Regulation 52 Determination of application for compliance scheme registration

(1)

An application for registration of a compliance scheme must be granted where—

(a)

the scheme operator has complied with regulation 51(2) and (5);

(b)

the scheme operator has paid the charge referred to in regulation 51(4);

(c)

the appropriate agency is satisfied that the information provided in accordance with regulation 51(2) satisfies regulation 51(6); and

(d)

the compliance scheme is approved by the appropriate agency,

and must otherwise be refused.

(2)

Where an application for registration of a compliance scheme is granted—

(a)

the appropriate agency must, within 28 days of its decision, serve on the scheme operator notice in writing of its decision; and

(b)

the compliance scheme is to be treated as registered from the date specified in the notice under sub-paragraph (a) until any cancellation of the scheme’s registration in accordance with regulation 54.

(3)

Where an application for registration of a compliance scheme is refused, the appropriate agency must, within 28 days of the decision to refuse the application, serve on the scheme operator notice in writing of that decision, setting out—

(a)

the reasons for the decision;

(b)

a statement as to the right of appeal under regulation 104(2)(d); and

(c)

a statement that operating a compliance scheme without complying with the requirement to register the compliance scheme under regulations 43(1)(b) and 51 is an offence under regulation 116(a).

(4)

Where an application for registration is refused on the grounds of failure to meet the requirements of regulation 51(2)(e), the scheme operator must make an application for approval of the compliance scheme in accordance with regulation 47 before making a further application for registration of the scheme under this regulation.