PUBLIC HEALTH PART 1 GENERAL Citation and commencement 1 1 These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 and shall come into operation on 5 th April 2007. 2 The Interpretation Act ( NI ) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly. Interpretation and notices 2 1 In these Regulations— ... “the Department” means the Department of the Environment; “the Packaging Waste Directive” means Council Directive 94/62/EC on packaging and packaging waste as last amended by Directive (EU) 2018/852 ; , and as read in accordance with regulation 2A ... “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and as read in accordance with regulation 2B ; “ the Order ” means the Producer Responsibility Obligations (Northern Ireland) Order 2 In these Regulations— “accredited exporter” means an operator who is accredited by the Department under regulation 24 ; “accredited reprocessor” means a reprocessor who is accredited by the Department under regulation 24; ... “ appropriate authority ” means the Department of Agriculture, Environment and Rural Affairs”; and ... ... ... “disposal” means any of the operations listed in Schedule 1A; ... “exporter” means a person who, in the ordinary course of conduct of a trade, occupation or profession, owns and exports packaging waste for reprocessing outside the United Kingdom; ... “grouped packaging or secondary packaging” means packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale if it can be removed from the product without affecting its characteristics; “ local authority ” means a district council established under section 1 of the Local Government Act (Northern Ireland) 1972; ... ... ... “packaging” means all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods from raw materials to processed goods from the producer to the user or consumer; non-returnable items for the same purpose shall also be considered to constitute packaging if it consists only of— sales packaging or primary packaging; grouped packaging or secondary packaging; transport packaging or tertiary packaging; The definition shall be further based on the following criteria— the products fill the functions mentioned above without prejudice to other functions which the packaging might also perform, unless the item is an integral part of a product and it is necessary to contain, support or preserve that product throughout its lifetime and all elements are intended to be used, consumed or disposed of together; the products are designed and intended to be refilled at the point of sale and disposable items sold, filled or designed or intended to be filled at the point of sale, if they fulfil a packaging function; the products are packaging components or ancillary elements integrated into packaging; “packaging materials” means materials used in the manufacture of packaging and includes raw materials and processed materials prior to their conversion into packaging; “packaging waste” means any packaging or packaging material being any substance or object falling within the categories mentioned in Schedule 1B which the holder discards or intends or is required to discard; “partnership” has the meaning given in section 1 of the Partnership Act 1890 ; “ PERN ” means a packaging waste export recycling note issued by an accredited exporter on a form supplied to him by the Department, as evidence of the export of the tonnage of packaging waste specified in the note for the reprocessing outside the United Kingdom; ... “ PRN ” means a packaging waste recycling note issued by an accredited reprocessor on a form supplied to him by the Department, as evidence of the receipt of the tonnage of packaging waste specified in the note for reprocessing within the United Kingdom; “producer” has the meaning given in regulation 4 and the classes of producer are those set out in column 4 of Table 1 in Schedule 1; ... “recovery” means any operation the principal result of which is the waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared for that function, in the plant or in the wider economy. Annex II to the Waste Directive sets out a non-exhaustive list of recovery operations; ... “recyclable material” means— glass; aluminium; steel; paper/board; plastic; or wood, and packaging materials composed of a combination of any of those materials are to be treated as made of the material which is predominant by weight; “recycling” has the meaning given to it in Article 3 of the Waste Directive; ... “relevant authorisation” means— a permit granted under regulation 10 of The Pollution Prevention and Control Regulations (Northern Ireland) 2003 ; an authorisation granted under Article 6 of the Industrial Pollution Control (Northern Ireland) Order 1997 (repealed by the Environment (Northern Ireland) Order 2002 ); a waste management licence granted under Article 6 of The Waste and contaminated Land (Northern Ireland) Order 1997; an exemption registered under regulation 17 of The Waste Management Licensing Regulations (Northern Ireland) 2003 . ... ... “reprocessor” means a person who, in the ordinary course of conduct of a trade, occupation or profession, carries out one or more activities of recovery or recycling, and “reprocessing” shall be construed accordingly; “re-use” means any operation by which packaging, which has been conceived or designed to accomplish within its life cycle a minimum number of trips or rotations, is refilled or used for the same purpose for which it was conceived, with or without the support of auxiliary products present on the market enabling the packaging to be refilled, such re-used packaging will become packaging no longer subject to re-use; “sales packaging or primary packaging” means packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase; “scheme” means a scheme which is (or, if it were to be registered in accordance with these Regulations would be) a scheme whose members for the time being are, by virtue of these Regulations and their membership of that scheme, exempt from the requirement to comply with their producer responsibility obligations and “registered scheme” means a scheme which is registered with the Department in accordance with these Regulations; ... ... “transit packaging” means grouped packaging or secondary packaging or transport packaging or tertiary packaging; “transport packaging or tertiary packaging” means packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packaging in order to prevent physical handling or transport damage. Transport packaging shall not include road, rail, ship and air containers; ... “year” means a calendar year beginning on 1 st January. