Regulation 9 Recovery of commission

The rights referred to in regulation 5(j) are the right to retain, after termination of an agreement referred to in regulation 4 or any agreement made thereunder, any commission paid to the participant under a trading scheme unless–

(a)

the commission was paid in respect of goods returned to the promoter or another participant who paid the commission;

(b)

the promoter has refunded all monies due to the participant under the agreement referred to in regulation 4 in respect of goods returned to him by the participant;

(c)

the commission payment is claimed within 120 days of the date of having been made; and

(d)

the promoter has entered into an agreement with the participant that complies with the requirements in regulation 5 and that agreement and any subsequent agreement contains a statement describing when commission becomes payable to the promoter and the terms upon which recovery of that payment may be made; and

(e)

the promoter recovers the commission payment in accordance with the terms referred to in paragraph (d) above.