Withdrawal of approval of a scheme
44.—(1) The appropriate authority may withdraw approval of a scheme where—
(a)the appropriate authority is satisfied that the operator of that scheme—
(i)is in breach of any condition in regulation 43;
(ii)knowingly or recklessly supplied false information in connection with—
(aa)the application for approval made under regulation 41;
(bb)an application for registration made under regulation 20;
(cc)a notification made under regulation 21; or
(dd)compliance with any condition in regulation 43;
(b)the operator of that scheme has been convicted of an offence under these Regulations.
(2) Before the withdrawal of approval of a scheme under paragraph (1) the appropriate authority shall serve a notification in writing on the operator of that scheme which shall state—
(a)that approval of the scheme is to be withdrawn;
(b)the reasons for the decision;
(c)the right of appeal under Part 12; and
(d)the date when the withdrawal of approval will take effect, not being earlier than the expiration of the time limit for an appeal against the notification as provided for in Schedule 11.
(3) Where a notification has been served in accordance with paragraph (2) and any appeal against that notification has been determined, the appropriate authority shall serve a notification in writing on each member of that scheme which shall contain—
(a)a statement that approval of that scheme has been withdrawn and the effective date when the withdrawal of approval;
(b)the reasons for the decision to withdraw approval;
(c)a request for details of the amount in tonnes of EEE that that member has put on the market in the United Kingdom during any compliance period, or any part of a compliance period, where any such information has not been provided to the appropriate authority by the operator of that scheme in compliance with regulation 28; and
(d)the obligation of a producer to join a new scheme under regulation 10(7).