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Regulation 76 Internal review of decisions made by the deposit management organisation

Original text. Later amendments are not shown.

(1)

This regulation applies if—

(a)

the deposit management organisation makes a relevant decision, and

(b)

within a period of 28 days beginning with the date on which the affected person receives notice of the decision, or such longer period as the deposit management organisation may specify under regulation 77(1)(a), the affected person applies to the deposit management organisation for review of the decision.

(2)

In the table contained in this regulation—

(a)

each decision mentioned in column 1 of the table in this regulation is a “relevant decision”, and

(b)

a person is an “affected person” in relation to such a decision if they are mentioned in the corresponding entry in column 2 of the table.

(3)

The deposit management organisation must carry out a review of the relevant decision in accordance with regulation 77.

(4)

On conclusion of the review of a relevant decision, the deposit management organisation must—

(a)

confirm the decision (whether on the same or different grounds),

(b)

make such changes to the decision as the deposit management organisation considers appropriate, or

(c)

revoke the decision.

(5)

The deposit management organisation must notify the affected person of the decision on the review as soon as reasonably practicable after the decision is taken.

Column 1: DecisionColumn 2: Affected Person
Decision to refuse a person’s application to register a low volume line under regulation 18the person making the application
Decision to cancel a product’s registration as a low volume line under regulation 19the registered scheme producer for that product
Decision as to the amount of a registration fee payable by a scheme producer under regulation 63the registered scheme producer
Decision as to the amount of the handling payment payable to a return point operator under regulation 67the return point operator
Decision to cancel a person’s registration as a registered scheme producer under Schedule 1, paragraph 6the person whose registration is cancelled
Decision to cancel a scheme retailer’s registration as a mandatory return point operator under Schedule 2, paragraph 4the scheme retailer
Decision to refuse an application for a return point exemption under Schedule 3, paragraph 3the person making the application
Decision to refuse to renew a return point exemption under Schedule 3, paragraph 6the person making the application
Decision to revoke a return point exemption under Schedule 3, paragraph 9the person making the application
Decision to refuse a person’s application for authorisation to operate a return point under Schedule 4, paragraph 3the person making the application
Decision to refuse a person’s application for registration as a take-back service provider under Schedule 4, paragraph 6the person making the application
Decision to revoke a person’s authorisation to operate a return point under Schedule 4, paragraph 10the person whose authorisation is revoked
Decision to revoke a person’s authorisation as a take-back service provider under Schedule 4, paragraph 10the person whose authorisation is revoked