{
  "url": "https://openlegislation.uk/deposit-scheme-for-drinks-containers-wales-regulations-2026/schedule-5/paragraph-4",
  "json_url": "https://openlegislation.uk/deposit-scheme-for-drinks-containers-wales-regulations-2026/schedule-5/paragraph-4.json",
  "legislation": "wsi/2026/103",
  "legislation_title": "The Deposit Scheme for Drinks Containers (Wales) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/deposit-scheme-for-drinks-containers-wales-regulations-2026",
  "path": "schedule/5/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Revocation of a person’s appointment as the DMO: discretion of the Welsh Ministers",
  "text": "(1) The Welsh Ministers may revoke a person’s appointment as the DMO if—\n(a) the person—\n(i) has been convicted of an offence involving financial impropriety or fraud;\n(ii) has become bankrupt;\n(iii) has become subject to insolvency or winding-up proceedings;\n(iv) has had assets made subject to administration or receivership, including by a liquidator or court;\n(v) has entered into an arrangement with the person’s creditors;\n(vi) has become subject to a petition or application for any procedures or arrangements referred to in sub-paragraphs (ii) to (v);\n(vii) has, in any jurisdiction, been subject to a procedure or an application which corresponds to any procedure or application mentioned in sub-paragraphs (ii) to (v);\n(viii) has failed for at least 3 years to ensure that the Scheme, together with any reciprocal recycling arrangements, meets the collection targets under regulation 84;\n(ix) has knowingly or recklessly supplied false information in connection with its DMO appointment application or in connection with any of its obligations as the DMO under or in connection with the Scheme;\n(x) has failed to comply with a notice or fine issued by NRW;\n(xi) has repeatedly refused or failed to pay NRW costs after being invoiced for those costs;\n(xii) has failed to meet one or more of that person’s conditions of appointment, or\n(b) the person has notified the Welsh Ministers of a change of circumstances which the Welsh Ministers consider is likely to prevent the person from complying with that person’s conditions of appointment.\n(2) The Welsh Ministers—\n(a) must revoke a person’s appointment as the DMO if the Welsh Ministers consider that a mandatory exclusion ground set out in Schedule 6 (“mandatory exclusion ground”) to the Procurement Act 2023 (“the 2023 Act”), applies to that person or to a connected person and—\n(i) the circumstances giving rise to the application of the mandatory exclusion ground are continuing or likely to occur again, or\n(ii) the person, or a connected person, is on the debarment list under section 62 of the 2023 Act by virtue of a mandatory exclusion ground;\n(b) may revoke a person’s appointment as the DMO if the Welsh Ministers consider that a discretionary exclusion ground set out in Schedule 7 to the 2023 Act (“discretionary exclusion ground”) applies to that person or to a connected person and—\n(i) the circumstances giving rise to the application of the discretionary exclusion ground are continuing or likely to occur again, or\n(ii) the person, or a connected person, is on the debarment list under section 62 of the 2023 Act by virtue of a discretionary exclusion ground.\n(3) In this paragraph, “connected person” has the same meaning as “connected person” in paragraph 45 of Schedule 6 to the 2023 Act.\n(4) If the Welsh Ministers propose to revoke a person’s appointment as the DMO they must, as soon as reasonably practicable, give the person a proposal notice.\n(5) A proposal notice must—\n(a) state that the Welsh Ministers propose to revoke the person’s appointment as the DMO, and the reasons why,\n(b) specify the proposed date on which the revocation is to take effect,\n(c) state that the person may make representations in connection with the proposed revocation of their appointment as the DMO, and\n(d) specify the form and manner in, and date by, which any such representations must be made to the Welsh Ministers.\n(6) The date specified under sub-paragraph (5)(b) must not be before the end of the period within which the person may make representations in connection with the proposed revocation of their appointment as the DMO (disregarding any extension of that period).\n(7) The Welsh Ministers—\n(a) must consider any representations that are made in the specified form and manner, and by the specified date;\n(b) may disregard any representations that are not made in the specified form and manner or are made after the specified date.\n(8) Where the Welsh Ministers decide not to proceed with the proposed revocation, they must notify the DMO in writing as soon as reasonably practicable.\n(9) Where the Welsh Ministers decide to proceed with the proposed revocation, the Welsh Ministers must give that person a revocation notice as soon as reasonably practicable.\n(10) The revocation notice must—\n(a) state that the person’s appointment as the DMO has been revoked and the reasons why,\n(b) specify the date on which the revocation takes effect, and\n(c) state that the person may appeal against the decision, and include a statement as to how such an appeal may be brought.\n(11) The date specified under sub-paragraph (10)(b) must not be before the end of the period within which a person may bring an appeal against the decision to revoke their appointment as the DMO (disregarding any extension of that period).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2023 c. 54, to which there are amendments not relevant to these Regulations."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2026/103/schedule/5/paragraph/4",
    "retrieved_at": "2026-10-28T22:54:52.499728+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}