Regulation 104 Right of appeal: decisions of the appropriate agency and civil sanctions

(1)

A producer may appeal to the appeal body against a decision of the appropriate agency—

(a)

to refuse to grant an application for registration under regulation 30(1); or

(b)

to cancel the producer’s registration under regulation 32(1).

(2)

A scheme operator may appeal to the appeal body against a decision of the appropriate agency—

(a)

to refuse to grant an application for approval of a compliance scheme under regulation 47(4);

(b)

to grant approval subject to additional conditions under regulation 48(2);

(c)

to withdraw approval of a compliance scheme under regulation 49(1)(a) or (3);

(d)

to refuse to grant an application for registration of a compliance scheme under regulation 52(1);

(e)

to cancel the registration of a compliance scheme under regulation 54(1) or (2).

(3)

A reprocessor or exporter may appeal to the appeal body against a decision of the appropriate agency—

(a)

to refuse to grant an application for a registration under regulation 87(3) or (4);

(b)

to cancel a registration under regulation 90(1) or (2);

(c)

to refuse an accreditation under regulation 97(1);

(d)

to grant an accreditation subject to a special condition under regulation 97(4)(c) or 97(5)(d);

(e)

to refuse to vary an accreditation under regulation 99(5); or

(f)

to suspend or cancel accreditation under regulation 100(1), (2) or (3).

(4)

A holding company may appeal to the appeal body against a decision of the appropriate agency—

(a)

to refuse to grant an application for a group registration under regulation 30 as applied by paragraph 4(4) of Schedule 9;

(b)

to cancel a group registration under regulation 32 as applied by paragraph 4(6) of Schedule 9.

(5)

An approved person may appeal to the appeal body against a decision of the appropriate agency—

(a)

to refuse to approve a delegation of the approved person’s functions under regulation 133(3); or

(b)

to withdraw such an approval under regulation 134(5).

(6)

A person—

(a)

on whom a civil sanction has been imposed under regulation 121; or

(b)

to whom an enforcement cost recovery notice has been issued under regulation 123,

may appeal to the appeal body against the imposition of that sanction or the issue of that notice.

(7)

A person who has applied under paragraph 23 of Schedule 13 for a certificate that an enforcement undertaking has been complied with may appeal to the appeal body against a decision not to issue such a certificate.