Scottish Statutory Instruments

2020 No. 154

Environmental Protection

The Deposit and Return Scheme for Scotland Regulations 2020

Made

19th May 2020

Coming into force

for the purpose of regulation 1(2)

20th May 2020

for the purpose of regulation 1(3)

1st January 2021

for the purpose of regulation 1(4)

1st January 2022

for the purpose of regulation 1(5)

1st July 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 84, 89, 90 and 96(2) of the Climate Change (Scotland) Act 2009(1) and all other powers enabling them to do so.

In accordance with section 84(6) of that Act, the Scottish Ministers consider that it is expedient to make these Regulations for the purpose of promoting and securing an increase in the recycling of materials.

In accordance with section 97(2) to (5) of that Act, a copy of the proposed regulations and a statement setting out the reasons for proposing to make them were laid before the Scottish Parliament for a representation period of 91 days.

In accordance with section 97(6) and (7) of that Act, the Scottish Ministers have had regard to any representations on the proposed regulations made to them, and to any report relating to the proposed regulations published by any committee of the Scottish Parliament for the time being appointed by virtue of standing orders, and have laid with these Regulations a statement setting out the details of such representations and reports and the changes made to the proposed regulations in response to such representations and reports, and the reasons for those changes.

In accordance with section 96(4) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

PART 1SGeneral

Citation and commencementS

1.—(1) These Regulations may be cited as the Deposit and Return Scheme for Scotland Regulations 2020.

(2) Parts 1, 4 and 6 come into force on the day after the day on which these Regulations are made.

(3) In Part 5, regulations 22 to 25 come into force on 1 January 2021.

(4) Part 3 comes into force on 1 January 2022.

[F1(4A) In Part 5, regulations 19, 20 and 21 come into force on 1 July 2025 for the purposes only of registration of groceries retailers, return point operators and takeback service providers.]

(5) Parts 2 [F2, 7 and 8], and [F3regulations 19, 20 and 21 for all purposes and] the remaining provisions of Part 5 come into force on [F41 October 2027].

Textual Amendments

Commencement Information

I1Reg. 1 in force at 20.5.2020, see reg. 1(2)

InterpretationS

2.—(1) In these Regulations—

[F5“approved operational plan” means the scheme administrator’s operational plan which has been approved by SEPA in accordance with article 4(4) (operational plan) of the Designation Order 2025,]

“authorised person” means a person authorised by SEPA under regulation 30(3),

“consumer” means a person who is acting for purposes which are outside that person’s trade, business, craft or profession,

[F6“deposit” has the meaning given in article 2 (interpretation) of the Designation Order 2025”,]

[F6“the Designation Order 2025” means the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025,]

“drink” means a beverage intended for human consumption, including concentrated soft drinks,

“enforcement powers” means the powers specified in regulation 30(4),

“export shop” has the same meaning as in regulation 3 of the Excise Goods (Export Shops) Regulations 2000(2),

[F7“groceries” means one or more of the following sold by a retailer—

(a)

food suitable for human consumption (other than sold exclusively for consumption on the premises of sale),

(b)

scheme articles or other drinks (alcoholic and non-alcoholic, other than sold exclusively for consumption on the premises of sale),

(c)

pet food,

(d)

cleaning products,

(e)

toiletries and household goods, other than petrol, clothing, DIY products, financial services, pharmaceuticals, newspapers, magazines and books, greetings cards, CDs, DVDs, videos and audio tapes, toys, plants, flowers, perfumes, cosmetics, electrical appliances, kitchen hardware, gardening equipment, books, tobacco and tobacco products,]

[F7“groceries retailer” means a retailer which is a supermarket of any size, a grocery store, a convenience store, or a newsagent and which sells groceries,]

“hospitality retailer” is a retailer that sells a scheme article F8... for the purpose of its consumption on the premises of sale,

F9...

