The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2005

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(a) in paragraph (1), sub-paragraph (b) is deleted;

(b) for paragraph (3) there is substituted - 

" The appropriate Agency shall notify him in writing of its decision under paragraph (2).";

(c) for paragraph (5) there is substituted - 

" Subject to regulation 21D, where accreditation is granted under paragraph (2), it shall take effect - 
(a) where the application is made in the preceding year to that in which the person wishes to be accredited - 


(i) from the 1st January where the decision to accredit was made before that date;

(ii) in all other cases, from the date of the decision,



and shall remain in force until the 31st December, in the year for which the person has applied to be accredited;

(b) where the application is made during the year in which the person wishes to be accredited, from the date of the decision, and shall remain in force until the 31st December, in the year for which the person has applied to be accredited.".

    (3) In paragraph 1 of Schedule 2A - 

(a) in subparagraphs (c)(i) and (d), for "year" there is substituted "period";

(b) in subparagraph (c)(ii), for "that for which he is accredited" there is substituted "the year in which his period of accreditation fell".

Elliot Morley
Minister of State Department for Environment, Food and Rural Affairs

15th March 2005

[2] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[3] S.I. 1997/648. Relevant amendments were made by S.I.s 2003/3238 (W 318) and 2003/3294 (and an identical amendment was made by S.S.I. 2003/613).back