PART 2 Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007

7 Regulation 13
In regulation 13 (application for approval of a scheme)—
(a) in paragraph (1), for “authority”, substitute “Agency”;
(b) in paragraph (2), for “unconditionally where the appropriate authority”, substitute “where the appropriate Agency”;
(c) after paragraph (2), insert—

“2A Where an application for approval is granted, the appropriate Agency shall notify the operator of the scheme in writing of its decision within 28 days of making that decision.”

;
(d) in paragraph (3)—
(i) in sub-paragraph (c), for “authority”, substitute “Agency”;
(ii) in sub-paragraph (d), for “at paragraph (5) below”, substitute “in regulation 13A(2)”;
(e) in paragraph (4)—
(i) for each “authority”, substitute “Agency”;
(ii) for “paragraph (5)”, substitute “regulation 13A(2)”;
(f) for paragraphs (5) to (10), substitute—

“5 Where the conditions in paragraph (7) are met, an operator may elect to make an application for approval by DOENI under paragraph (1).
6 Where an operator so elects—
(a) functions of the appropriate Agency in relation to the application under this regulation shall be carried out by DOENI on behalf of the appropriate Agency; and
(b) until the application has been determined, the operator may not make an application to the appropriate Agency under paragraph (1) in relation to the same or substantially the same scheme.
7 The conditions are—
(a) the operator’s registered office or principal place of business is in Northern Ireland; and
(b) the operator proposes to apply to DOENI in relation to the same year for approval of the scheme under regulation 13(1) of PRONIR.
8 For the purposes of these Regulations, an act of DOENI performing the functions of the appropriate Agency pursuant to paragraph (6)(a) is to be treated as an act of the appropriate Agency.”

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Regulation 13 was amended by S.I. 2010/2849.