PART 4SCHEME OBLIGATIONS

Application to register producers and authorised representatives26

1

Subject to paragraph (2), an operator of a scheme who is required by regulation 25 to register the scheme members of that scheme will for the purpose of registering scheme members for any compliance period, or any part of a compliance period, make an application to the appropriate authority on or before 30th November in the year immediately preceding the commencement of that compliance period.

2

Where a producer or an authorised representative becomes a member of a scheme after 15th November in the year immediately preceding the commencement of the relevant compliance period, the operator of the scheme will make an application to register that producer or authorised representative to the appropriate authority within 28 days of the date when that producer or authorised representative becomes a member of the scheme.

3

Where the operator of the scheme is a partnership, an application for registration made under paragraphs (1) or (2) will be made by any partner acting on behalf of the partnership.

4

An application for registration made under paragraph (1) or (2) will—

a

be submitted in writing or online;

b

contain the information set out in Schedule 8 which, will be submitted in the format published by the appropriate authority under regulation 77; and

c

be accompanied by evidence that the operator of the scheme has been approved by the appropriate authority under regulation 55.

5

An application for registration will be granted where—

a

the operator of the scheme has complied with the requirements of paragraph (4);

b

the scheme has been approved by the appropriate authority under regulation 55; and

c

the producer or the authorised representative who is the subject of the application is not already registered with an appropriate authority under this regulation in relation to the relevant compliance period.

6

Where an application for registration is granted in respect of any compliance period, the appropriate authority will, on or before 15th January of that compliance period or within 28 days of the date of an application made under paragraph (2), whichever is the later—

a

confirm to the operator of the scheme in writing that specified scheme members are registered with it for that compliance period; and

b

subject to paragraph (11), issue an EEE producer registration number for each registered scheme member.

7

Where an application for registration made under paragraph (1) is granted, the registration of any scheme member who is the subject of that application will take effect for the whole of the compliance period in respect of which the application was made.

8

Where an application for registration made under paragraph (2) is granted, the registration of any scheme member who is the subject of that application will take effect from the date the application is granted or the date of the commencement of the relevant compliance period, whichever is the later, until the end of the relevant compliance period.

9

Any information provided to the appropriate authority under this regulation will be as accurate and complete as reasonably possible.

10

Where a scheme member notifies a scheme operator of a change in their details under regulation 18(2), a scheme operator will notify the appropriate authority of this change within 28 days of receiving notification from the scheme member.

11

Where a scheme member has been issued with an EEE producer registration number by an appropriate authority in respect of a previous application made under this regulation within the last five years, the appropriate authority will not issue a new EEE producer registration number but will confirm to the operator of the scheme that that scheme member will retain his previous EEE producer registration number.