Regulation 32 Cancellation of registration of producers

(1)

The appropriate agency may cancel the registration of a producer where it appears to the appropriate agency that—

(a)

the producer is in breach of any of the conditions in regulation 31;

(b)

the producer knowingly or recklessly supplied to a scheme operator information which is false or misleading in a material particular, to be used in connection with an application for the producer’s registration; or

(c)

the applicant for producer registration knowingly or recklessly supplied information which is false or misleading in a material particular, in connection with the application, or in connection with compliance with any of the conditions in regulation 31.

(2)

The appropriate agency must cancel the registration of a producer where—

(a)

it appears to the appropriate agency that any of the circumstances referred to in regulation 27(1) apply in relation to the producer; or

(b)

it is notified that the producer—

(i)

has become a member of a compliance scheme and been registered by the scheme operator pursuant to regulation 43(3)(a); or

(ii)

has otherwise ceased to be subject to producer responsibility obligations in respect of the relevant year.

(3)

Before cancelling a registration under paragraph (1) or (2), the appropriate agency must serve on the producer concerned written notice of—

(a)

its decision to cancel the registration;

(b)

the reasons for the decision;

(c)

the date when cancellation will take effect, not being earlier than—

(i)

in the case of cancellation under paragraph (1) or (2)(a), the expiration of the time limit in paragraph 2 or 4 of Schedule 11, as applicable, for bringing an appeal against the notice; or

(ii)

in the case of cancellation under paragraph (2)(b), 5 working days after the date of the notice;

(d)

the right of appeal under regulation 104(1)(b), where applicable; and

(e)

if the cancellation is under paragraph (1), and the grounds for cancellation constitute an offence, a statement identifying which offence in regulation 115 or 118 it appears to the appropriate agency is being committed by the producer.

(4)

Paragraph (3) does not apply where a registration is being cancelled because the producer has died.

(5)

The appropriate agency must inform the scheme administrator if it cancels the registration of a producer who is a liable producer under regulation 60.