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In these Regulations— a any document which is to be provided or given to any person may be provided or given to that person in electronic form if the text is capable of being produced by that person in a visible and legible documentary form; b any requirement to make, keep or retain a record or to maintain a register may be satisfied in electronic form if the text is capable of being produced by that person in a visible and legible documentary form; c any requirement for a signature may be satisfied by an electronic signature incorporated into the document; and d “electronic signature” means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication. Modifications to the Packaging Waste Directive 2A 1 For the purposes of these Regulations, the Packaging Waste Directive is to be read in accordance with this regulation. 2 A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority or local authority which, immediately before IP completion day , was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in Northern Ireland. 3 Article 3 is to be read as if–– a in paragraph 2, for the words “Article 3 of Directive 2008/98/EC ” there were substituted “Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive; b in paragraph 2c, for the words “ Directive 2008/98/EC ” there were substituted “the Waste Directive”. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Modifications to the Waste Directive 2B 1 For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation. 2 A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority or local authority which, immediately before IP completion day , was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in Northern Ireland. 3 Article 5 is to read as if–– a in paragraph 1, the words “Member States shall take appropriate measures to ensure that” were omitted; b after paragraph 1 there were inserted— 1A Any decision as to whether a substance or object is a by-product must be made— a in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and b having regard to any guidance published by the appropriate authority for the purposes of this Article. ; c paragraphs 2 and 3 were omitted. 4 Article 6 is to be read as if–– a in paragraph 1, the words “Member States shall take appropriate measures to ensure that” were omitted; b after paragraph 1 there were inserted— 1A Any decision as to whether a substance or object has ceased to be waste must be made— a in accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and b having regard to any guidance published by the appropriate authority for the purposes of this Article. ; c in paragraph 2–– i the first sub-paragraph were omitted; ii in the second subparagraph, for the words “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”; iii the third and fourth subparagraphs were omitted; d paragraph 3 were omitted; e in paragraph 4–– i in the first sub-paragraph–– aa in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate authority”; bb the second sentence were omitted; ii in the second sub-paragraph— aa for the words “Member States” there were substituted “The appropriate authority”; bb “by competent authorities” were omitted. Exclusion of charities from producer responsibility obligations 3 Parts II, III and IV of these Regulations do not apply to a charity within the meaning given in section 506 of the Income and Corporation Taxes Act 1988 . PART 2 PRODUCERS AND OBLIGATIONS Producers and producer responsibility obligations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Producers and Scheme membership 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 REGISTRATION: PRODUCERS AND SCHEMES Producer registration obligation 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for producer registration 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of registration of a producer 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms and fees for producer registration 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal to register producers 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation of registration of producers 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schemes: general provisions 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for approval of a scheme 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of approval of a scheme 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal to grant approval of a scheme 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Withdrawal of approval of a scheme 13C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for registration of a scheme 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of registration of a scheme 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of change of membership 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms and fees for registration of a scheme 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal to register a scheme 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation of registration of a scheme 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information provided to scheme operators 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 RECORDS, RETURNS AND CERTIFICATE Producers – records and returns 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Producers – certifying obligation 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schemes – records and returns 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of winding-up, receivership, administration, etc. 22A 1 This regulation applies to any person who is— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c a reprocessor or an exporter accredited in accordance with Part 5 (accreditation of reprocessors and exporters). 2 A company or limited liability partnership to which this regulation applies shall inform the Department as soon as is practicable upon becoming aware that one or more relevant circumstances apply or are about to apply to them. