The Packaging Waste (Data Reporting) (Scotland) Regulations 2023

Notification of winding-up, receivership, administration, etc.

18.—(1) A producer must inform SEPA as soon as is practicable upon becoming aware that one or more relevant circumstances apply, or are about to apply, to them.

(2) For the purposes of this regulation “relevant circumstances” are—

(a) in the case of a body corporate —

(i) a winding-up order has been made or a resolution for voluntary winding-up has been passed,

(ii) a determination for a voluntary winding-up has been made,

(iii) a receiver or a manager of the company or limited liability partnership’s undertaking has been duly appointed,

(iv) it has entered administration,

(v) a voluntary arrangement proposed for the purposes of Part 1 of the Insolvency Act 1986 has been approved under that Part of the Act,

(b) in the case of an individual or partnership —

(i) the individual has become subject to a bankruptcy restrictions order under section 155 of the Bankruptcy (Scotland) Act 2016,

(ii) the individual has entered into a debt arrangement scheme within the meaning of Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002(1),

(iii) the individual has been made subject to a protected trust deed (see section 163 of the Bankruptcy (Scotland) Act 2016),

(iv) the individual has been sequestrated under the Bankruptcy (Scotland) Act 2016,

(c) in the case of a body corporate, individual or partnership which, or who, is subject to the laws of a jurisdiction other than Scotland, circumstances analogous to those described in sub-paragraphs (a) and (b).

(1)

2002 asp 17; Part 1 was amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), S.S.I. 2004/468 and S.S.I. 2011/141.