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PART 9POWERS AND DUTIES OF THE SECRETARY OF STATE

Withdrawal of approval of designated collection facilities

71.—(1) The Secretary of State may decide to withdraw his approval of a designated collection facility where he is satisfied that it—

(a)no longer meets the criteria set out in Schedule 12; or

(b)is jeopardising or is likely to jeopardise the achievement of the United Kingdom’s obligations under the Directive.

(2) Where the Secretary of State decides to withdraw approval of a designated collection facility under paragraph (1), within 14 days of that decision being made, he will notify the operator of the collection facility in writing—

(a)of his decision to withdraw approval of the designated collection facility;

(b)of the reasons for that decision;

(c)of the date when the decision will take effect, not being earlier than 28 days from the date of the notification; and

(d)that the operator of the collection facility may make representations in writing to the Secretary of State in relation to the decision within 14 days of the date of the notification.

(3) The Secretary of State will consider any representations made to him in writing by the operator of the collection facility under paragraph (2)(d) at any time before the decision mentioned in paragraph (1) takes effect.

(4) The Secretary of State may decide against withdrawing his approval of the designated collection facility at any time before the decision mentioned in paragraph (1) takes effect.