Paragraph 4 Cancellation of registration
The deposit management organisation must—
cancel an in-scope retailer’s registration as a mandatory return point operator in respect of any particular MRP premises, if—
the retailer notifies the deposit management organisation that they no longer supply deposit items at or on those premises and the deposit management organisation is satisfied that that is the case, or
the deposit management organisation grants a return point exemption in respect of those premises;
cancel a person’s registration as a mandatory return point operator, if—
the person notifies the deposit management organisation that they are no longer an in-scope retailer and the deposit management organisation is satisfied that that is the case, or
the deposit management organisation grants a return point exemption in respect of all of the in-scope retailer’s premises which are MRP premises.
Where the deposit management organisation cancels a person’s registration as a mandatory return point operator following a notification under sub-paragraph (1), the deposit management organisation must give the person a notice which—
states that the person’s registration as a mandatory return point operator has been cancelled, and
specifies the date on which that cancellation takes effect.
The deposit management organisation may—
cancel an in-scope retailer’s registration as a mandatory return point operator in respect of any particular premises if the deposit management organisation is satisfied, without a notification having been given under sub-paragraph (1)(a)(i) that the retailer no longer supplies deposit items at or on those premises;
cancel a person’s registration as a mandatory return point operator, if the deposit management organisation is satisfied, without a notification having been given under sub-paragraph (1)(b)(i), that the person is no longer an in-scope retailer.
Before cancelling a person’s registration as a mandatory return point operator in accordance with sub-paragraph (3), the deposit management organisation must give that person a notice (a “proposal notice”).
A proposal notice must be in writing and must—
state why the deposit management organisation is proposing to cancel the person’s registration as a mandatory return point operator,
specify the date on which the cancellation of the person’s registration as a mandatory return point operator will take effect,
state that the person to whom the notice is given may make representations to the deposit management organisation about the proposal, and
specify the form and manner in which such representations are to be made and the period within which they must be made, which must not be less than 28 days beginning with the date on which the person receives the proposal notice.
The deposit management organisation—
must consider any representations made by the relevant person before the date specified in the proposal notice in accordance with sub-paragraph (5)(b);
may reject any representations made by that person after that date.
The deposit management organisation must notify that person in writing of its decision.
Where the deposit management organisation decides to proceed with the cancellation of the person’s registration as a mandatory return point operator, the deposit management organisation must give that person a notice (a “cancellation notice”).
A cancellation notice must be in writing and must—
state that the persons’ registration as a mandatory return point operator is being cancelled and the reasons why, and
specify the date on which the cancellation of the registration will take effect, and
state that the person has a right under regulation 76 to ask the deposit management organisation to review the decision.
If the person exercises the right referred to in sub-paragraph (9)(c), the cancellation notice will not take effect pending the review of the decision.
The date specified for the purposes of sub-paragraph (9)(b) must not be before the end of the period of 28 days beginning with the date on which the person received the cancellation notice.