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 For the purpose of this regulation the “relevant circumstances” are— a a winding-up order has been made or a resolution for voluntary winding-up has been passed; b a determination for a voluntary winding-up has been made; c a receiver or a manager of its undertaking has been duly appointed; d its undertaking has entered administration; e a voluntary arrangement proposed for the purposes of Part II of the Insolvency (Northern Ireland) Order 1989 has been approved under that Part of the Order. PART 5 ACCREDITATION OF REPROCESSORS AND EXPORTERS Requirement for accreditation 23 1 A person shall not issue a PRN unless he is at the time of the issue an accredited reprocessor or, where the PRN is of the type referred to in paragraph (6) of regulation 4 or paragraph (4) of regulation 12 was accredited at the time the material was received, and the PRN relates to packaging waste received by him for reprocessing on the site for which he is accredited. 2 A person shall not issue a PERN unless he is at the time of the issue an accredited exporter or, where the PERN is of the type referred to in paragraph (6) of regulation 4 or paragraph (4) of regulation 12 was accredited at the time the material was received, and the PERN relates to an export of packaging waste for reprocessing for which he is accredited under regulation 24. Application for accreditation 24 1 An application for accreditation shall be made to the Department— a in the case of a person wishing to be accredited— i as a reprocessor in respect of each site for which he wishes to be accredited and stating which of the applicable recycling operations and which recyclable materials he wishes that accreditation to cover; or ii as an exporter, in respect of the export of one or more recyclable materials for reprocessing outside the United Kingdom; b on a form made available by the Department and including all the information specified on that form, being information which the Department reasonably requires in order to determine the application; c accompanied by a business plan containing information on how the funds acquired from the issue of PRNs or PERNs are to be applied including information in respect of the following matters— i investment in infrastructure and the development of capacity for the collection, sorting, treatment and reprocessing of packaging waste; ii funding provided to other persons involved in the collection of packaging waste; iii reductions in the prices of, and the development of new markets for, materials or goods made from recycled packaging waste; iv the costs of complying with obligations in these Regulations; v funds retained for future investment; vi the development of a communications strategy for consumers of packaging made from recyclable materials; and d accompanied by a fee of— i in the case of an applicant who undertakes to issue PRNs or PERNs for not more than 400 tonnes of packaging waste in the year to which the application relates, £505; or ii in any other case, £2616. 2 An application for accreditation as— a A reprocessor to issue PRNs for the receipt of one or more specified recyclable materials at a specified site and for reprocessing in one or more specified recycling operations or a combination of such operations; or b an exporter, to issue PERNs for the export of one or more specified recyclable materials for reprocessing in one or more recycling operations outside the United Kingdom, or a combination of such operations, shall be granted where the Department is satisfied as to the matters set out in paragraph (3) below or, in any other case, shall be refused. 3 The matters referred to in paragraph (2) are— a the contents of the business plan referred to in paragraph (1)(c) above; b i where the application is made for accreditation as an exporter and relates to one or more reprocessing sites outside the United Kingdom or a Member State , that the requirements of any recovery or recycling operations taking place in each such site take place under conditions that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom ii where the application is made for accreditation as an exporter and relates to one or more reprocessing sites outside the United Kingdom or a Member State , but it is not possible for the applicant at the time of the application to specify the site or sites to which the export of one or more specified recyclable materials for reprocessing is taking place, that the requirements applicable to the shipment of waste from the United Kingdom are met in respect of each such export; c that the application has been duly made in accordance with paragraph (1) above; and. d the reprocessor or exporter will comply with the conditions specified in and under Schedule 5. 4 The Department shall notify the applicant in writing of its decision under paragraph (2) no later than 12 weeks after the application was made and, if the decision is a decision to refuse accreditation, such notification shall include reasons for the decision and a statement of the right of appeal under regulation 27(3)(a). 5 Subject to regulation 26, 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 1 st January where the decision to accredit was made before that date; and ii in all other cases, from the date of the decision, and shall remain in force until 31 st 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 31 st December in that year. 6 Where a reprocessor or exporter who has given the undertaking and paid the fee specified in paragraph (1)(d)(i) subsequently breaches that undertaking, he shall from the date of that breach be liable to pay to the Department the sum of £2,111 (being the balance of the fee which would have been payable under paragraph (1)(d)(ii) had the undertaking not been given) within 28 days of the breach . 7 An application to extend the accreditation of an exporter to include a further reprocessing site or sites to which they want to export packaging waste for reprocessing shall be made to the Department on the form specified in paragraph (1) and be accompanied by a fee of— a £85 for the first form submitted as part of the application; and b £35 for each additional form submitted as part of the application. 8 An application to extend an exporters accreditation to include a further reprocessing site or sites located within a Member State shall be granted by the Department where it is satisfied that the application has been made in accordance with paragraph (7) above, and in any other case be refused. 