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Regulation 116 Offences: scheme operators

Original text. Later amendments are not shown.

It is an offence for a scheme operator—

(a)

to operate a compliance scheme without registering the compliance scheme under regulations 43(1)(b) and 51(1);

(b)

to breach a condition of the compliance scheme’s registration in regulation 53;

(c)

to fail to carry out the obligation to apply for the registration of a member of the compliance scheme under regulation 43(3)(a);

(d)

to fail to make an application referred to in sub-paragraph (c) by the date on which that application is required to be made under regulation 44(1)(a);

(e)

to fail to report information in relation to a member of the compliance scheme which the scheme operator is required to report under regulations 43(3)(b) and 44(2);

(f)

to fail to make a report of any of the information referred to in sub-paragraph (e) by the date on which that report is required to be made under regulation 35, 36, 37 or 38, as those regulations apply by virtue of regulation 44(2);

(g)

to fail to carry out the recycling obligations under regulation 43(3)(c) and 44(3);

(h)

to fail to keep records and make returns to the appropriate agency as required by regulations 43(6)(a) and 55;

(i)

to fail to submit a statement of compliance to the appropriate agency as required by regulation 56;

(j)

to fail to give each member of the compliance scheme—

(i)

the notice required by regulation 49(5) if approval of the compliance scheme is withdrawn; or

(ii)

the notice required by regulation 54(4) if registration of the compliance scheme is cancelled.