{
  "url": "https://openlegislation.uk/draft-producer-responsibility-obligations-packaging-and-packaging-waste-amendment-regulations-2025/schedule-3",
  "json_url": "https://openlegislation.uk/draft-producer-responsibility-obligations-packaging-and-packaging-waste-amendment-regulations-2025/schedule-3.json",
  "legislation": "ukdsi/2025/9780348276176",
  "legislation_title": "The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-producer-responsibility-obligations-packaging-and-packaging-waste-amendment-regulations-2025",
  "path": "schedule/3",
  "kind": "schedule",
  "number": "3",
  "heading": "Producer Responsibility Organisations",
  "text": "“Appointment of a PRO: supplementary\n1A (1) The scheme administrator may only appoint a body as a PRO if the scheme administrator is satisfied that the body—\n(a) is a not-for-profit body corporate but is not a charity; and\n(b) is suitable for appointment as a PRO, taking into account—\n(i) the level of support for the body’s appointment among persons appearing to the scheme administrator to represent the interests of producers and other persons likely to be affected by the appointment;\n(ii) the extent to which the conferral on the body of the functions which the scheme administrator proposes to appoint it to perform would provide value for money;\n(iii) if the body, or another body under the management or control of the same persons, has previously been appointed as a PRO, its performance of the functions conferred on it under any previous appointment; and\n(iv) such other matters as the scheme administrator considers relevant, having regard in particular to the nature of the functions which it is proposed to confer on the PRO.\n(2) The appointment of a PRO—\n(a) must be for a specified period (“the appointment period”); and\n(b) continues until the end of the appointment period unless revoked under paragraph 1B, even if the person appointing the PRO ceases to be the scheme administrator before the end of that period.\n(3) The appointment of a PRO may, subject to sub-paragraph (4), be subject to such conditions (if any) as the scheme administrator considers appropriate.\n(4) But the appointment of a PRO may not give the scheme administrator power to direct the PRO in relation to the performance of functions conferred on the PRO under the appointment.\n(5) The scheme administrator may, with the consent of the appropriate authorities—\n(a) extend a body’s appointment as a PRO; or\n(b) vary a body’s appointment as a PRO by conferring additional functions on the body or by removing functions from the body.\n(6) The scheme administrator may, with the consent of the appropriate authorities and the agreement of the PRO, by notice in writing vary or revoke any condition to which a PRO is subject.\n(7) In sub-paragraph (1), a “not-for-profit body corporate” means a body corporate which uses money earned by, or donated to, that body corporate solely to pursue its objectives and which does not distribute income to its members, directors or officers except for reasonable remuneration for goods or services supplied to that body.\nRevocation of appointment of a PRO\n1B (1) The scheme administrator may, with the consent of the appropriate authorities, revoke the appointment of a PRO before the end of the appointment period if it appears to the scheme administrator that—\n(a) the body has failed to meet one or more conditions of its appointment;\n(b) the body has knowingly or recklessly supplied to the scheme administrator information which is false or is misleading in a material particular—\n(i) in respect of its application for appointment as a PRO; or\n(ii) in connection with the performance of its functions as a PRO;\n(c) the body has been convicted of an offence involving financial impropriety or fraud;\n(d) an insolvency event, within the meaning given in Schedule 2, has taken place in relation to the body;\n(e) the body has become subject to a petition or application for winding-up, administration or receivership;\n(f) the body is likely to be unable to comply with the conditions of its appointment, by reason of a change of circumstances which the body has notified to the scheme administrator;\n(g) the body has, in relation to any activities which are regulated by the appropriate agency—\n(i) failed to comply with a notice issued by the appropriate agency;\n(ii) failed to pay any amount owed by it to the appropriate agency; or\n(iii) had a civil sanction imposed on it by the appropriate agency, had an enforcement undertaking accepted by the appropriate agency, or been convicted of an offence upon prosecution by the appropriate agency.\n(2) The scheme administrator—\n(a) must revoke a body’s appointment as a PRO if the scheme administrator considers—\n(i) that a mandatory exclusion ground set out in Schedule 6 to the Procurement Act 2023 (“the 2023 Act”) applies to the body or to a connected person; and\n(ii) either—\n(aa) the circumstances giving rise to the application of the exclusion ground are continuing or likely to occur again; or\n(bb) the body, or a connected person, is on the debarment list under section 62 of the 2023 Act by virtue of a mandatory exclusion ground set out in Schedule 6 to that Act;\n(b) may revoke a body’s appointment as a PRO if the scheme administrator considers—\n(i) that a discretionary exclusion ground set out in Schedule 7 to the 2023 Act applies to the body or to a connected person; and\n(ii) either—\n(aa) the circumstances giving rise to the application of the exclusion ground are continuing or likely to occur again; or\n(bb) the body, 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.