Paragraph 9 Revocation of a return point exemption on initiative of the deposit management organisation
The deposit management organisation may revoke a return point exemption if the deposit management organisation is satisfied that—
there has been a change of circumstances relevant to the grounds on which the exemption was granted, or
if the exemption was granted on the proximity grounds, the continuing operation of the exemption will mean that there are scheme consumers who no longer have reasonable access to a return point.
Where the deposit management organisation proposes to revoke a return point exemption under sub-paragraph (1), the deposit management organisation must give the exemption holder a notice (a “proposal notice”).
A proposal notice must be in writing and must—
state the reasons for which the deposit management organisation is proposing to revoke the return point exemption,
specify the day at the end of which the return point exemption will cease to have effect, if the proposal is upheld, and
specify—
the form and manner in which any representations are to be made to the deposit management organisation about the proposal, and
the period within which any such representations 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 to it in the specified form and manner and by the specified date;
may reject any representations that are made otherwise than in the specified form and manner or after the specified date (or both).
The deposit management organisation must notify the exemption holder in writing of its decision.
Where the deposit management organisation decides to proceed with the revocation of the relevant return point exemption, the deposit management organisation must give the exemption holder a notice (a “revocation notice”).
A revocation notice must be in writing and must—
state that the relevant return point exemption is being revoked, and the reasons why, and
specify the day at the end of which the return point exemption will cease to have effect, and
state that the exemption holder has the right under regulation 76 to ask the deposit management organisation to review its decision.
A notice under sub-paragraph (5), together with any revocation notice, must be given before the end of the period of seven days beginning with the day on which the deposit management organisation makes its decision.
If the person exercises the right referred to in sub-paragraph (7)(c), the revocation notice will not take effect pending the review of the decision.
The day specified for the purposes of sub-paragraph (7)(b) must not be before the end of the period of 28 days beginning with the date on which the person receives the revocation notice.