Article 34 Registration as a takeback service provider
The scheme administrator must within a reasonable period of receiving an application from a person for registration as a takeback service provider that complies with regulation 21(4) (takeback services) 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 takeback service provider and the date that it takes effect.
Where the application is granted, the takeback service provider 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 (7) or (10).
The scheme administrator must publish and maintain a list of takeback service providers registered under this article, in such manner as it considers appropriate.
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 takeback service provider where the takeback service provider has requested that its registration be cancelled.
A request under paragraph (7) must be made in such form and manner as the scheme administrator may request.
Where the scheme administrator cancels the registration of a takeback service provider under paragraph (7), the scheme administrator must give the person a notice, specifying the day on which the registration ceases to have effect.
The scheme administrator may cancel the registration of a takeback service provider where it appears to it that—
the takeback service provider has failed to comply with one or more of their obligations as a takeback service provider under the Regulations,
there has been a material change in the information provided in accordance with regulation 21(6)f1 of the Regulations, or
the operation of the takeback service is no longer viable.
Before cancelling the registration under paragraph (10), the scheme administrator must give the takeback service provider a written notice which—
states why the scheme administrator is proposing to cancel the registration,
specifies the date when the cancellation is intended to take effect,
states that the takeback service provider 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 takeback service provider receives the written notice.
The scheme administrator must consider any representations which the takeback service provider has made before the date specified under paragraph (11)(d).
The scheme administrator must notify the takeback service provider of its decision.
Where the scheme administrator decides to proceed with the cancellation of a person’s registration as a takeback service provider, the scheme administrator must give that person a notice in writing which—
states that the person’s registration as a takeback service provider 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 a right under article 20 to ask the scheme administrator to review its decision.
The date specified for the purposes of sub-paragraph (14)(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 21 is substituted by S.S.I. 2025/XXX.