# The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, Paragraph 1A: Appointment of a PRO: supplementary


(1) The scheme administrator may only appoint a body as a PRO if the scheme administrator is satisfied that the body—
(a) is a not-for-profit body corporate but is not a charity; and
(b) is suitable for appointment as a PRO, taking into account—
(i) the level of support for the body’s appointment among persons appearing to the scheme administrator to represent the interests of producers and other persons likely to be affected by the appointment;
(ii) the extent to which the conferral on the body of the functions which the scheme administrator proposes to appoint it to perform would provide value for money;
(iii) if the body, or another body under the management or control of the same persons, has previously been appointed as a PRO, its performance of the functions conferred on it under any previous appointment; and
(iv) such other matters as the scheme administrator considers relevant, having regard in particular to the nature of the functions which it is proposed to confer on the PRO.
(2) The appointment of a PRO—
(a) must be for a specified period (“the appointment period”); and
(b) continues until the end of the appointment period unless revoked under paragraph 1B, even if the person appointing the PRO ceases to be the scheme administrator before the end of that period.
(3) The appointment of a PRO may, subject to sub-paragraph (4), be subject to such conditions (if any) as the scheme administrator considers appropriate.
(4) But the appointment of a PRO may not give the scheme administrator power to direct the PRO in relation to the performance of functions conferred on the PRO under the appointment.
(5) The scheme administrator may, with the consent of the appropriate authorities—
(a) extend a body’s appointment as a PRO; or
(b) vary a body’s appointment as a PRO by conferring additional functions on the body or by removing functions from the body.
(6) The scheme administrator may, with the consent of the appropriate authorities and the agreement of the PRO, by notice in writing vary or revoke any condition to which a PRO is subject.
(7) In sub-paragraph (1), a “not-for-profit body corporate” means a body corporate which uses money earned by, or donated to, that body corporate solely to pursue its objectives and which does not distribute income to its members, directors or officers except for reasonable remuneration for goods or services supplied to that body.

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Source: https://www.legislation.gov.uk/uksi/2024/1332/schedule/7/paragraph/1A (the official version)
Page: https://openlegislation.uk/producer-responsibility-obligations-packaging-and-packaging-waste-regulations-2024/schedule-7/paragraph-1A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.