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

Amendment of Part IV (Registration of Schemes – Appeals)

7.—(1) For regulation 18 (right of appeal) substitute–

“18.— (1) A producer may appeal to the Scottish Ministers against a decision of the appropriate Agency–

(a) to refuse to grant an application for registration under regulation 6(5); or

(b) to cancel registration under regulation 11(1).

(2) The operator of a scheme may appeal to the Scottish Ministers against a decision of the appropriate Agency–

(a) to refuse to grant an application for registration under regulation 12(5); or

(b) to cancel registration under regulation 17(1).

(3) A reprocessor or exporter may appeal to the Scottish Ministers against a decision of the appropriate Agency–

(a) to refuse accreditation under regulation 21B(2); or

(b) to specify a condition pursuant to paragraph 1(n)(iii) of Schedule 2A; or

(c) to cancel accreditation under regulation 21D.”.

(2) In regulation 19(2)–

(a) for “operator of the scheme” substitute “appellant”; and

(b) omit from “form of a hearing” to the end.

(3) In regulation 21 (status pending appeal) for “regulation 17(1), the decision to cancel registration” substitute “regulations 11(1), 17(1) or 21D, the decision appealed against”.