Paragraph 4 Cancellation of registration
The deposit management organisation must—
cancel an in-scope retailer’s registration as a mandatory return point operator in respect of any particular MRP premises, if—
the in-scope retailer notifies the deposit management organisation that they no longer supply deposit items at those premises and the deposit management organisation is satisfied that is the case, or
the deposit management organisation grants a return point exemption in respect of those premises;
cancel a person’s registration as a mandatory return point operator, if—
the person notifies the deposit management organisation that they are no longer an in-scope retailer and the deposit management organisation is satisfied that is the case, or
the deposit management organisation grants a return point exemption in respect of all the in-scope retailer’s premises which are MRP premises.
Where the deposit management organisation cancels a person’s registration as a mandatory return point operator following a notification under sub-paragraph (1), it must, as soon as reasonably practicable, give the person a deregistration notice.
A deregistration notice must be in writing and must—
state that the person’s registration as a mandatory return point operator has been cancelled, and
specify the date on which that cancellation takes effect.
The deposit management organisation may—
cancel an in-scope retailer’s registration as a mandatory return point operator in respect of any premises, without a notification having been given under sub-paragraph (1)(a)(i), if it is satisfied that the retailer no longer supplies deposit items at those premises;
cancel a person’s registration as a mandatory return point operator, without a notification having been given under sub-paragraph (1)(b)(i), if it is satisfied that the person is no longer an in-scope retailer.
Before cancelling a person’s registration as a mandatory return point operator under sub-paragraph (4), the deposit management organisation must, as soon as reasonably practicable, give that person a proposal notice.
A proposal notice must be in writing and must—
state why the deposit management organisation is proposing to cancel a person’s registration as a mandatory return point operator,
specify the date on which the proposed cancellation of the person’s registration as a mandatory return point operator will take effect,
state that the mandatory return point operator may make representations to the deposit management organisation about the proposal, and
specify the form and manner in which any representations must be made and the period within which they must be made, which must not be less than 28 days beginning with the day after the day on which the person receives the proposal notice.
The deposit management organisation—
must consider any representations made by the mandatory return point operator before the date of proposed cancellation specified in the proposal notice under sub-paragraph (6)(b);
may reject any representations made by that person after that date.
Where the deposit management organisation decides not to proceed with the cancellation of the person’s registration as a mandatory return point operator under sub-paragraph (4), it must, as soon as reasonably practicable, notify that person in writing of its decision.
Where the deposit management organisation decides to proceed with the cancellation of the person’s registration as a mandatory return point operator under sub-paragraph (4), it must, as soon as reasonably practicable, give that person a cancellation notice.
A cancellation notice must be in writing and must—
state that the persons’ registration as a mandatory return point operator is being cancelled and the reasons why,
specify the date on which the cancellation of the registration takes effect, and
state that the person has a right under regulation 79 to ask the deposit management organisation to review the decision.
The date specified under sub-paragraph (10)(b) must not be before the end of the period of 28 days beginning with the day on which the person receives the cancellation notice.
If a mandatory return point operator exercises the right under sub-paragraph (10)(c), the cancellation notice must not take effect before the end of the period specified in regulation 81(2).