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Paragraph 5 Effect of group registration: producer responsibility obligations

Original text. Later amendments are not shown.

(1)

Where there is a group registration—

(a)

the relevant group members in the group registration, other than the holding company, are exempt from complying with their obligations under paragraph (1)(a), (c) and (d), paragraph (2) and paragraph (3)(a) and (c) of regulation 25 for the relevant year;

(b)

the holding company, whether or not it is a producer, must comply with the obligations in paragraph (1)(c) and (d) and paragraph (3)(a) and (c) of regulation 25 which each relevant group member in the group registration that is a producer would have had, but for paragraph (a);

(c)

the holding company and a subsidiary registered as part of the group registration must both keep—

(i)

the records specified in relation to the subsidiary in regulation 34(1), in accordance with regulation 34(2); and

(ii)

records of any assessments carried out of the recyclability of the packaging which the subsidiary supplies, in accordance with regulation 34(5).

(2)

Where, under paragraph 2, each relevant group member in a group registration is a large producer—

(a)

the holding company has recycling obligations for the relevant year which are the aggregate of the recycling obligations which each relevant group member in the group registration would have had but for the group registration; and

(b)

the holding company must provide to the appropriate agency a certificate of compliance in accordance with regulation 41 in relation to those recycling obligations.

(3)

For the purposes of sub-paragraph (1)(b), regulation 39 applies in relation to reports made by the holding company, with the modifications that—

(a)

the report must be verified by the signature of the approved person of the holding company; and

(b)

the references to a producer in paragraph (3) are to be treated as references to the holding company.

(4)

For the purposes of sub-paragraph (2)(a), regulation 40 applies with the modifications that references to a large producer are to be treated as references to the holding company.