The Deposit and Return Scheme for Scotland Regulations 2020

1. Introductory Text

2. PART 1 General

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Scheme articles and scheme packaging

   4. 3A. Low volume drink products

3. PART 2 The deposit and return scheme

   1. 4. Sale of articles

   2. 5. Obligations relating to charging deposits and marketing, offering for sale or selling articles

4. PART 3 Producers

   1. CHAPTER 1 Definition of a producer

      1. 6. Producers

   2. CHAPTER 2 Registration of a producer

      1. 7. Application for registration of a producer

      2. 8. Producer registration

      3. 9. Cancellation of registration of producers

   3. CHAPTER 3 Producer Obligations

      1. 10. Producer obligations: general

      2. 11. Producer obligations: further provision

      3. 12. Producer obligations: producers registered through a scheme administrator

5. PART 4 Scheme administrator

   1. 13. Scheme administrator

   2. 14. Application for approval of a scheme administrator

   3. 15. Approval of scheme administrator

   4. 16. Obligations of a scheme administrator

   5. 17. Withdrawal of approval of a scheme administrator

6. PART 5 Retailers and return points

   1. CHAPTER 1 Retailers

      1. 18. Retailers

      2. 19. Retailer obligations

   2. CHAPTER 2 Return of scheme packaging

      1. 20. Return points

      2. 20A. Hospitality retailers

      3. 21. Takeback services

   3. CHAPTER 3 Exemptions for return points

      1. 22. Exemptions for return points

      2. 23. Revocation of an exemption for a return point

      3. 24. Application for exemption of a return point

   4. CHAPTER 4 Voluntary return point operators

      1. 25. Voluntary return point operators

7. PART 6 Appeals or reviews

   1. 26. Right of appeal or review

   2. 27. Procedure

   3. 28. Determination of appeals

   4. 29. Status pending appeal

8. PART 7 Enforcement and offences

   1. 30. Enforcement authority

   2. 31. Offences

9. PART 8 Review of these Regulations

   1. 32. Duty to review these Regulations

10. Signature

11. SCHEDULES

    1. SCHEDULE 1

       Producer Registration: Information to be contained in an application for producer registration

       1. 1. The name (including business name) of the producer.

       2. 2. The address and telephone number of the registered or principal...

       3. 3. The company registration number as kept by Companies House.

       4. 4. The name and telephone number of a contact person for...

       5. 5. Where the producer is a partnership, the names of all...

       6. 6. Where relevant, the code for an activity in the UK...

       7. 7. The number of scheme articles first made available by that...

       8. 8. Relevant information that supports the identification of scheme articles first...

       9. 9. The number of scheme articles that share characteristics listed in...

       10. 10. The number of scheme articles the producer anticipates it will...

       11. 11. An operational plan that demonstrates how the producer intends to...

       12. 12. If the producer is also a producer of a low...

    2. SCHEDULE 2

       Scheme administrator approval: Information to be contained in an application for scheme administrator approval

       1. 1. The name (including business name) of the scheme administrator.

       2. 2. The address and telephone number of the registered or principal...

       3. 3. The address for service of notices if different from that...

       4. 4. Information which demonstrates— (a) that the scheme administrator is likely...

       5. 5. A copy of the constitution of the scheme administrator or...

       6. 6. A copy of the rules and procedures applicable to producers...

    3. SCHEDULE 3

       Collection targets

       1. 1. The minimum collection targets which a producer must meet in...

    4. SCHEDULE 4

       Registration of a voluntary return point operator: Information to be contained in an application for registration

       1. 1. The name (including business name), of the person who will...

       2. 2. The address and telephone number of the registered or principal...

       3. 3. The address and telephone number of the proposed return point...

       4. 4. Information about the accessibility of the proposed return point including—...

       5. 5. Information which demonstrates— (a) that the applicant has sufficient resources...

       6. 6. Confirmation in writing that— (a) all registered producers have agreed...

    5. SCHEDULE 5

       LOW VOLUME DRINK PRODUCTS

       1. 1. Producer of a low volume drink product

       2. 2. The conditions are that— (a) an item of packaging, in...

       3. 3. A producer in respect of any other low volume drink...

       4. 4. The operator in respect of an online retail sale is...

       5. 5. Application to be listed by producer of a low volume drink product

       6. 6. An application under paragraph 5 must be made—

       7. 7. A application under paragraph 5 must be made in writing...

       8. 8. A application under paragraph 5 must be accompanied by a...

       9. 9. (1) Within 42 days of receipt of an application made...

       10. 10. The date for the purposes of paragraph 9(4) is—

       11. 11. SEPA must publish and maintain a list of listed producers...

       12. 12. Where an application is refused, SEPA must, within 7 days...

       13. 13. Cancellation of listing of producer of a low volume drink product

       14. 14. Obligations of listed producer of a low volume drink product

       15. 15. Interpretation

12. Explanatory Note