Regulation 105 Right of appeal: disposal costs and scheme administrator costs

(1)

A producer may appeal to the appeal body against a decision of the scheme administrator—

(a)

to serve a notice of liability to pay a disposal fee or administration fee on the producer under regulation 67;

(b)

to serve a notice of a revised fee on the producer under regulation 82.

(2)

A holding company may appeal to the appeal body against a decision of the scheme administrator—

(a)

to serve a notice of liability to pay a disposal fee or administration fee on the holding company under regulation 67 (as applied in relation to the holding company by paragraph 6 of Schedule 9) in relation to relevant group members within a group registration;

(b)

to serve a notice of a revised fee on the holding company under regulation 82 (as applied in relation to the holding company by paragraph 6 of Schedule 9) in relation to such relevant group members.

(3)

The grounds for an appeal under paragraph (1) or (2) are that—

(a)

the producer or holding company is not liable to pay a disposal fee or administration fee; or

(b)

the amount which the producer or holding company has been assessed as being liable to pay has been miscalculated.

(4)

A relevant authority may appeal to the appeal body against—

(a)

a decision of the scheme administrator—

(i)

assessing its chargeable disposal costs under Chapter 4 of Part 5;

(ii)

as to the amount to be distributed to the relevant authority under Chapter 4 of Part 5; or

(iii)

recalculating its chargeable disposal costs under Chapter 5 of Part 5;

(b)

a notice by the scheme administrator under regulation 76(6) that it intends to reduce a payment to the relevant authority;

(c)

a decision by the scheme administrator under regulation 77(5), where it has determined a complaint by the relevant authority and that paragraph applies, that information provided by the relevant authority in support of the complaint was not relevant to its decision.

(5)

The grounds for an appeal under paragraph (4)(a) are that—

(a)

the chargeable disposal costs of the relevant authority have been miscalculated;

(b)

the scheme administrator has reduced the disposal costs of the relevant authority when it was not entitled to do so under regulation 71(3) or 72(8);

(c)

that the scheme administrator has failed to comply with a procedural requirement in Chapter 4 or 5 of Part 5 which applies in relation to the decision in question;

(d)

that the scheme administrator has failed to pay the correct amount to the relevant authority under regulation 76.

(6)

The ground for an appeal under paragraph (4)(b) is that the scheme administrator’s determination of how to apportion the total amount available to be divided between relevant authorities is wrong.

(7)

The ground for an appeal under paragraph (4)(c) is that the information provided by the relevant authority in support of the complaint was relevant to the decision to uphold the complaint.

(8)

No appeal may be brought under paragraph (1), (2) or (4)(a) or (b) of this regulation unless the appellant has first brought a complaint under the scheme administrator’s complaints procedure about the decision or notice appealed against.

(9)

Expressions used in this regulation which are defined in regulation 57(1) have the meanings given in that regulation.