The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010

Amendment of regulation 14 (application for registration of a scheme)

10.  In regulation 14—

(a) in paragraph (1), for “7^th April”, substitute “15^th April”;

(b) in paragraph (3)(c)—

(i) omit “subject to paragraph (6) below,”;

(ii) after “by the Department”, insert “and signed in accordance with the requirement in paragraph (3A)”;

(iii) at the end of paragraph (i), insert “and each class of producer to which each producer belongs”;

(iv) in paragraph (iv), for “paragraphs 4(c)(iv) and (v)”, substitute “paragraphs (4)(ca)(i) and (ii)”;

(c) in paragraph (3)(e), before “be accompanied”, insert “except where a scheme is registered in respect of the previous year,”;

(d) for paragraph (3)(f), substitute—

“(f) be accompanied—

(i) on a first application for registration, by an operational plan for the scheme complying with Part III of Schedule 3; and

(ii) on any subsequent application, by a revised version of that plan unless it has already been provided pursuant to paragraph (g) in regulation 15;”;

(e) after paragraph (3), insert—

“(3A) The requirement mentioned in paragraph (3)(c) is that the form be signed by—

(a) the approved person; or

(b) in the case of a scheme that has not already been registered, anyone who is eligible to be an approved person under regulation 34(2).”;

(f) in paragraph (4), for sub-paragraphs (c) and (d), substitute—

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

(d) the scheme has been approved by the Department; and

(e) the scheme was either registered in the previous year or the scheme was approved by the Department no earlier than in the year previous to that in which the application for registration is made,”;

(g) omit paragraph (6); and

(h) after paragraph (7), insert—

“(8) Where an application for registration is refused on the grounds of failure to meet the requirements of paragraph (4)(e), the operator must make a new application for approval of the scheme in accordance with regulation 13 before making an application for registration of the scheme under this regulation.”.