Regulation 79 Internal review of decisions made by the deposit management organisation
This regulation applies if—
the deposit management organisation makes a relevant decision, and
within a period of 28 days beginning with the date on which the affected person receives notice of the decision, or such longer period as the deposit management organisation may specify under regulation 80(1)(a), the affected person applies to the deposit management organisation to review the decision.
In this regulation—
each decision mentioned in column 1 of the table is a “relevant decision”, and
a person is an “affected person” in relation to a relevant decision if they are mentioned in the corresponding entry in column 2.
The deposit management organisation must carry out a review of a relevant decision in accordance with regulation 80.
On conclusion of a review of a relevant decision, the deposit management organisation must—
confirm the decision (whether on the same or different grounds),
make such changes to the decision as it considers appropriate, or
revoke the decision.
The deposit management organisation must notify the affected person of the decision following the review as soon as reasonably practicable after the decision is taken.
| Column 1 - Relevant decision | Column 2 - Affected person |
|---|---|
| Decision to refuse a person’s application to register a low volume line under regulation 19 | the person making the application |
| Decision to cancel a product’s registration as a low volume line under regulation 20 | the registered scheme producer for that product |
| Decision as to the amount of registration fee payable by a scheme producer under regulation 65 | the registered scheme producer |
| Decision as to the amount of the handling payment payable to a return point operator under regulation 69 | the return point operator |
| Decision to cancel a person’s registration as a registered scheme producer under paragraph 6 of Schedule 1 | the person whose registration is cancelled |
| Decision to cancel a person’s registration as a mandatory return point operator under paragraph 4 of Schedule 2 | the scheme retailer |
| Decision to refuse an application for a return point exemption under paragraph 3 of Schedule 3 | the person making the application |
| Decision to refuse to renew a return point exemption under paragraph 6 of Schedule 3 | the person making the application |
| Decision to revoke a return point exemption under paragraph 9 of Schedule 3 | the person whose exemption is revoked |
| Decision to refuse a person’s application for authorisation to operate a return point under paragraph 4 of Schedule 4 | the person making the application |
| Decision to refuse a person’s application for authorisation as a take-back service provider under paragraph 7 of Schedule 4 | the person making the application |
| Decision to revoke a scheme supplier’s authorisation to operate a return point under paragraph 11 of Schedule 4 | the person whose authorisation is revoked |
| Decision to revoke a scheme retailer’s authorisation as a take-back service provider under paragraph 11 of Schedule 4 | the person whose authorisation is revoked |