Search Legislation

The Deposit and Return Scheme for Scotland Amendment Regulations 2023

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Explanatory Notes

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Deposit and Return Scheme for Scotland Amendment Regulations 2023. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Deposit and Return Scheme for Scotland Regulations 2020 (“the 2020 Regulations”) which make provision for the operation of a deposit and return scheme. These Regulations come into force on the day after the day on which they are made.

Regulation 2 defines the 2020 Regulations for the purposes of these Regulations.

Regulation 4 amends the date in regulation 1(5) of the 2020 Regulations (the date on which parts 2, 7 and 8, and certain provisions in Part 5, of the 2020 Regulations come into force).

Regulation 5 inserts a definition of a large retailer, a listed producer and a low volume drink product into regulation 2(1) of the 2020 Regulations and amends the definition of producer. Regulation 6 amends the definition of scheme article in the 2020 Regulations.

Regulation 7 inserts a new regulation 3A into the 2020 Regulations which prohibits the marketing or sale (including through online retail or vending machine sales to a consumer in Scotland) of a low volume drink product, unless the producer is listed or registered with SEPA. The seller must also inform the purchaser that the product is not a scheme article.

Regulation 8 amends regulation 5 of the 2020 Regulations so that the obligations there take effect from 1 March 2024. Regulation 9 amends the dates by which a producer must apply for registration under regulation 7 of the 2020 Regulations. Regulation 10 amends the dates from which a registration takes effect under regulation 8 of the 2020 Regulations. Regulation 11 is a consequential change to amend the reference to the registration date.

Regulation 12 amends regulation 19 of the 2020 Regulations to provide an exemption from operating a return point if the retailer sells ninety or more per cent of scheme articles for consumption on the premises of sale; a new requirement is placed on retailers exempt under regulation 19 to display information that the premises are exempt.

Regulation 13 amends regulation 20 of the 2020 Regulations to allow a return point operator to refuse the return of items of scheme packaging wholly or partly made of a particular material to ensure the return point operator is not at significant risk of being in breach of any legal obligation relating to food safety or health and safety. Regulation 14 inserts regulation 20A to require hospitality retailers to retain scheme packaging for collection by, or on behalf of, a producer or a scheme administrator.

Regulation 15 substitutes regulation 21 of the 2020 Regulations with a new regulation to require large retailers selling scheme articles by means of distance retail sales to provide a takeback service to consumers who meet certain criteria, to enable those consumers to return items of scheme packaging.

Regulation 16 amends regulation 26 to add a right of appeal to the Scottish Ministers if SEPA refuses an application for listing of a producer of a low volume drink product.

Regulation 17 inserts new offences into regulation 31 of the 2020 Regulations in relation to the new obligations contained in regulations 3A(1) and (3), 19(3) and (4), 20(5)(d), 20A, 21(3), (5)(a) and (b), (8) and (10), and paragraphs 5 to 8 and 14(c), (d), (f) and (g) of schedule 5 of the 2020 Regulations (as either inserted or amended by these Regulations).

Regulation 18 amends the date by which the 2020 Regulations must be reviewed.

Regulation 19 amends schedule 1 to allow registered producers to provide information to SEPA in relation to low volume drink products.

Regulation 20 amends paragraph 1 of schedule 3 so that the collection target of the first full year of the scheme is 80% and the target for subsequent years is 90%.

Regulation 21 inserts a new schedule 5 to make provision in relation to low volume drink products.

Regulation 22 makes transitional provision for applications for producer registration received by SEPA before the coming into force of these Regulations.

An update to the Business Regulatory Impact Assessment will be published by the Scottish Government online at gov.scot.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources