Regulation 27 Insolvency, etc., of producers

(1)

This regulation applies where, in a relevant year—

(a)

an insolvency event—

(i)

referred to in paragraph 2(a) to (d) of Schedule 2 takes place in relation to a producer which is a body corporate;

(ii)

referred to in paragraph 3(a) to (d) or (f) of Schedule 2 takes place in relation to a producer which is a partnership; or

(iii)

referred to in paragraph 4(a) or (b) of Schedule 2 takes place in relation to a producer who is an individual,

and, in any of those cases, the producer ceases trading;

(b)

a producer which is a partnership is dissolved; or

(c)

a producer who is an individual dies or becomes incapacitated.

(2)

Where this regulation applies, the producer referred to in paragraph (1) (“the first producer”)—

(a)

ceases to be subject to any producer responsibility obligations for the relevant year; and

(b)

ceases to be liable to pay disposal fees or administration fees under regulation 60, if and to the extent that another person becomes liable to pay those fees under paragraph (3)(b).

(3)

Any person who carries on the activities of the first producer following an event referred to in paragraph (1) (“the new producer”) is to be treated as a producer and—

(a)

has the producer responsibility obligations of the first producer for the relevant year and the following two years regardless of whether the new producer meets the threshold criteria to be a large producer or small producer in those years; and

(b)

is liable to pay any disposal fees or administration fees that were due from the first producer under Part 5.

(4)

The new producer must—

(a)

within 28 days of beginning to carry on the activities of the first producer, inform the appropriate agency in writing of—

(i)

that fact, and the date on which it began to carry on those activities; and

(ii)

the nature and date of the event referred to in paragraph (1) which occurred to the first producer; and

(b)

apply to be registered in accordance with regulation 28(2).