9(1)Before making regulations under this Part of this Schedule the relevant national authority must be satisfied that—
(a)making the regulations would be likely to achieve one or more of the purposes in paragraph 1(2);
(b)making the regulations would produce environmental or economic benefits;
(c)those benefits are significant as against the likely costs resulting from the imposition of the producer responsibility obligations;
(d)the burdens imposed on businesses by the regulations are the minimum necessary to secure those benefits;
(e)those burdens are imposed on the persons most able to make a contribution to securing those benefits—
(i)having regard to the desirability of acting fairly between persons who manufacture, process, distribute or supply products or materials, and
(ii)taking account of the need to ensure that the proposed producer responsibility obligation is so framed as to be effective in achieving the purposes for which it is imposed.
(2)Nothing in sub-paragraph (1)(e)(i) prevents regulations imposing a producer responsibility obligation on any class or description of person to the exclusion of any others.
(3)Sub-paragraph (1) does not apply to regulations for the implementation of an international agreement to which the United Kingdom is a party.
Commencement Information
I1Sch. 4 para. 9 not in force at Royal Assent, see s. 147(3)-(6)
I2Sch. 4 para. 9 in force at 24.1.2022 for E. by S.I. 2022/48, reg. 2(q)
I3Sch. 4 para. 9 in force at 28.2.2022 for N.I. by S.R. 2022/54, art. 2(1)(b)
I4Sch. 4 para. 9 in force at 7.3.2022 for W. by S.I. 2022/223, regs. 1(2), 2(d)
I5Sch. 4 para. 9 in force at 9.11.2022 for S. by S.S.I. 2022/305, reg. 2(c)