Regulation 42 Producers: effect of compliance scheme membership

(1)

Where, in relation to a relevant year, a producer—

(a)

is a member of a registered compliance scheme on the date specified in regulation 28(1) by which the producer would, but for this paragraph, be required to apply for registration;

(b)

remains a member of the compliance scheme until the end of the relevant year; and

(c)

satisfies the conditions in paragraph (3),

the producer is exempt from complying for the relevant year with its registration obligation under regulation 25(1)(a).

(2)

Where a producer is a member of a registered compliance scheme throughout the whole of a relevant year, and satisfies the conditions in paragraph (3), the producer is exempt from complying for the relevant year with—

(a)

its reporting obligations under regulation 25(1)(c);

(b)

in the case of a producer to whom regulation 25(2) applies, its recycling obligations and certification obligation under that paragraph; and

(c)

in the case of a producer to whom regulation 25(3) applies, its reporting obligations under regulation 25(3)(c).

(3)

The conditions in this paragraph are that the producer—

(a)

provides any information the scheme operator reasonably requests which is necessary for the purposes of meeting its obligations under regulation 43(3) in relation to that producer, within a reasonable period of receiving such a request; and

(b)

pays any fee required for membership of the compliance scheme.