The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020

Applications for granting, renewing or revoking an exemption

6.—(1) Subject to paragraph (5), a person specified in paragraph 1 of Schedule 1 may make an application to the Secretary of State for the granting, renewal or revocation of an exemption.

(2) An application—

(a) must be made in such form and manner as the Secretary of State may specify;

(b) must include the information set out in paragraph 2 of Schedule 1; and

(c) if the application is for the renewal of an exemption, must be made no later than 18 months before the exemption expires.

(3) Where the Secretary of State receives an application in accordance with paragraphs (1) and (2), the Secretary of State must—

(a) within one month, provide to the applicant—

(i) an acknowledgement of receipt of the application; and

(ii) an estimate of the time within which the Secretary of State will determine the application and, if applicable, the time within which the Secretary of State will make regulations to implement the determination;

(b) publish a summary of the application;

(c) consider, in particular, the matters referred to in paragraphs (2) to (5) of regulation 5;

(d) consult such persons as the Secretary of State considers appropriate about the application; and

(e) publish a summary of the responses to the consultation.

(4) If an application is made under paragraph (1) for the renewal of an exemption in Table 1 of Schedule A2 to the 2012 Regulation, the expiry date for the exemption does not apply, and instead—

(a) the exemption continues in force until the Secretary of State determines the application; and

(b) thereafter regulation 7(3) or (4) applies.

(5) No application may be made for the renewal of an exemption if—

(a) the expiry date of the exemption is before 1st July 2022; or

(b) regulation 10(2) applies.