The Waste Batteries and Accumulators Regulations 2009

Duty of the appropriate authority to determine and notify producer’s share

17.—(1) This regulation applies in respect of a producer—

(a) to whom regulation 15 applies; and

(b) who has not yet become a member of another battery compliance scheme as required by regulation 15(2) or (3).

(2) The appropriate authority must—

(a) determine the producer’s share in accordance with the method set out in regulation 8; and

(b) notify the producer of that share on or before 31st March in the year following the relevant compliance period.

(3) In making its determination, the appropriate authority must—

(a) take account of any information provided to it under regulation 23; and

(b) make a reasonable estimate of—

(i) the quantity in tonnes of portable batteries placed on the market for the first time in the United Kingdom by the producer during 2009 but before the coming into force of these Regulations; and

(ii) any information which should have been provided under that regulation but was not.

(4) A notification must include the following information—

(a) the compliance period to which it relates;

(b) the producer’s share determined by the authority;

(c) details of how that share has been determined in accordance with the method set out in regulation 8, including details of any information which was estimated;

(d) a statement that the producer may make representations in writing to the appropriate authority in respect of the determination within 14 days of the notification.

(5) The appropriate authority must—

(a) consider any representation made under paragraph (4)(d);

(b) confirm or amend the share determined by it;

(c) notify its decision and the reasons for it in writing to the operator of the scheme within 14 days of receiving the representations.