Regulation 87 Determination of registration applications

(1)

An application for registration as a reprocessor or an exporter must be determined by the appropriate agency before the end of a period of 12 weeks starting with—

(a)

the day on which an application in accordance with regulation 85(4) or 86(4) is submitted to the appropriate agency; or

(b)

if later, the day on which it receives payment of the charge payable for the application under regulation 85(5) or 86(5).

(2)

The appropriate agency may require the applicant to amend the arrangements described in its sampling and inspection plan as a condition of granting registration.

(3)

Subject to paragraph (4), an application for registration must be granted where—

(a)

the applicant has complied with regulation 85(4) to (6) or regulation 86(4) to (6), as applicable;

(b)

the appropriate agency is satisfied that the applicant holds all relevant authorisations; and

(c)

the appropriate agency approves the arrangements proposed in the sampling and inspection plan,

and must otherwise be refused.

(4)

The appropriate agency may refuse an application for registration under this regulation if the agency considers, on reasonable grounds, that the applicant has supplied information in, or in relation to, the application which is false or misleading in a material particular.

(5)

When an application for registration has been determined—

(a)

the appropriate agency must serve on the applicant notice in writing of its decision within 28 days of the day on which it is made; and

(b)

if the application has been refused, the notice must include—

(i)

the reasons for the refusal; and

(ii)

the right of appeal under regulation 104(3)(a).

(6)

The appropriate agency may require the applicant to pay the charge in paragraph 5(2) of Schedule 1, if the arrangements described in the applicant’s sampling and inspection plan are changed before registration, whether at the request of the appropriate agency or otherwise.