9 An application to extend an exporter’s accreditation to include a further reprocessing site or sites located outside United Kingdom or a Member State shall be granted by the Department where it is satisfied that each of those sites meets conditions that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom and is satisfied that the application was made in accordance with paragraph (7) above, and in any other case be refused. Conditions of accreditation 25 An accredited reprocessor or exporter shall comply with the conditions specified in and under Schedule 5. Suspension and cancellation of accreditation 26 1 The Department may suspend or cancel the accreditation of a reprocessor or exporter where it appears to it that— a the person who is accredited has failed to comply with any of the conditions specified in or under Schedule 5; or b the person who is accredited has knowingly or recklessly supplied false information in his application for accreditation made under regulation 24 or in connection with compliance with any of the conditions specified in or under Schedule 5. 2 Where the appropriate authority has granted an accreditation to an exporter, and is no longer satisfied that the requirements in regulation 24(3)(b) or (9), which applied to that grant of accreditation, are met in relation to the export of one or more specified recyclable materials for reprocessing at one or more reprocessing sites outside the United Kingdom, the appropriate authority shall cancel the accreditation of an exporter to the extent that it relates to any such export which does not meet those requirements. 3 Where the Department suspends or cancels an accreditation under paragraph (1) or cancels the accreditation of an exporter to pursuant to paragraph (2), it shall serve on the reprocessor or exporter concerned written notice of— a its decision to cancel or suspend (as the case may be) the accreditation; b the reasons for the decision c the right of appeal under Part 6; d the date when the cancellation or suspension will take effect, not being earlier than the date of receipt of the notice; and e in the case of a suspension, the period of the suspension or any steps which are required to be taken in order to bring the suspension to an end. 4 The accreditation of a reprocessor or exporter shall be deemed to be cancelled— a On the date on which either of the following occurs— i the person who is accredited ceases to be the holder of a relevant authorisation; or ii the person who is accredited ceases to be a reprocessor or exporter; or b in a case where the person who is accredited requests that his accreditation should be cancelled, with effect from the date for cancellation specified by that person. PART 6 APPEALS Right of appeal 27 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A reprocessor or exporter may appeal to the Planning Appeals Committee against a decision of the Department— a to refuse accreditation under regulation 24; b to specify a condition pursuant to paragraph 1(q)(iii) of Schedule 5; or c to cancel or suspend accreditation under regulation 26. Procedure on appeals 28 1 Where an appeal is made to the Planning Appeals Committee it may— a appoint any person to exercise on its behalf, with or without payment, the function of determining the appeal; or b refer any matter involved in the appeal to such person as the Department may appoint for the purpose, with or without payment. 2 If the appellant so requests, or the Department so decides, the appeal shall be or continue in the form of a hearing. 3 Schedule 6 shall have effect with respect to the procedures on any such appeal. Determination of appeals 29 Where, on such an appeal, the Planning Appeals Commission determines that the decision of then Department shall be altered it shall be the duty of the Department to give effect to the determination. Status pending appeal 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7 POWERS AND DUTIES OF THE DEPARTMENT Monitoring 31 1 The Department shall monitor in accordance with this regulation— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d compliance by persons who are accredited reprocessors or exporters with the conditions specified in or under Schedule 5 . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 For the purposes of the discharge of its functions under these Regulations, the Department may, by notice in writing served on— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c any person who is, or who the Department has reason to believe is, issuing PERNs or PRNs; d any person who is engaged in trading in, or brokerage in relation to, PERNs or PRNs; or e any accredited reprocessor or exporter, require him to maintain such records, and furnish such returns to the Department, of such information specified in the notice as the Department reasonably considers it needs for those purposes, in such form and within such period following service of the notice, or at such time, as is so specified. Monitoring – publication 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public register 33 1 The Department shall maintain and make available in accordance with this regulation a register relating to— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b the reprocessors and exporters accredited by it in accordance with Part 5, and containing the relevant information prescribed in Schedule 7. 2 The Department shall— a secure that the register is open for inspection at its principal office by members of the public free of charge at all reasonable working hours; and b permit members of the public to obtain copies of entries in the register on payment of reasonable charges. 3 The register may be kept in any form but shall be indexed and arranged so that members of the public can readily trace information contained in it. 4 The Department shall amend the relevant entry in the register to record any change to the information entered within 5 days of receipt of the information .... 