[F10“low volume drink product ” means a drink (regardless of whether it is sold alone or as part of a multipack) that—

(a)

meets the criteria in sub-paragraphs (a), (b) and (c) of the definition of “scheme article” in regulation 3(2),

(b)

the producer markets, offers for sale or sells for the purpose of its retail sale in [F11the United Kingdom in a quantity which will not exceed—

(i)

6250 units in the first relevant year,

(ii)

5000 units in any other relevant year,]]

“non-scheme article” has the meaning given in regulation 3(2),

[F12“non-Scottish article” has the meaning given in regulation 3(2),]

“online retail sale” is a retail sale through a website or online marketplace, and related expressions are to be construed accordingly,

“operator” in relation to a website or online marketplace means the person who controls access to, and the content of, the website or online marketplace,

“PET plastic” means [F13polyethylene] terephthalate,

[F14“producer”, in relation to a—

(a)

scheme article, has the meaning given in regulation 6(A1) to (2),

(b)

low volume drink product, has the meaning given in [F15regulation 6(2A) to (2D)],]

“registered producer” means a producer registered with [F16the scheme administrator] for the purposes of these Regulations in accordance with [F17chapter 1 of Part 3 of the Designation Order 2025],

F18...

[F19“relevant year” means—

(i)

the period beginning on 1st October 2027 and ending on 31st December 2028 (“first relevant year”), or

(ii)

the calendar year beginning with 1 January 2029 or any subsequent calendar year,]

“retailer” has the meaning given in regulation 18(1),

“retail sale” means a sale to a consumer,

[F20“returnable packaging” has the meaning given in regulation 3(2),]

“return point” means a place at which a person (whether the purchaser of the scheme article or otherwise) can return scheme packaging [F21or returnable packaging] and receive payment of a sum equal to the deposit for each item of scheme packaging [F21or returnable packaging] returned,

“return point operator” has the meaning given in regulation 20(1),

[F22“scheme administrator” means a person or body designated as the scheme administrator under article 3 (designation of scheme administrator) of the Designation Order 2025,]

“scheme article” has the meaning given in regulation 3(2),

[F23“scheme logo” means the scheme logo issued by the scheme administrator under article 5(1) (scheme logo and scheme multipack logo) of the Designation Order 2025,]

[F23“scheme multipack” means a multipack which contains scheme articles (whether or not it contains any other items),]

[F23“scheme multipack logo” means the scheme multipack logo issued by the scheme administrator under article 5(1) of the Designation Order 2025,]

“scheme packaging” has the meaning given in regulation 3(2),

[F24“scheme return code” has the meaning given in article 7(1) (scheme return code) of the Designation Order 2025,]

“SEPA” means the Scottish Environment Protection Agency(3),

[F25“sum equal to the deposit” means, in relation to an item of scheme packaging in which a scheme article was contained or sold, an amount equal to the greater of—

(a)

the amount of the deposit on the date on which the item of scheme packaging is returned,

(b)

the amount of the deposit on the date on which the item of the scheme packaging was supplied with a scheme article,]

“single-use packaging” has the meaning given in regulation 3(2),

“takeback service” has the meaning given in regulation [F2621(3), and “takeback service provider” is to be construed accordingly],

“vending machine” means an automatic machine for the sale of a scheme article (regardless of whether the machine also sells other products),

F27...

“writing” and “written” include electronic communications within the meaning of section 15(1) (general interpretation) of the Electronic Communications Act 2000(4), which have been recorded and are consequently capable of being reproduced in written form.

(2) In the definition of “drink”, “concentrated soft drink” means any soft drink in liquid form intended for human consumption after dilution, but does not include concentrates used in the manufacture of soft drinks and which are not intended for retail sale without further processing.

(3) In the definitions of “online retail sale” and “operator”, “online marketplace” means any means by which information is made available over the internet, through which a person other than the operator is able to offer goods for sale (whether or not the operator also does so).

[F28(4) In the definition of “sum equal to the deposit”, the reference to the amount of the deposit is to be read as including the amount of the deposit for a scheme article which is comparable to the item of scheme packaging.

(5) For the purposes of paragraph (4), a scheme article is comparable to the item of scheme packaging if the packaging of the scheme article—

(a)is made wholly or mainly from the same scheme material as the item of scheme packaging,

(b)is of the same size as the item of scheme packaging, and

(c)is marketed, offered for sale or sold to consumers in a scheme multipack, if the item of scheme packaging item was market, offered for sale or sold to a consumer in a multipack.]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 20.5.2020, see reg. 1(2)

Scheme articles and scheme packagingS

3.—(1) The deposit and return scheme established by these Regulations applies to—

(a)a scheme article, and

(b)scheme packaging in which a scheme article is contained or sold.

