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The Packaging Waste (Data Reporting) (Scotland) Regulations 2023
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- Scottish Statutory Instruments
- 2023 No. 7
- PART 1
- Regulation 10
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SupplyS
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10.—(1) In these Regulations, a person “supplies” packaging or packaging materials if that person does any of the following, either themselves or through an agent acting on their behalf, in relation to packaging or packaging materials owned by that person—
(a)selling, hiring out or lending,
(b)providing in exchange for any consideration other than money,
(c)providing in or in connection with the performance of any statutory function,
(d)giving as a prize or otherwise making a gift.
[F1(1A) In these Regulations—
(a)a first UK owner is to be treated as “supplying” any packaging which—
(i)has not been supplied, within the meaning of these Regulations, before coming into the ownership of the first UK owner, and
(ii)is discarded by the first UK owner in the United Kingdom,
(b)an importer is to be treated as “supplying” packaging or packaging materials which the importer imports into and discards in the United Kingdom,]
F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where the packaging is branded packaging, F3... the brand owner is to be treated for the purposes of these Regulations as supplying that packaging even if the brand owner does not do any of the actions listed in paragraph (1) in relation to the packaging.
(4) Paragraph (3) does not apply in relation to—
(a)any packaging which is imported into the United Kingdom by—
(i)an importer, unless the importer is acting as an agent for the brand owner,
(ii)an online [F4marketplace] operator,
(b)any reusable packaging supplied by a service provider.
Textual Amendments
F1Reg. 10(1A) substituted (1.4.2024) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 9(a) (with reg. 18)
F2Reg. 10(2) omitted (1.4.2024) by virtue of The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 9(b) (with reg. 18)
F3Words in reg. 10(3) omitted (30.6.2023) by virtue of The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/160), regs. 1, 6(c)
F4Word in reg. 10(4)(a)(ii) substituted (30.6.2023) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/160), regs. 1, 6(d)
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