The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003

Amendment of Part VI (Agencies' Powers and Duties)

10.—(1) In regulation 25—

(a) in paragraph (1) for sub-paragraph (b) substitute—

“(b) compliance by operators of schemes with the obligation referred to in regulation 3(5B); and

(c) compliance by persons who are accredited reprocessors or exporters with the conditions specified in or under Schedule 2A.”;

(b) in paragraph (2)—

(i) in sub-paragraph (b) for “regulations 6 and 8” substitute “regulation 6” and for “undertakings” substitute “conditions”;

(ii) in sub-paragraph (c) omit “or Part V of Schedule 3”;

(iii) in sub-paragraph (e) for “regulations 12 and 14” substitute “regulation 12”; and

(iv) after sub-paragraph (f) insert—

“(g) the compliance by accredited reprocessors and exporters with the conditions specified in or under Schedule 2A.”;

(c) in paragraph (3)—

(i) at the end of sub-paragraph (a), omit “or”;

(ii) at the end of sub-paragraph (b), for the comma substitute “; or”; and

(iii) after sub-paragraph (b) insert-

“(c) any person who is engaged in trading in, or brokerage in relation to, PERNs or PRNs,”.

(2) In regulation 25A—

(a) in the headpiece omit the words “commencing with 2000”; and

(b) for paragraph (a) substitute—

“(a) the Agency’s policy in relation to the monitoring it is required to carry out under regulation 25; and”.

(3) For paragraph (1) of regulation 26 substitute—

“(1) The appropriate Agency shall maintain and make available in accordance with this regulation a register relating to—

(a) the producers and schemes registered with it in accordance with regulations 5 to 16; and

(b) the reprocessors and exporters accredited by it in accordance with Part IVA,

and containing the relevant information prescribed in Schedule 7.”.

(4) In regulation 27 after “compliance” insert “and signing the form referred to in regulation 6(4)(c) or 17A(2) (as the case may be)”.

(5) In regulation 28—

(a) in paragraph (2)—

(i) in the headpiece, for “the appropriate Agency’s servant or agent” substitute “a person authorised under paragraph (1) of this regulation”;

(ii) omit sub-paragraphs (b) and (c); and

(iii) in sub-paragraph (g), for “regulations 22 and 24 and Part V of Schedule 3” substitute “regulations 21C, 22 and 24”; and

(b) in paragraph (3) for “the appropriate Agency’s servant or agent” substitute “a person authorised under paragraph (1) of this regulation”.