Article 31 Registration of voluntary return point operators
The scheme administrator must within a reasonable period of receiving an application from a person for registration as a voluntary return point operator that complies with regulation 25(2)f1 (voluntary return point operators) of the Regulations—
decide whether to grant the application, or
otherwise, refuse it.
The scheme administrator may grant or refuse an application under paragraph (1) before 1 October 2027.
Where the application is granted the scheme administrator must give notice of that decision in writing to the voluntary return point operator and the date that it takes effect.
Where the application is granted, the return point operator will be treated as registered from the date specified in the notification given under paragraph (3) until any cancellation of the registration in accordance with paragraphs (6) or (9).
Where the application is refused, the scheme administrator must give notice—
of that decision together with the reasons for it,
of the right of review under article 20.
The scheme administrator must cancel the registration of a voluntary return point operator where the voluntary return point operator has requested that its registration be cancelled.
A request under paragraph (5) must be made in such form and manner as the scheme administrator may request.
Where the scheme administrator receives a request under paragraph (6), it must cancel the registration and notify the voluntary return point operator, in writing, of the date on which the cancellation of the registration takes effect
The scheme administrator may cancel the registration of a voluntary return point operator where it appears to it that—
the voluntary return point operator has failed to comply with one or more of their obligations as a voluntary return point operator under the Regulations,
there has been a material change in the information provided in accordance regulation 25(8)(b) of the Regulations, or
the operation of the voluntary return point is no longer viable.
Before cancelling the registration under paragraph (8), the scheme administrator must give the voluntary return point operator a written notice which—
states why scheme administrator proposes to cancel the registration ,
the date when the proposed cancellation is intended to take effect,
states that the voluntary return point operator 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 voluntary return point operator receives the written notice.
The scheme administrator must consider any representations which the voluntary return point operator has made before the date specified under paragraph (10)(d).
The scheme administrator must notify the voluntary return point operator of its decision.
Where the scheme administrator decides to proceed with the cancellation of a person’s registration as a voluntary return point, the scheme administrator must give that person a notice in writing which—
states that the person’s registration as a voluntary return point is being cancelled and the reasons why,
specifies the date on which the cancellation of the registration will take effect, and
states that the person has under article 20 to ask the scheme administrator to review its decision.
The date specified for the purposes of sub-paragraph (13)(b) must not be before the end of the expiration of the time limit for requesting a review of the decision under article 20.
Annotations
Footnotes
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Regulation 25 is amended by S.S.I. 2025/XXX.