year.

Your change, as a redline

82 Recalculation notices: producers

(1) Paragraph (2) applies where the scheme administrator has carried out a recalculation under regulation 79 of the disposal fees or administration fees of one or more liable producers for an assessment year. (2) Where this paragraph applies, the scheme administrator must serve on each affected producer a notice in writing which must— (a) state the revised amount of the disposal fee or administration fee payable by the producer for the assessment year; (b) set out how that revised amount has been calculated; (c) where the producer’s disposal fee or administration fee has been revised, include a statement of account for the assessment year setting out— (i) the amount, if any, which the producer has paid towards that fee for the assessment year; (ii) if the amount paid by the producer is less than the producer’s revised disposal fee or administration fee for the assessment year, the amount owed by the producer; (iii) if the amount paid by the producer is greater than the producer’s revised disposal fee or administration fee for the assessment year, the amount which the producer is entitled to be credited or refunded; (d) where the producer owes an amount, state the date by which that amount must be paid; (e) where a credit or refund is due to the producer, state— (i) whether a credit or a refund will be made; and (ii) the date on which the credit or refund will be made; (f) include any other information which would be required by regulation 67(2) in a notice of liability under that regulation; (g) provide information on the scheme administrator’s complaints procedure; and (h) set out the right of appeal under regulation 105(1)(b). (3) A notice issued in relation to an assessment year to an affected producer under paragraph (2) replaces any notice previously served on the producer under regulation 67 or this regulation in relation to that assessment year. (4) Regulation 68 (payments and interest) applies in relation to an amount owed by a producer pursuant to a notice under paragraph (2). (5) In this regulation an “affected producer” means a producer whom the scheme administrator has determined upon a recalculation is— (a) liable to pay an increased disposal fee in respect of an assessment year; or (b) entitled to be credited or refunded part of the amount of the disposal fee the producer has paid, or has previously been notified that it is liable to pay, in respect of the assessment year.

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