Regulation 100 Suspension and cancellation of accreditation

(1)

The appropriate agency may suspend or cancel an accreditation held by a reprocessor or exporter (“RE”) under this Chapter where it appears to it that—

(a)

RE has failed to comply, or there are reasonable grounds for considering that RE is likely to fail to comply, with any of the conditions specified in regulation 98;

(b)

RE has knowingly or recklessly supplied information which is false or misleading in a material particular to the appropriate agency in, or in connection with—

(i)

an application for a registration under regulation 85 or 86;

(ii)

an application for an accreditation under regulation 94 or 95;

(iii)

an application to vary an accreditation under regulation 99; or

(iv)

any other requirement of these Regulations; or

(c)

RE is not, or has at any time ceased to be, a fit and proper person.

(2)

Where the appropriate agency is no longer satisfied that the requirements in regulation 97(2)(e) or 99(5)(d), as applicable, are met in relation to an overseas reprocessing site covered by an accreditation held by an exporter, the appropriate agency must suspend or cancel the accreditation to the extent that it relates to exports to that site.

(3)

The appropriate agency must cancel an accreditation of RE where RE’s corresponding registration is cancelled under regulation 90.

(4)

Where the appropriate agency suspends or cancels an accreditation under paragraph (1), (2) or (3), it must serve on RE written notice of—

(a)

its decision to suspend or cancel (as the case may be) the accreditation;

(b)

the reasons for the decision;

(c)

the right of appeal under regulation 104(3)(f);

(d)

the date when the suspension or cancellation will take effect, not being earlier than the date of receipt of the notice; and

(e)

in the case of a suspension, the period of the suspension or any steps which are required to be taken in order to bring the suspension to an end.

(5)

An accreditation of RE is deemed to be cancelled—

(a)

on the date on which RE ceases—

(i)

to hold a relevant authorisation; or

(ii)

to be a reprocessor or exporter; or

(b)

in a case where RE requests that the accreditation should be cancelled, with effect from the date for cancellation specified by RE.