# The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2024, Paragraph 4: Revocation of a person’s appointment as the deposit management organisation: discretion of the Secretary of State


(1) The Secretary of State may, with the consent of DAERA, revoke a person’s appointment as the deposit management organisation if—
(a) it appears to the Secretary of State that the person—
(i) has been convicted of an offence involving financial impropriety or fraud;
(ii) has become bankrupt;
(iii) has become subject to insolvency or winding-up proceedings;
(iv) has had assets made subject to administration or receivership, including by a liquidator or court;
(v) has entered into an arrangement with the person’s creditors;
(vi) has become subject to a petition or application for any such procedures or arrangements referred to in sub-paragraphs (ii) to (v);
(vii) has, in any jurisdiction, been subject to a procedure or an application which corresponds to any procedure or application mentioned in sub-paragraphs (ii) to (v);
(viii) has failed for at least three years to meet the collection targets for a deposit management organisation;
(ix) has knowingly or recklessly supplied false information in connection with its DMO appointment application or in connection with any of its obligations as the deposit management organisation under or in connection with the Scheme;
(x) has failed to comply with a notice or fine issued by a national enforcement authority;
(xi) has repeatedly refused or failed to pay NEA costs after being invoiced for those costs, or
(xii) has failed to meet one or more of that person’s conditions of appointment; or
(b) the person has notified the Secretary of State of a change of circumstances which the Secretary of State considers is likely to prevent the person from complying with that person’s conditions of appointment.
(2) The Secretary of State—
(a) must revoke a person’s appointment as the deposit management organisation if the Secretary of State considers—
(i) that a mandatory exclusion ground set out in Schedule 6 to the Procurement Act 2023 (mandatory exclusion grounds) (“the 2023 Act”), applies to that person or to a connected person, and
(ii) the circumstances giving rise to the application of the exclusion ground are continuing or likely to occur again, or
(iii) the person, or a connected person, is on the debarment list under section 62 of the 2023 Act (debarment list) by virtue of a mandatory exclusion ground set out in Schedule 6 to that Act.
(b) may, with the consent of DAERA, revoke a person’s appointment as the deposit management organisation if the Secretary of State considers—
(i) that a discretionary exclusion ground set out in Schedule 7 to the 2023 Act (discretionary exclusion grounds) applies to that person or to a connected person, and
(ii) the circumstances giving rise to the application of the exclusion ground are continuing or likely to occur again, or
(iii) the person, or a connected person, is on the debarment list under section 62 of the 2023 Act by virtue of a discretionary exclusion ground set out in Schedule 7 to that Act.
(3) In this regulation “connected person” has the same meaning as that given to “connected person” in paragraph 45 of Schedule 6 to the 2023 Act in relation to a supplier.
(4) If the Secretary of State proposes to revoke a person’s appointment as the deposit management organisation it must give the person a notice (a “proposal notice”).
(5) A proposal notice must be in writing and must—
(a) state that the Secretary of State, with the consent of DAERA, proposes to revoke the person’s appointment as the deposit management organisation, and the reasons why,
(b) specify the date on which the revocation will take effect,
(c) state that the person may make representations in connection with the proposed revocation of their appointment, and
(d) specify the form and manner in, and date by, which any such representations must be made to the Secretary of State.
(6) The date specified for the purposes of sub-paragraph (5)(b) must not be before the end of the period within which the person may make an application for a review of the decision to revoke their appointment as the deposit management organisation (disregarding any extension of that period).
(7) The Secretary of State—
(a) must consider any representations that are made in the specified form and manner, and by the specified date;
(b) may disregard any representations that are not made in the specified form and manner or are made after the specified date.
(8) The Secretary of State must notify the deposit management organisation in writing of the decision.
(9) The Secretary of State must give a copy of any notice under sub-paragraph (8) to DAERA.
(10) Where the Secretary of State decides to proceed with the proposed revocation, the Secretary of State must give that person a notice (a “revocation notice”).
(11) The revocation notice must—
(a) state that the person’s appointment as the deposit management organisation has been revoked, and
(b) specify the date on which the revocation will take effect.
(12) The Secretary of State must give a copy of any revocation notice to DAERA.

---
Source: https://www.legislation.gov.uk/ukdsi/2024/9780348266221/schedule/5/paragraph/4 (the official version)
Page: https://openlegislation.uk/draft-deposit-scheme-for-drinks-containers-england-and-northern-ireland-regulations-2024/schedule-5/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.