Regulation 128 Guidance and protocols

(1)

Each appropriate agency may from time to time publish its own guidance consisting of such information or advice as it considers appropriate in relation to the operation of any provision of these Regulations.

(2)

The appropriate agencies must jointly publish—

(a)

guidance about the criteria which they will apply in determining whether a person is a fit and proper person for the purposes of these Regulations;

(b)

guidance for producers about the evidence which may be used to demonstrate that the conditions in regulation 8(2) or (3) (household packaging) are met;

(c)

a list of protocols applying in the United Kingdom which are approved by all the appropriate agencies for the purposes of paragraph 22(2)(b) of Schedule 8.

(3)

The appropriate agencies may take the following factors into account in the preparation of guidance under paragraph (2)(b)—

(a)

the size and weight of packaging;

(b)

whether the supply of a product is subject to any restrictions imposed by or under primary legislation;

(c)

how available a product or its packaging is to consumers;

(d)

whether a product is likely to be used by a business in a household;

(e)

any other factors the appropriate agencies consider relevant.