\n(3) If the scheme administrator proposes to revoke a body’s appointment as a PRO, it must first give the body a notice of its intention to do so (a “notice of intent”).\n(4) A notice of intent must be in writing and must—\n(a) state that the scheme administrator proposes to revoke the body’s appointment as a PRO, and the reasons why;\n(b) specify the date on which it proposes that the revocation will take effect;\n(c) state that the body may make representations in connection with the proposed revocation of its appointment;\n(d) specify the form and manner in which, and date by which, any such representations must be made.\n(5) The scheme administrator must consider any representations that are made in the specified form and manner and by the specified date.\n(6) The scheme administrator must give the body notice in writing of its decision whether to revoke its appointment as a PRO and, where the decision is to revoke its appointment, the date on which the revocation will take effect.\nTransfer of assets etc.\n1C (1) The scheme administrator may transfer relevant property, rights and liabilities of an outgoing PRO to—\n(a) the scheme administrator; or\n(b) another PRO appointed to take over the functions of the outgoing PRO,\nas a consequence of the outgoing PRO ceasing to be a PRO.\n(2) The relevant property, rights and liabilities of the outgoing PRO that may be transferred under paragraph (1) are—\n(a) data created and compiled specifically for the purposes of the functions of the scheme administrator under these Regulations;\n(b) intellectual property;\n(c) IT systems;\n(d) contracts entered into by the outgoing PRO for the purposes of the functions it has been appointed to carry out on behalf of the scheme administrator;\n(e) staff and human resources systems.\n(3) The scheme administrator may only transfer such of the relevant property, rights and liabilities set out in paragraph (2) as constitute the minimum assets required to enable the continued exercise of the scheme administrator’s functions under these Regulations.\n(4) The property, rights and liabilities that may be transferred under this paragraph include property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the outgoing PRO.\n(5) A transfer of property, rights and liabilities under this paragraph takes effect despite the absence of any required consent or concurrence to or with the transfer and as if—\n(a) no liability existed in respect of a contravention of a requirement for consent or concurrence, and\n(b) there were no interference with any property or right,\nthat would otherwise exist by reason of any provision (whether under any enactment or agreement or otherwise) having effect in relation to the terms on which the outgoing PRO is entitled to the property or right, or subject to the liability, in question.\n(6) For the purposes of this paragraph, any property, right or liability of the outgoing PRO is relevant property, or a relevant right or liability, only if it was acquired by, or the outgoing PRO became subject to it, in the course of, or in preparation for, the exercise of its functions as a PRO pursuant to an appointment under paragraph 1A.\n(7) In this paragraph and in paragraphs 1D and 1E, an “outgoing PRO” means a body whose appointment as a PRO expires or is revoked under paragraph 1B of this Schedule.\nTransitional provision in connection with paragraph 1C\n1D (1) Anything that—\n(a) is done (or has effect as if done) by or in relation to an outgoing PRO in respect of any property, right or liability transferred under paragraph 1C; and\n(b) has effect immediately before the transfer takes place,\nis to be treated as done by or in relation to the transferee.\n(2) There may be continued by or in relation to the transferee anything, including legal proceedings, that—\n(a) relates to any property, right or liability transferred under paragraph 1C, and\n(b) is in the process of being done by, on behalf of or in relation to the outgoing PRO immediately before the transfer takes place.\n(3) In this paragraph, “the transferee” means the scheme administrator or new PRO, as the case may be, to whom the property, right or liability is transferred.\nContinuity in exercise of functions\n1E Anything done by an outgoing PRO in connection with the exercise of its functions has effect as if done by—\n(a) the new PRO, in a case where it is appointed to take over the functions of the outgoing PRO; or\n(b) the scheme administrator, in any other case.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2023 c. 54."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348276176/schedule/3",
    "retrieved_at": "2026-10-30T14:38:25.967518+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."
}