# The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, Paragraph 1B: Revocation of appointment of a PRO


(1) The scheme administrator may, with the consent of the appropriate authorities, revoke the appointment of a PRO before the end of the appointment period if it appears to the scheme administrator that—
(a) the body has failed to meet one or more conditions of its appointment;
(b) the body has knowingly or recklessly supplied to the scheme administrator information which is false or is misleading in a material particular—
(i) in respect of its application for appointment as a PRO; or
(ii) in connection with the performance of its functions as a PRO;
(c) the body has been convicted of an offence involving financial impropriety or fraud;
(d) an insolvency event, within the meaning given in Schedule 2, has taken place in relation to the body;
(e) the body has become subject to a petition or application for winding-up, administration or receivership;
(f) the body is likely to be unable to comply with the conditions of its appointment, by reason of a change of circumstances which the body has notified to the scheme administrator;
(g) the body has, in relation to any activities which are regulated by the appropriate agency—
(i) failed to comply with a notice issued by the appropriate agency;
(ii) failed to pay any amount owed by it to the appropriate agency; or
(iii) had a civil sanction imposed on it by the appropriate agency, had an enforcement undertaking accepted by the appropriate agency, or been convicted of an offence upon prosecution by the appropriate agency.
(2) The scheme administrator—
(a) must revoke a body’s appointment as a PRO if the scheme administrator considers—
(i) that a mandatory exclusion ground set out in Schedule 6 to the Procurement Act 2023 (“the 2023 Act”) applies to the body or to a connected person; and
(ii) either—
(aa) the circumstances giving rise to the application of the exclusion ground are continuing or likely to occur again; or
(bb) the body, or a connected person, is on the debarment list under section 62 of the 2023 Act by virtue of a mandatory exclusion ground set out in Schedule 6 to that Act;
(b) may revoke a body’s appointment as a PRO if the scheme administrator considers—
(i) that a discretionary exclusion ground set out in Schedule 7 to the 2023 Act applies to the body or to a connected person; and
(ii) either—
(aa) the circumstances giving rise to the application of the exclusion ground are continuing or likely to occur again; or
(bb) the body, or a connected person, is on the debarment list under section 62 of the 2023 Act by virtue of a discretionary exclusion ground set out in Schedule 7 to that Act.
(3) If the scheme administrator proposes to revoke a body’s appointment as a PRO, it must first give the body a notice of its intention to do so (a “notice of intent”).
(4) A notice of intent must be in writing and must—
(a) state that the scheme administrator proposes to revoke the body’s appointment as a PRO, and the reasons why;
(b) specify the date on which it proposes that the revocation will take effect;
(c) state that the body may make representations in connection with the proposed revocation of its appointment;
(d) specify the form and manner in which, and date by which, any such representations must be made.
(5) The scheme administrator must consider any representations that are made in the specified form and manner and by the specified date.
(6) The scheme administrator must give the body notice in writing of its decision whether to revoke its appointment as a PRO and, where the decision is to revoke its appointment, the date on which the revocation will take effect.

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