Regulation 17 Withdrawal of approval of a scheme administrator

(1)

The Scottish Ministers may withdraw the approval of a scheme administrator where it appears to them that—

(a)

the scheme administrator is in breach of any of the obligations specified in regulation 16,

(b)

the scheme administrator knowingly or recklessly supplied false information in connection with the application for approval or compliance with any of the obligations specified in regulation 16,

(c)

the Scottish Ministers have received notification from the scheme administrator under regulation 16(1)(c) that there has been a material change of circumstances,

(d)

the scheme administrator has been convicted of an offence.

(2)

The Scottish Ministers must withdraw the approval of a scheme administrator where they are notified under regulation 16(1)(d) that the scheme administrator intends to withdraw from acting as a scheme administrator.

(3)

Before withdrawing approval under paragraphs (1) or (2), the Scottish Ministers must—

(a)

serve on the scheme administrator written notice of—

(i)

the decision to withdraw approval and the reasons for it,

(ii)

the date when the withdrawal is intended to take effect,

(iii)

the opportunity to make representations to the Scottish Ministers and the deadline for receipt of such representations, and

(iv)

in the case of withdrawal under paragraph (1), the right to apply for review of the decision under Part 6,

(b)

inform SEPA for the purpose of SEPA notifying all producers registered through that scheme administrator in accordance with paragraph (6).

(4)

In the case of a withdrawal under paragraph (1), the date in paragraph (3)(a)(ii) must not be earlier than the time limit for making an application for review of the decision provided for in Part 6.

(5)

The Scottish Ministers must consider any representations made by the scheme administrator before the notice under paragraph (3) takes effect and may withdraw the notice at any time before it takes effect.

(6)

SEPA must, within 14 days of the withdrawal of the approval of a former scheme administrator taking effect, give notice in writing to each producer registered through that former scheme administrator containing the following information—

(a)

a statement that approval of the scheme administrator has been withdrawn and the date when the withdrawal took effect,

(b)

the reasons for the withdrawal,

(c)

the requirement of the producer to make an application for registration within the time limit specified in regulation 7(2)(c)(i), and

(d)

the obligations with which a producer will be required to comply under regulations 10(1) and 11(1).