Article 24 Cancellation of registration of producer

(1)

The scheme administrator must cancel the registration of a producer where—

(a)

the producer has notified it under regulation 10(3)^f1 (producer obligations: general) of the Regulations that the producer has ceased to be a producer, and

(b)

the scheme administrator is satisfied that that is the case.

(2)

Where the scheme administrator cancels the registration of a producer by virtue of paragraph (1), it must give that producer a notice which—

(a)

states that the registration of the scheme producer has been cancelled, and

(b)

specifies the date on which that cancellation takes effect.

(3)

The scheme administrator may cancel the registration of a producer where—

(a)

the scheme administrator has not received a notification under regulation 10(3) of the Regulations, and

(b)

it appears to the scheme administrator that a registered producer has ceased to be a producer.

(4)

Before cancelling the registration under paragraph (3), the scheme administrator must give a written notice which—

(a)

states why the scheme administrator is proposing to cancel that person’s registration as a producer,

(b)

specifies the date when the proposed cancellation is intended to take effect,

(c)

states that the person has the opportunity to make representations to the scheme administrator, and

(d)

specifies the form and manner in which such representations are to be made and the deadline for receipt of such representations, which must not be less than 28 days beginning with the date on which the person receives the written notice.

(5)

The scheme administrator—

(a)

must consider any representations which that person has made before the date specified under paragraph (4)(d),

(b)

must accept a representation made by that person that the person is a scheme producer.

(6)

The scheme administrator must notify that person of its decision.

(7)

Where the scheme administrator decides to proceed with the cancellation of that person’s registration as a scheme producer, the scheme administrator must give that person a notice in writing which—

(a)

states that the person’s registration as a scheme producer is being cancelled and the reasons why,

(b)

specifies the date on which the cancellation of the registration will take effect, and

(c)

states that the person has a right under article 20 to request the scheme administrator to review its decision.

(8)

The date specified for the purposes of paragraph (7)(b) must not be before the end of the expiry of the time limit for requesting a review of the decision under article 20.

Annotations

Footnotes

f1: Regulation 10(3) is substituted by S.S.I. 2025/XXX.