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The Waste Batteries and Accumulators Regulations 2009

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This is the original version (as it was originally made).

Withdrawal of approval of a battery compliance scheme

This section has no associated Explanatory Memorandum

54.—(1) The appropriate authority may withdraw approval of a battery compliance scheme where it is satisfied that—

(a)there is a breach of any condition in regulation 52; or

(b)the scheme operator knowingly or recklessly supplied false information in connection with—

(i)an application for registration made under regulation 26(3);

(ii)a notification made under regulation 29;

(iii)the application for approval of the battery compliance scheme made under regulation 47; or

(iv)compliance with any condition in regulation 52.

(2) Before the withdrawal of approval of a battery compliance scheme under paragraph (1) the appropriate authority must serve a notification in writing on the scheme operator which must state—

(a)that approval of the scheme is to be withdrawn;

(b)the reasons for the decision;

(c)the right of appeal under Part 11; and

(d)the date when the withdrawal of approval will take effect, which must not be earlier than the expiration of the time limit for an appeal against the notification.

(3) If an appeal against the decision to withdraw approval of the scheme is made and refused, the decision does not take effect on the date stated in the notification under paragraph (2) but instead takes effect at the end of the day on which the appeal is refused.

(4) If—

(a)a notification has been served in accordance with paragraph (2); and

(b)either—

(i)the time limit for an appeal has expired and no appeal against that notification has been made; or

(ii)an appeal has been made and refused,

the appropriate authority must within 14 days of the date of expiry or refusal (as the case may be) serve a notification in writing on each scheme member containing the information specified in paragraph (5).

(5) The information referred to in paragraph (4) is—

(a)a statement that approval of the scheme has been withdrawn and the date when the withdrawal takes effect;

(b)the reasons for the withdrawal;

(c)the obligation of a producer under regulation 15(2).

(6) Where approval is withdrawn under this regulation the appropriate authority is not under a duty to refund the whole or any part of the scheme application charge or the scheme subsistence charge.

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