(2) For the purposes of these Regulations—

“non-scheme article” means an article that meets the criteria in sub-paragraphs (a) and (c) of the definition of “scheme article” in this paragraph, but does not meet the criteria in sub-paragraph (b) of that definition,

[F29“non-Scottish article” means an article that meets the criteria in sub-paragraphs (a) and (b) of the definition of “scheme article” in this paragraph, but does not meet the criteria in sub-paragraph (c) of that definition,]

[F30“returnable packaging” means an item of packaging in which a drink was contained or sold and which is subject to any other deposit and return scheme established in another part of the United Kingdom,]

“scheme article” means a drink (regardless of whether it is sold alone or as a unit in a multipack) that is—

(a)

contained and sold in packaging that—

(i)

is made wholly or mainly from PET plastic, F31... steel or aluminium,

(ii)

is conceived or designed to—

(aa)

contain at least [F32150] millilitres and no more than 3 litres of liquid, and

(bb)

be sealed in an airtight and watertight state at the point of sale,

(iii)

cannot be returned to its state at the point of sale by the consumer, and

(iv)

is single-use packaging,

(b)

first made available to be marketed, offered for sale or sold by the producer on or after [F331 October 2027], F34...

(c)

made available to be marketed, offered for sale or sold by the producer for the purposes of its retail sale in Scotland [F35, and

(d)

is not a low volume drink product],

“scheme packaging” means the packaging for a scheme article that is conceived or designed to come in direct contact with the drink, and does not include packaging conceived or designed to group together multiple components in a multipack.

“single-use packaging” means packaging for a drink that is not conceived, designed or placed on the market to accomplish, within its life span—

(a)

multiple refills by a consumer,

(b)

multiple trips or rotations by being returned to a producer to be refilled by that producer for the same purpose for which it was conceived.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 20.5.2020, see reg. 1(2)

[F36Low volume drink productsS

3A.—(1) A person may only market, offer for sale or sell a low volume drink product to a consumer in Scotland if the producer is a—

F37(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)registered producer.

(2) For the purpose of paragraph (1), the following is to be regarded as the person who markets, offers for sale or sells the low volume drink product—

(a)in the case of an online retail sale, the operator,

(b)in the case of a vending machine sale—

(i)where the machine is marked with the name and address of its owner, that owner, or

(ii)otherwise, the person with the management and control of the premises on which the machine stands or to which it is affixed.

(3) Any person who markets, offers for sale or sells a low volume drink product in Scotland on or after [F381 October 2027] must communicate to the purchaser at the point of sale that—

(a)the product is not a scheme article to which the requirements of these Regulations apply,

(b)an item of packaging in which that low volume drink product is contained or sold cannot be returned in exchange for payment of a sum equal to a deposit.

F39(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

PART 2SThe deposit and return scheme

Prospective

Sale of articlesS

4.—(1) Where an article meets the criteria in both sub-paragraphs (a) and (b) of the definition of “scheme article” in regulation 3(2), a person may only market, offer for sale or sell that article to a consumer in Scotland if it also complies with paragraph (c) of that definition.

(2) A person may only market, offer for sale or sell a scheme article to a consumer in Scotland if the producer of that article for the purposes of regulation 6(1), is a registered producer.

(3) For the purpose of paragraphs (1) and (2) the following is to be regarded as the person who markets, offers for sale or sells the scheme article—

(a)in the case of an online retail sale, the operator,

(b)in the case of a vending machine sale—

(i)where the machine is marked with the name and address of its owner, that owner, or

(ii)otherwise, the person with the management and control of the premises on which the machine stands or to which it is affixed.

Prospective

Obligations relating to charging deposits and marketing, offering for sale or selling articlesS

5.—F40(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (4), any person who markets, offers for sale or sells a scheme article in Scotland must—

(a)charge a deposit when marketing, offering for sale or selling a scheme article in Scotland, and

(b)clearly display information in any place where the scheme article is displayed for sale by that person indicating—

(i)that the article is a scheme article to which the obligation to charge a deposit under these Regulations applies,

(ii)the amount of the deposit.

(3) Subject to paragraph (4), any person who markets, offers for sale or sells a non-scheme article in Scotland on or after [F411 October 2027] must communicate to the purchaser at the point of sale that—

(a)the article is not a scheme article to which the requirements of these Regulations apply,

(b)an item of packaging in which that article is contained or sold cannot be returned in exchange for payment of a sum equal to a deposit.