5 Nothing in this regulation shall require a register maintained by the Department to contain information relating to, or to anything which is the subject-matter of, any criminal proceedings (including prospective proceedings) at any time before those proceedings are finally disposed of. 6 Nothing in this regulation shall require a register maintained by the Department to contain any information which has been superseded by later information after 4 years have elapsed from that later information being entered in the register. Approved persons 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation of approved persons’ functions: procedure 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry and inspection 35 1 An authorised person may exercise the powers referred to in paragraph (2) below. 2 The powers of entry and inspection are— a to enter at any reasonable time any premises which he has reason to believe it is necessary for him to enter; b to make such examination and investigation as may in any circumstances be necessary; c as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (b); d to take such photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (b); e to take samples, or cause samples to be taken, of any records and packaging and packaging materials found in or on any premises which he has power to enter; ... f in the case of any such records and packaging and packaging materials as are mentioned in paragraph (e), to take possession of them and detain them for so long as is necessary for all or any of the following purposes, namely— i to examine them, or cause them to be examined, and to do, or cause to be done, to them anything which he has power to do ... under that paragraph, ii to ensure that they are not tampered with before examination of them is completed, iii to ensure that they are available for use as evidence in any proceedings for an offence under regulation 40; g to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (b) to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers; h to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any record and return— i which are required to be kept and provided to the Department under regulation 25 , or ii which it is necessary for him to see for the purposes of an examination or investigation under paragraph (b), and to inspect and take copies of, or of any entry in, the records and returns; and i to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this regulation. 3 In any case where it is proposed to enter any premises used for residential purposes, any entry shall only be effected— a after the expiration of at least seven day’s notice of the proposed entry given to a person who appears to the authorised person to be in occupation of the premises in question; and b either— i with the consent of a person who is in occupation of those premises, or ii when a lay magistrate by warrant under his hand authorises the authorised person to enter the premises in question. 4 Where it is shown to the satisfaction of a lay magistrate on complaint on oath that an authorised person proposes to enter any premises and— a entry has been refused and he apprehends on reasonable grounds that the use of force may be necessary to effect entry; or b he apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry; an entry on to those premises shall only be effected under the authority of a warrant by virtue of Schedule 8. 5 No answer given by a person in pursuance of a requirement imposed under paragraph (2)(g) shall be admissible in evidence in Northern Ireland against that person in any proceedings. 6 Nothing in this regulation shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court. 7 In this regulation “authorised person” means a person who is authorised in writing by the Department for the purposes of its functions under these Regulations and “warrant” means a warrant under the provisions set out in Schedule 8 as applied by paragraph (4). Provision of information to the Department 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8 GROUPS OF COMPANIES, PUB OPERATING BUSINESSES AND LICENSORS AND MID-YEAR CHANGES Packaging handled by groups of companies 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Packaging handled by licensors and pub operating businesses 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mid-year changes 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 9 OFFENCES Offences and penalties 40 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A person who contravenes a requirement of regulation 23 or who is in breach of either of the conditions specified in paragraph 1(a) or 1(d) of Schedule 5 is guilty of an offence. 5 A person who furnishes any information to the Department in connection with its functions under these Regulations ... shall be guilty of an offence if, in furnishing the information, he— a knows the information to be false or misleading in a material particular; or b furnishes such information recklessly and it is false or misleading in a material particular. 6 A person who fails without reasonable excuse to comply with any requirement imposed in a notice under regulation 31(3) shall be guilty of an offence. 7 A person who intentionally delays or obstructs a person authorised by the Department in the exercise of powers referred to in regulation 35 is guilty of an offence. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 A person guilty of an offence under any of paragraphs (1) to (7) above shall be liable— a on summary conviction to a fine not exceeding the statutory maximum; or b on conviction on indictment, to a fine. PART 10 REVOCATION AND TRANSITIONAL PROVISION Revocation and transitional provision 41 1 The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2006 (a) are revoked. 2 Any step taken before commencement of these Regulations which has effect under any provision of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2006 shall be treated on or after commencement as having effect under any equivalent provision of these Regulations. 3 Where the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2006 specified a time period and part of that period had elapsed under those Regulations before revocation of those Regulations, that part of the period shall be treated on commencement as having elapsed under the equivalent provision of these Regulations. Sealed with the Official Seal of the Department of the Environment on 23rd March 2007 Wesley Shannon A senior officer of the Department of the Environment