PART 3OBLIGATIONS OF BATTERY COMPLIANCE SCHEMES AND REGISTRATION OF PRODUCERS OF PORTABLE BATTERIES

Duty of the appropriate authority to determine and notify scheme operator’s aggregate share of costs

20.—(1) This regulation applies in respect of each battery compliance scheme.

(2) The appropriate authority must—

(a)determine the aggregate share for which each scheme operator is responsible, being the sum of the shares of all scheme members calculated in accordance with regulation 8;

(b)notify each scheme operator of that share on or before 31st March in the year following the relevant compliance period.

(3) In making its determination, the appropriate authority must—

(a)take account of any information provided to it under regulation 23; and

(b)make a reasonable estimate of—

(i)the quantity in tonnes of portable batteries placed on the market in the United Kingdom by scheme members during 2009 but before the coming into force of these Regulations; and

(ii)any information which should have been provided under that regulation but was not.

(4) A notification must include the following information—

(a)the compliance period to which it relates;

(b)the aggregate share determined by the authority;

(c)details of how that share has been determined in accordance with the method set out in regulation 8 and paragraph (2)(a) of this regulation, including details of any information which was estimated;

(d)a statement that the scheme operator may make representations in writing to the appropriate authority in respect of the determination within 14 days of the notification.

(5) The appropriate authority must—

(a)consider any representation made under paragraph (4)(d);

(b)confirm or amend the aggregate share determined by it;

(c)notify its decision and the reasons for it in writing to the scheme operator within 14 days of receiving the representations.