70.—(1) The Secretary of State must keep the collection rates of all battery compliance schemes under review in order to establish whether, having regard to the environmental impact of transport, the schemes are together meeting the overarching objective of maximising the separate collection of portable batteries in the United Kingdom.
(2) If the Secretary of State considers that the overarching objective is not being met, the Secretary of State must take such steps as the Secretary of State considers necessary to ensure it will be met.
(3) In this regulation—
“collection rate” means for any scheme in a compliance period the percentage obtained by dividing the weight of portable batteries for which the scheme supplies batteries evidence notes under regulation 25 in respect of that compliance period by the average weight per year of portable batteries that scheme members place on the market for the first time in the United Kingdom during the relevant period;
“the relevant period” means—
for the compliance period 2010, the year 2009;
for the compliance period 2011, the years 2009 and 2010;
for a compliance period after 2011, the compliance period and the two preceding compliance periods.