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The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

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Application for registration of a scheme

14.  (1)  An application for registration of a scheme in relation to a year shall be made by the operator of the scheme, on or before 7th April in that year, to the Department.

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

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

(a)be made in writing;

(b)contain the information set out in Part II of Schedule 3;

(c)subject to paragraph (6) below, be accompanied by the following further information, on a form supplied for that purpose by the Department, in relation to the relevant year—

(i)each producer who is a member of the scheme;

(ii)if any producer belongs to more than one class of producer, which of those classes constitutes his main activity as a producer;

(iii)the relevant SIC code for the activity or, as the case may be, the main activity of each class of producer in the scheme;

(iv)in relation to each producer the information referred to in paragraphs (4)(c)(iv) and (v) of regulation 7;

(v)in relation to members who are small producers who have elected to follow the allocation method, the aggregate amount of packaging waste which is required to be recycled by virtue of paragraphs 2, 7 and 8 of Schedule 2 by those members;

(vi)a statement of the turnover of each small producer who is a member of the scheme; and

(vii)such other information as the Department reasonably requires in order to determine the application and as is specified on the form;

(d)be accompanied by a statement as provided in Part III of Schedule 3;

(e)be accompanied by evidence that the scheme has been approved by the Department; but subject to paragraph (4)(d) below, where the scheme has yet to be approved, such evidence shall be supplied to the Department as soon as possible after receipt;

(f)on a first application for registration be accompanied by an operational plan for the scheme that complies with Part III of Schedule 3;

(g)be accompanied by a fee calculated under regulation 16; and

(h)where there is more than one operator of the scheme, be accompanied by a statement signed by all of the operators of the scheme as to which operator is able to accept notices and act on behalf of all the operators of the scheme.

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

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

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

(c)the Department is satisfied as to the contents of the operational plan provided as required by paragraph (3)(f) above; and

(d)the scheme has been approved by the Department,

and shall otherwise be refused.

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

(a)the Department shall, within 28 days of its decision, notify the operator of the scheme in writing of its decision; and

(b)the scheme shall be treated as registered from the beginning of the year in relation to which the application is made until any cancellation of the scheme’s registration in accordance with regulation 18.

(6) The further information shall, if it does not accompany the application, be provided not later than 15th April in the year of application.

(7) Any information provided shall be as accurate as reasonably possible.

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