The Packaging Waste (Data Reporting) (No.2) Regulations (Northern Ireland) 2023

PART 4 N.I. The Department’s powers and duties

Publication of items recycled by district councils N.I.

23.  The Department must publish—

(a) a list of those items which are collected for recycling from households by every district council in Northern Ireland responsible for waste collection; and

(b) a list of those items which are collected for recycling from households by more than 75% of district councils in Northern Ireland responsible for waste collection.

Commencement Information

I1 Reg. 23 in operation at 28.2.2023, see reg. 1(2)

Monitoring N.I.

24.—(1) The Department must monitor in accordance with this regulation—

(a) compliance with their data collection obligations and reporting obligations by persons who are or may be producers; and

(b) compliance by operators of schemes with the obligations referred to in regulation 21(1) and (2).

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of the discharge of its functions under these Regulations, the Department may serve a notice in writing (“an information notice”) on—

(a) any person who has, or who the Department has reason to believe has, data collection obligations or data reporting obligations,

(b) in relation to any person who is a member of a registered scheme, the operator of that scheme.

(4) An information notice may require that person to maintain records, and supply to the Department any data specified in the notice which the Department reasonably considers it needs for those purposes, in such form and within such period following service of the notice, or at such time, as is specified in the notice.

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 24(2) omitted (30.6.2023) by virtue of The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/106), regs. 1(2), 9

F2 Reg. 24(5) omitted (30.6.2023) by virtue of The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/106), regs. 1(2), 9

Commencement Information

I2 Reg. 24 in operation at 28.2.2023, see reg. 1(2)

Approved persons N.I.

25.—(1) The Department may approve a person listed in paragraph (2) for the purposes of—

(a) verifying information reported by a producer to the Department under regulation 18(4)(b); or

(b) verifying information provided by a producer to the operator of a scheme under regulation 20(2)(b)(ii).

(2) The persons listed are, where the producer—

(a) is an individual, that individual;

(b) is a partnership, a partner;

[F3 (ba) is a limited liability partnership, a member of that partnership;]

(c) is a company registered in the United Kingdom, a director or company secretary of that company;

(d) is an unincorporated body, an individual who has control or management of that body; or

(e) is a company which does not have a registered office in the United Kingdom, an individual who has control or management of the producer.

(3) Subject to regulation 26, the Department may approve the delegation by an approved person of the person’s functions to any other person.

(4) An approved person who has delegated functions under paragraph (3) may continue to perform those functions.

(5) For the purposes of these Regulations, an act of a delegate performing the functions of an approved person on that person’s behalf is to be treated as an act of the approved person.

(6) In this regulation, and in regulation 26, “functions” means the functions referred to in paragraph (1)(a) and (b).

Textual Amendments

F3 Reg. 25(2)(ba) inserted (30.6.2023) by The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/106), regs. 1(2), 10

Commencement Information

I3 Reg. 25 in operation at 28.2.2023, see reg. 1(2)

Delegation of approved persons’ functions: procedure N.I.

26.—(1) An approved person who proposes the delegation of their functions to another person under regulation 25(3) must apply for approval to the Department on a form supplied for that purpose by the Department, signed by the approved person.

(2) An application for approval under paragraph (1) must, within 28 days of receipt of the application—

(a) be granted where the Department is satisfied that the proposed delegate, taking into account the factors specified in paragraph (3), is capable of carrying out the functions on behalf of the approved person; or

(b) otherwise be refused.

(3) The factors mentioned in paragraph (2)(a) are—

(a) if the proposed delegate is an employee of the producer or the operator of the scheme, the proposed delegate’s level of seniority;

(b) if the proposed delegate is not an employee of the producer or the operator of the scheme, the nature of the proposed delegate’s relationship with the approved person;

(c) the degree of the proposed delegate’s knowledge of, or access to, information necessary for the purposes of carrying out the functions on behalf of the approved person; and

(d) any other factor which the Department reasonably thinks is relevant.

(4) An approval granted in accordance with paragraph (2)(a) may be for such period, or subject to such other conditions, as the Department may specify.

(5) Where an application for approval is granted in accordance with paragraph (2)(a), the Department must notify the approved person in writing of this, and of any conditions it has imposed pursuant to paragraph (4), within 28 days of its decision.

(6) The Department may decide to withdraw approval granted under paragraph (2)(a) and, if such a decision is taken, must serve on the approved person written notice of—

(a) the decision to withdraw approval;

(b) the reasons for the decision;

(c) the date on which the withdrawal takes effect, not being earlier than 28 days from the date of the notice.

(7) If an approved person proposes to revoke a delegation that has been approved under paragraph (2)(a), the person must serve written notice on the Department of this and of the date when the revocation takes effect, not being earlier than 28 days from the date of the notice.

Commencement Information

I4 Reg. 26 in operation at 28.2.2023, see reg. 1(2)

Information sharing N.I.

27.  The Department may share any information it receives under these Regulations with the following entities to enable them to carry out their functions—

(a) another UK regulator;

(b) any person or entity authorised by the Department to receive that information.

Commencement Information

I5 Reg. 27 in operation at 28.2.2023, see reg. 1(2)