Paragraph 3 Decision on applications for return point exemptions

(1)

Where the deposit management organisation receives, whether before or after 1st October 2027, an exemption application from an in-scope retailer (“the applicant”), it must, within a reasonable time—

(a)

consider the application information supplied by the applicant under paragraph 2 of this Schedule, and

(b)

in making a decision on the exemption application, have regard to all relevant factors including—

(i)

the number of applications for exemption made in the proximity of the applicant;

(ii)

the decisions taken with regard to such other applications;

(iii)

any representations made by members of the public, or by groups representing sections of the public, regarding exemptions from the requirement to operate a return point.

(2)

The deposit management organisation must—

(a)

subject to sub-paragraph (3), decide whether or not to grant the return point exemption, and

(b)

give a notice regarding its decision to the applicant.

(3)

A notice under sub-paragraph (2) must be in writing, and—

(a)

if the deposit management organisation grants the exemption—

(i)

specify the premises in respect of which the exemption is granted,

(ii)

specify the date on which the exemption will take effect, and

(iii)

include a statement that, unless the exemption is revoked or renewed, it will expire at the end of the period of three years beginning with that date;

(b)

if the deposit management organisation refuses the exemption—

(i)

state the reasons for that decision, and

(ii)

state that the in-scope retailer has a right under regulation 76 to ask the deposit management organisation to review its decision.