Paragraph 2 Decision on DMO appointment applications

(1)

The Welsh Ministers must—

(a)

assess each DMO appointment application and determine—

(i)

which DMO applicant to appoint as the DMO, and

(ii)

whether to attach any conditions to the appointment;

(b)

notify each DMO applicant of any decision made in respect of their DMO appointment application as soon as reasonably practicable.

(2)

The Welsh Ministers may only appoint a DMO applicant as the DMO if they are satisfied that the DMO applicant—

(a)

is a not-for-profit body corporate,

(b)

is not a charity, and

(c)

is suitable for appointment as the DMO, having regard in particular to—

(i)

the level of support for the DMO applicant’s appointment as the DMO amongst scheme producers and scheme suppliers;

(ii)

the DMO applicant’s proposed finance strategy, including in particular how it intends to ensure that the Scheme becomes and remains self-financing;

(iii)

the DMO applicant’s proposed strategy for ensuring that the views of all scheme producers and scheme suppliers (irrespective of their size), and of consumers, are obtained and taken into account in the carrying out of the DMO functions;

(iv)

the DMO applicant’s proposed strategy for minimising the environmental impact of the Scheme and facilitating the reuse of refund items and the recycling of in-scope material;

(v)

the arrangements which the DMO applicant intends to put in place to ensure co-operation with other scheme administrators, in particular in connection with—

(aa)

the operation of the Scheme;

(bb)

the operation of the England and Northern Ireland deposit scheme;

(cc)

the operation of an overseas scheme;

(dd)

the operation of the Scottish deposit and return scheme;

(ee)

facilitating and improving the ease of return by consumers of drinks containers purchased in one part of the United Kingdom and returned in another part of the United Kingdom;

(ff)

facilitating and improving the registration process for those who produce, or import, drinks for the United Kingdom market;

(vi)

the DMO applicant’s proposed strategy for reducing and eliminating any fraud in the Scheme;

(vii)

the purposes for which the DMO proposes to use any amounts which the DMO is permitted to retain under the Scheme, but which are not needed to finance the Scheme itself.

(3)

A notice under sub-paragraph (1)(b) must—

(a)

if the Welsh Ministers decide to appoint the DMO applicant as the DMO—

(i)

state that the application has been successful,

(ii)

specify the date on which the DMO applicant’s appointment as the DMO takes effect, and

(iii)

state any conditions attaching to the appointment;

(b)

if the Welsh Ministers refuse the DMO applicant’s DMO appointment application—

(i)

state the reasons for the decision, and

(ii)

state that the DMO applicant may appeal against the decision, and include a statement as to how such an appeal may be brought.

(4)

Where there are two or more DMO applicants, the date specified under sub-paragraph (3)(a)(ii) must not be before the end of the period within which a DMO applicant may bring an appeal against a decision to refuse their DMO appointment application (disregarding any extension of that period).