The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 1999

Application for registration of a scheme

12.—(1) Subject to paragraph (8), an application for registration of a scheme in relation to a year shall be made by the operator of the scheme, on or before 1st April in the year, to the Department.

(2) Where the operator of the scheme is a partnership the application for registration shall be made by any one partner acting on behalf of the partnership.

(3) An application for registration of a scheme shall—

(a) be made in writing;

(b) contain the initial information set out in Part III of Schedule 4;

(c) subject to paragraph (7), be accompanied by the further information specified in, and provided on a form corresponding to, the form set out in Part II of Schedule 4, for each class of producer, and aggregating the information in relation to all of the scheme’s members who belong to that class;

(d) be accompanied by a published statement as provided in Part IV of Schedule 4;

(e) be accompanied by an operational plan for the scheme as provided in Part IV of Schedule 4;

(f) be accompanied by an undertaking by the operator of the scheme that the conditions referred to in regulation 13 will be complied with;

(g) be accompanied by a fee calculated as provided in regulation 15; and

(h) where the operator of the scheme is a partnership, or where there is more than one operator of the scheme, be accompanied by a statement as to which partner or operator, respectively, is able to accept notices or act on behalf of all the partners, or all the operators of the scheme, as the case may be, as provided in regulation 2(3).

(4) A scheme shall not be registered unless it has been notified under regulation 31(5) that it meets the requirements of competition scrutiny referred to in regulation 31, and the operator of the scheme shall supply evidence of that notification to the Department.

(5) An application for registration shall be granted where—

(a) the operator has complied with paragraphs (3)(a), (b), (d), (f), (g) and (h) and (4);

(b) the Department is satisfied that the information provided in accordance with paragraph (3)(c), has been provided in accordance with paragraph (7); and

(c) the Department is satisfied as to the contents of the operational plan provided as required by paragraph (3),

and shall otherwise be refused.

(6) Where an application for registration of a scheme is granted—

(a) the Department shall, within 28 days of it being granted serve notice on the operator of the scheme in writing that the scheme is registered with it; and

(b) the scheme shall be treated as registered from the beginning of the year of application until any cancellation of the scheme’s registration in accordance with regulation 17, except that for the purposes of regulations 32 and 33 the scheme shall be treated as registered from the date of notice until any such cancellation.

(7) The further information shall—

(a) where the application for registration, or compliance with regulation 14, is in relation to the year 1999 be provided using the reasonable estimates of the operator of the scheme; and

(b) where the application for registration, or compliance with regulation 14, is in relation to the year 2000 or any subsequent year, be as accurate as reasonably possible.

(8) Where an application for registration is made in the year 1999 the application shall be made on or before 30th September 1999.