The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
SCHEDULE 11 Procedure on appeals
Regulation 106(4) Application 1 (1) Paragraph 2 applies to a person who wishes to appeal to the First Tier Tribunal under regulation 104 or 105. (2) Paragraphs 3 to 6 apply to a person who wishes to appeal to— (a) the Planning Appeals Commission under regulation 104 or 105; or (b) the Scottish Ministers under regulation 104. (3) Paragraph 7 applies to a person who wishes to appeal to the sheriff under regulation 105. Appeals to First Tier Tribunal 2 (1) A person referred to in paragraph 1(1) must appeal to the First Tier Tribunal in accordance with the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (“the 2009 Rules”), and the 2009 Rules apply to the appeal, subject to the modification in sub-paragraph (2). (2) Rule 22 of the 2009 Rules applies to an appeal brought under these Regulations as if rule 22(1)(b) required the notice of appeal to be received by the Tribunal— (a) in the case of an appeal under regulation 104, within 2 months of the date on which notice of the decision to which the appeal relates was sent to the appellant; or (b) in the case of an appeal under regulation 105, within 2 months of the date on which any complaint relating to that decision under the scheme administrator’s complaints procedure has been completed. Appeals to Planning Appeals Commission or Scottish Ministers 3 (1) A person referred to in paragraph 1(2) must appeal to the Planning Appeals Commission or to the Scottish Ministers (“the relevant appeal body”), as the case may be, by notice in writing (a “notice of appeal”) sent to the relevant appeal body. (2) The notice of appeal must be accompanied by— (a) a statement of the grounds of appeal; (b) a copy of the following documents— (i) the decision or notice which is the subject-matter of the appeal; (ii) any relevant application; (iii) in the case of an appeal to the Planning Appeals Commission, any correspondence between the appellant and the scheme administrator or the appropriate agency or document relevant to the appeal; and (iv) any other document on which the appellant intends to rely for the purposes of the appeal; (c) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations; and (d) in the case of an appeal to the Planning Appeals Commission, payment of the fee in regulation 9(1) of the Planning Fees (Deemed Planning Applications and Appeals) Regulations (Northern Ireland) 2015. 4 (1) Subject to sub-paragraph (2), the notice of appeal must be given within the period of 2 months beginning with— (a) in the case of an appeal under regulation 104, the day on which notice of the act or decision to which the appeal relates was sent to the appellant; or (b) in the case of an appeal under regulation 105, the day on which the scheme administrator’s complaints procedure has been completed in relation to that act or decision. (2) In the case of an appeal to the Scottish Ministers, the Scottish Ministers may at any time allow a notice of appeal to be given after the expiry of the period mentioned in sub-paragraph (1)(a). 5 Where under regulation 106(3) the appeal is by way of a hearing, the person hearing the appeal must, unless that person has been appointed to determine the appeal under regulation 106(2)(a), make a written report to the relevant appeal body of that person’s conclusions, including where relevant any findings of fact, and recommendation as to the determination of the appeal with the reasons for the recommendation. 6 (1) The relevant appeal body or other person determining an appeal must give the appellant notice in writing of the decision and the reasons for the decision. (2) If the relevant appeal body determines an appeal after a hearing under regulation 106(3), it must provide the appellant with a copy of any report made under paragraph 5. (3) The relevant appeal body or other person determining an appeal must, at the same time as notifying the appellant of the decision, send a copy of any document sent to the appellant under this paragraph to— (a) the appropriate agency, if the appeal concerns a decision of the appropriate agency; or (b) the scheme administrator, if the appeal concerns a decision of the scheme administrator. Appeals to the Sheriff 7 A person referred to in paragraph 1(3) must appeal to the sheriff within the period of 2 months beginning with the day on which any complaint under the scheme administrator’s complaints procedure about the decision to which the appeal relates has been completed.
SCHEDULE 11 Procedure on appeals
Regulation 106(4) Application 1 (1) Paragraph 2 applies to a person who wishes to appeal to the First Tier Tribunal under regulation 104 or 105. (2) Paragraphs 3 to 6 apply to a person who wishes to appeal to— (a) the Planning Appeals Commission under regulation 104 or 105; or (b) the Scottish Ministers under regulation 104. (3) Paragraph 7 applies to a person who wishes to appeal to the sheriff under regulation 105. Appeals to First Tier Tribunal 2 (1) A person referred to in paragraph 1(1) must appeal to the First Tier Tribunal in accordance with the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (“the 2009 Rules”), and the 2009 Rules apply to the appeal, subject to the modification in sub-paragraph (2). (2) Rule 22 of the 2009 Rules applies to an appeal brought under these Regulations as if rule 22(1)(b) required the notice of appeal to be received by the Tribunal— (a) in the case of an appeal under regulation 104, within 2 months of the date on which notice of the decision to which the appeal relates was sent to the appellant; or (b) in the case of an appeal under regulation 105, within 2 months of the date on which any complaint relating to that decision under the scheme administrator’s complaints procedure has been completed. Appeals to Planning Appeals Commission or Scottish Ministers 3 (1) A person referred to in paragraph 1(2) must appeal to the Planning Appeals Commission or to the Scottish Ministers (“the relevant appeal body”), as the case may be, by notice in writing (a “notice of appeal”) sent to the relevant appeal body. (2) The notice of appeal must be accompanied by— (a) a statement of the grounds of appeal; (b) a copy of the following documents— (i) the decision or notice which is the subject-matter of the appeal; (ii) any relevant application; (iii) in the case of an appeal to the Planning Appeals Commission, any correspondence between the appellant and the scheme administrator or the appropriate agency or document relevant to the appeal; and (iv) any other document on which the appellant intends to rely for the purposes of the appeal; (c) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations; and (d) in the case of an appeal to the Planning Appeals Commission, payment of the fee in regulation 9(1) of the Planning Fees (Deemed Planning Applications and Appeals) Regulations (Northern Ireland) 2015. 4 (1) Subject to sub-paragraph (2), the notice of appeal must be given within the period of 2 months beginning with— (a) in the case of an appeal under regulation 104, the day on which notice of the act or decision to which the appeal relates was sent to the appellant; or (b) in the case of an appeal under regulation 105, the day on which the scheme administrator’s complaints procedure has been completed in relation to that act or decision. (2) In the case of an appeal to the Scottish Ministers, the Scottish Ministers may at any time allow a notice of appeal to be given after the expiry of the period mentioned in sub-paragraph (1)(a). 5 Where under regulation 106(3) the appeal is by way of a hearing, the person hearing the appeal must, unless that person has been appointed to determine the appeal under regulation 106(2)(a), make a written report to the relevant appeal body of that person’s conclusions, including where relevant any findings of fact, and recommendation as to the determination of the appeal with the reasons for the recommendation. 6 (1) The relevant appeal body or other person determining an appeal must give the appellant notice in writing of the decision and the reasons for the decision. (2) If the relevant appeal body determines an appeal after a hearing under regulation 106(3), it must provide the appellant with a copy of any report made under paragraph 5. (3) The relevant appeal body or other person determining an appeal must, at the same time as notifying the appellant of the decision, send a copy of any document sent to the appellant under this paragraph to— (a) the appropriate agency, if the appeal concerns a decision of the appropriate agency; or (b) the scheme administrator, if the appeal concerns a decision of the scheme administrator. Appeals to the Sheriff 7 A person referred to in paragraph 1(3) must appeal to the sheriff within the period of 2 months beginning with the day on which any complaint under the scheme administrator’s complaints procedure about the decision to which the appeal relates has been completed.
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