PART 3OBLIGATIONS OF BATTERY COMPLIANCE SCHEMES AND REGISTRATION OF PRODUCERS OF PORTABLE BATTERIES

Duties of the appropriate authority in relation to applications to register producers of portable batteries28

1

The appropriate authority must grant an application for registration where—

a

the applicant has complied with regulation 27;

b

in the case of an application to register a scheme member, the scheme is approved under regulation 49; and

c

the producer who is the subject of the application does not appear on a register maintained under regulation 76.

2

Otherwise the appropriate authority must refuse the application.

3

Where an application for registration is granted the appropriate authority must, by the date mentioned in paragraph (5) confirm to the applicant in writing—

a

either (as the case may be)—

i

that scheme members specified in the confirmation are registered with it; or

ii

that the small producer is registered with it; and

b

subject to paragraph (4), the new battery producer registration number it has allocated to each of those scheme members or to the small producer (as the case may be).

4

If a producer who is the subject of the confirmation appeared on a register maintained under regulation 76 during any of the five compliance periods preceding the compliance period during which the application for registration is made, the appropriate authority must, instead of allocating a new battery producer registration number, allocate that producer's most recently allocated battery producer registration number.

5

The date referred to in paragraph (3) is—

a

in respect of an application made on or before 31st October 2009, on or before 30th November 2009;

b

otherwise, within 28 days of receipt of the application.