# The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, Regulation 59: Power to direct the scheme administrator


(1) Where paragraph (3) applies, the appropriate authorities may, acting jointly, direct the scheme administrator—
(a) to take the action specified in the direction; or
(b) to refrain from taking the action specified in the direction.
(2) Where paragraphs (3) and (4) apply, a single appropriate authority may direct the scheme administrator—
(a) to take the action specified in the direction; or
(b) to refrain from taking the action specified in the direction.
(3) This paragraph applies if—
(a) the scheme administrator is acting, proposing to act, or failing to act; and
(b) in the opinion of each of the appropriate authorities who are issuing the direction, that action or failure to act is likely to have an adverse impact on the environmental effects which the extended producer responsibility for packaging policy is intended to achieve, as set out in a statement under regulation 127.
(4) This paragraph applies if—
(a) the direction relates solely to the performance by the scheme administrator of its functions in the nation of the United Kingdom for which the authority giving the direction is the appropriate authority; and
(b) the direction does not concern any matter outside the competence of the appropriate authority in question.
(5) The appropriate authorities may not issue a direction to the scheme administrator under paragraph (1) or (2) unless—
(a) the statement required under regulation 127 has been published; and
(b) the appropriate authorities issuing the direction have consulted the scheme administrator on the terms of the proposed direction.
(6) A direction given under paragraph (1) or (2) must—
(a) explain why the appropriate authorities consider that the conditions in paragraph (3) and, where applicable, paragraph (4) are satisfied;
(b) specify what action the scheme administrator is to take, or to refrain from taking;
(c) give the reasons for requiring the scheme administrator to take, or refrain from taking, the action specified in the direction.
(7) The scheme administrator must comply with any direction given under this regulation.
(8) A copy of a direction given under paragraph (1) or (2) must be published by the appropriate authorities.
(9) In paragraph (3)(b), “the extended producer responsibility for packaging policy” means the policy of imposing extended responsibility on producers in relation to packaging and packaging waste, including the imposition of liability on producers to pay disposal fees.

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Source: https://www.legislation.gov.uk/ukdsi/2024/9780348264654/regulation/59 (the official version)
Page: https://openlegislation.uk/draft-producer-responsibility-obligations-packaging-and-packaging-waste-regulations-2024/regulation-59
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.