{
  "url": "https://openlegislation.uk/draft-deposit-scheme-for-drinks-containers-england-and-northern-ireland-regulations-2024/schedule-5/paragraph-2",
  "json_url": "https://openlegislation.uk/draft-deposit-scheme-for-drinks-containers-england-and-northern-ireland-regulations-2024/schedule-5/paragraph-2.json",
  "legislation": "ukdsi/2024/9780348266221",
  "legislation_title": "The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/draft-deposit-scheme-for-drinks-containers-england-and-northern-ireland-regulations-2024",
  "path": "schedule/5/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "Decision on DMO appointment applications",
  "text": "(1) The Secretary of State must—\n(a) having assessed each DMO appointment application, determine—\n(i) which DMO applicant is proposed to be appointed as the successful DMO applicant, and\n(ii) whether any conditions apply to the appointment,\n(b) obtain the consent of DAERA to the proposed appointment of the successful DMO applicant, and\n(c) give each DMO applicant a notice of the decision made in respect of their DMO appointment application.\n(2) The Secretary of State may only propose that a DMO applicant is appointed as the deposit management organisation if the Secretary of State is satisfied that the DMO applicant—\n(a) is a not-for-profit body corporate but is not a charity, and\n(b) is suitable for appointment as the deposit management organisation, having regard in particular to—\n(i) the level of support for the DMO applicant’s DMO application amongst scheme producers and scheme suppliers;\n(ii) the DMO applicant’s proposed finance strategy, including in particular how the DMO applicant intends to ensure that the Scheme becomes and remains self-financing;\n(iii) the DMO applicant’s proposed strategy for ensuring that the views of all scheme producers and scheme suppliers (irrespective of their size), and of consumers, are obtained and taken into account in the carrying out of the DMO functions;\n(iv) the DMO applicant’s proposed strategy for minimising the environmental impact of the Scheme and facilitating the recycling of in-scope material;\n(v) the arrangements which the DMO applicant intends to put in place to ensure cooperation with any scheme administrator of another deposit scheme or any Scottish deposit administrator of a Scottish deposit and return scheme, in particular in connection with—\n(aa) the operation of the Scheme;\n(bb) the operation of the other deposit schemes;\n(cc) the operation of the Scottish deposit and return schemes;\n(dd) facilitating and improving the ease of return by consumers of drinks containers purchased in one part of the United Kingdom and returned in another part of the United Kingdom;\n(ee) facilitating and improving the registration process for those who produce, or import, drinks for the United Kingdom market;\n(vi) the DMO applicant’s proposed strategy for reducing and eliminating any fraud in the Scheme, and\n(vii) the purposes for which the DMO proposes to use any amounts which they are permitted to retain under the Scheme but which are not needed to finance the Scheme itself.\n(3) A notice under sub-paragraph (1)(c) must—\n(a) if the Secretary of State grants the DMO applicant’s DMO appointment application—\n(i) state that the application has been granted,\n(ii) specify the date on which the person’s appointment as the deposit management organisation will take effect, and\n(iii) state any conditions applying to the person’s appointment;\n(b) if the Secretary of State refuses the DMO applicant’s DMO appointment application—\n(i) state the reasons for the decision, and\n(ii) state that the DMO applicant may appeal against the decision, and include a statement as to how such an appeal may be brought.\n(4) Where there are two or more DMO applicants, the date specified for the purposes of sub-paragraph (3)(a)(ii) must not be before the end of the period within which a person may bring an appeal against the decision to refuse their DMO appointment application (disregarding any extension of that period).\n(5) In this paragraph “charity” means a body established for charitable purposes only (whether or not it is registered as a charity in any part of the United Kingdom).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2024/9780348266221/schedule/5/paragraph/2",
    "retrieved_at": "2026-10-30T14:40:07.969373+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}