Article 30 Revocation of an exemption for a return point
The scheme administrator must revoke a groceries retailer’s exemption from operating a return point in respect of any particular retail premises, if the groceries retailer requests that the exemption is revoked.
A request under paragraph (1) must be made in such form and manner as the scheme administrator may request.
Where the scheme administrator receives a request under paragraph (1), it must revoke the exemption and notify the groceries retailer, in writing, of the date on which the revocation of the return point exemption takes effect.
The scheme administrator may revoke a groceries retailer’s exemption from operating a return point in respect of any particular retail premises where it considers that there has been a material change in relation to any of the circumstances under which the exemption was granted as specified in article 29(1)(a) or, as the case may be, (b).
Before revoking an exemption under paragraph (4), the scheme administrator must give a written notice which—
states why the scheme administrator is proposing to revoke that groceries retailer’s exemption from operating a return point,
specifies the date when the revocation is intended to take effect,
states that the groceries retailer has the opportunity to make representations to the scheme administrator, and
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 groceries retailer receives the written notice.
The scheme administrator must consider any representations which the groceries retailer has made before the date specified under paragraph (5)(d).
The scheme administrator must notify the groceries retailer of its decision.
Where the scheme administrator decides to proceed with the revocation of the groceries retailer’s exemption from operating a return point, the scheme administrator must give that groceries retailer a notice in writing which—
states that the groceries retailer’s exemption from operating a return point is being revoked and the reasons why,
specifies the date on which the revocation of the exemption will take effect, and
states that the groceries retailer has a right under article 20 to ask the scheme administrator to review its decision.
The date specified for the purposes of sub-paragraph (8)(b) must not be before the end of the expiry of the time limit for requesting a review of the decision under article 20.