Paragraph 9 Revocation of a return point exemption on initiative of the deposit management organisation
The deposit management organisation may revoke a return point exemption if it is satisfied that—
there has been a change of circumstances relevant to the grounds on which the exemption was granted, or
if the exemption was granted on the proximity grounds, the continuing operation of the exemption will mean that there are consumers who no longer have reasonable access to a return point.
Where the deposit management organisation proposes to revoke a return point exemption under sub-paragraph (1), it must, as soon as reasonably practicable, give the exemption holder a proposal notice.
A proposal notice must be in writing and must—
state the reasons for which the deposit management organisation is proposing to revoke the return point exemption,
specify the date on which—
the return point exemption ceases to have effect, if the proposal is made final, and
the exemption holder is required to operate a return point, and
specify—
the form and manner in which any representations must be made to the deposit management organisation about the proposal, and
the period within which any representations 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 to it in the specified form and manner by the specified date;
may reject any representations that are made otherwise than in the specified form and manner or after the specified date (or both).
Where the deposit management organisation decides not to proceed with the proposed revocation of the return point exemption it must, as soon as reasonably practicable, notify the exemption holder in writing of its decision.
Where the deposit management organisation decides to proceed with the revocation of the return point exemption, it must, as soon as reasonably practicable, give the exemption holder a revocation notice.
A revocation notice must be in writing and must—
state that the return point exemption is being revoked, and the reasons why;
specify the date on which—
the return point exemption will cease to have effect, and
the exemption holder is required to operate a return point;
state that the exemption holder has the right under regulation 79 to ask the deposit management organisation to review its decision.
A notification under sub-paragraph (5) and a revocation notice under sub-paragraph (6), must be given before the end of the period of 7 days beginning with the day after the day on which the deposit management organisation makes its decision.
The dates under sub-paragraph (7)(b) must not be before the end of the period of 28 days beginning with the day on which the exemption holder receives the revocation notice.
If an exemption holder exercises the right under sub-paragraph (7)(c), the revocation notice must not take effect before the end of the period specified in regulation 81(2).