The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
As published
90 Cancellation of registration of reprocessors and exporters
(1) The appropriate agency may cancel a registration with it of a reprocessor or an exporter (“RE”) where it appears to the appropriate agency that—
(a) RE is in breach of any of the conditions of that registration in regulation 88(1); or
(b) RE knowingly or recklessly supplied information which is false or misleading in a material particular, in connection with RE’s application for that registration, or in connection with compliance with any of the conditions of that registration in regulation 88(1).
(2) The appropriate agency must cancel all registrations with it of RE where it appears to the appropriate agency that—
(a) RE has died or become incapacitated, or one of the relevant circumstances referred to in paragraph 4 of Schedule 2 applies to RE and RE has ceased trading;
(b) if RE is a body corporate or a partnership one of the relevant circumstances referred to in paragraph 2 or 3 of Schedule 2 applies to RE and RE has ceased trading; or
(c) if RE is a partnership, RE has been wound up.
(3) Before cancellation of a registration under paragraph (1) or (2) above, the appropriate agency must serve on RE written notice of—
(a) its decision to cancel;
(b) the reasons for the decision;
(c) the date when cancellation will take effect, not being earlier than the date of receipt of the notice;
(d) the right of appeal under regulation 104(3)(b); and
(e) a statement advising RE that failure to comply with the requirement for registration in regulation 85 or 86 constitutes an offence under regulation 117.
(4) Paragraph (3) does not apply where a registration is being cancelled because RE has died.
Your change, as a redline
90 Cancellation of registration of reprocessors and exporters
(1) The appropriate agency may cancel a registration with it of a reprocessor or an exporter (“RE”) where it appears to the appropriate agency that—
(a) RE is in breach of any of the conditions of that registration in regulation 88(1); or
(b) RE knowingly or recklessly supplied information which is false or misleading in a material particular, in connection with RE’s application for that registration, or in connection with compliance with any of the conditions of that registration in regulation 88(1).
(2) The appropriate agency must cancel all registrations with it of RE where it appears to the appropriate agency that—
(a) RE has died or become incapacitated, or one of the relevant circumstances referred to in paragraph 4 of Schedule 2 applies to RE and RE has ceased trading;
(b) if RE is a body corporate or a partnership one of the relevant circumstances referred to in paragraph 2 or 3 of Schedule 2 applies to RE and RE has ceased trading; or
(c) if RE is a partnership, RE has been wound up.
(3) Before cancellation of a registration under paragraph (1) or (2) above, the appropriate agency must serve on RE written notice of—
(a) its decision to cancel;
(b) the reasons for the decision;
(c) the date when cancellation will take effect, not being earlier than the date of receipt of the notice;
(d) the right of appeal under regulation 104(3)(b); and
(e) a statement advising RE that failure to comply with the requirement for registration in regulation 85 or 86 constitutes an offence under regulation 117.
(4) Paragraph (3) does not apply where a registration is being cancelled because RE has died.
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