[F42(3A) Any person who markets, offers for sale or sells a non-Scottish article in Scotland on or after [F431 October 2027] to a purchaser other than a consumer must communicate to that purchaser at the point of sale that—

(a)the article is not a scheme article to which the requirements of these Regulations apply,

(b)an item of packaging in which that article is contained or sold cannot be returned in exchange for payment of a sum equal to a deposit.]

[F44(3B)  Any person who markets, offers for sale or sells a scheme article in Scotland must ensure that the scheme article carries—

(a)the scheme logo, and

(b)the scheme return code,

regardless of whether the scheme article is, or is intended to be, marketed, offered for sale or sold to a consumer in a scheme multipack.

(3C) Any person who markets, offers for sale or sells a scheme article in Scotland as part of a scheme multipack must ensure that the multipack carries the scheme multipack logo (if any).

(3D)  Any person who markets, offers for sale or sells a low volume drink product in Scotland must ensure that the low volume drink product does not carry any or all of the scheme logo, the multipack logo or the scheme return code.

(3E) For the purposes of paragraph (3D), it is irrelevant if the low volume drink product is intended to be marketed, offered for sale or sold as a single item or in a multipack.

(3F) Any person who markets, offers for sale or sells a low volume drink product in Scotland must ensure that a multipack which includes only low volume drink products does not carry the scheme multipack logo.]

(4) The obligations in paragraphs (2) [F45, (3), (3B), (3C), (3D) or (3F)] do not apply—

(a)in the case of a scheme article [F46, non-scheme article, scheme multipack or low volume drink product] which is marketed, offered for sale or sold in Scotland—

(i)in an export shop, or

(ii)exclusively for consumption on the premises of sale,

(b)in the case of a scheme article [F46, non-scheme article, scheme multipack or low volume drink product] which is intended for retail sale outside Scotland.

Textual Amendments

PART 3SProducers

CHAPTER 1SDefinition of a producer

ProducersS

6.—[F47(A1) A producer in respect of a scheme article which meets the conditions set out in paragraph (B1) is the retailer.

(B1) The conditions are that—

(a)an item of scheme packaging containing the scheme article is filled and sealed by the retailer, and

(b)the scheme article is sold by the retailer to a consumer for consumption in any place other than on the premises of sale.]

(1) A producer [F48in respect of any other] scheme article is—

(a)in the case of a scheme article branded in the United Kingdom, the brand owner,

(b)in the case of a scheme article branded by a brand owner outside the United Kingdom, the importer.

(2) The operator in respect of an online retail sale is to be regarded as the importer for the purposes of paragraph (1) where a scheme article is being sold—

(a)for the first time in the United Kingdom,

(b)to a consumer in Scotland, and

(c)by way of a retail sale.

[F49(2A) A producer in respect of a low volume drink product which meets the conditions set out in paragraph (2B) is the person who markets, offers for sale or sells a low volume drink product to a consumer in Scotland (“the low volume drink product retailer”).

(2B) The conditions are that—

(a)an item of packaging, in which that low volume drink product is contained or sold, is filled and sealed by the low volume drink product retailer, and

(b)the low volume drink product is sold by the low volume drink product retailer to a consumer for consumption in any place other than on the premises of sale.

(2C) A producer in respect of any other low volume drink product is—

(a)in the case of a low volume drink product branded in the United Kingdom, the brand owner,

(b)in the case of a low volume drink product branded by a brand owner outside the United Kingdom, the importer.

(2D) The operator in respect of an online retail sale is to be regarded as the importer for the purposes of paragraph (2C) where a low volume drink product is being sold—

(a)for the first time in the United Kingdom,

(b)to a consumer in Scotland, and

(c)by way of a retail sale.]

(3) In this regulation—

“brand owner” means the person who, in the course of a trade, business, craft or profession, puts a name, trade mark or other distinguishing mark on a scheme article or scheme packaging [F50, or, as the case may be, on a low volume drink product or on packaging for that low volume drink product,] by which the person is held out to be a manufacturer or the originator of the scheme article [F51, or, as the case may be, the low volume drink product], and “branded” is to be construed accordingly,

“importer” means the person who, in the course of a trade, business, craft or profession, first markets, offers for sale or sells the scheme article [F52, or, as the case may be, the low volume drink product,] in the United Kingdom.

Textual Amendments

Commencement Information

I4Reg. 6 in force at 1.1.2022, see reg. 1(4)

CHAPTER 2SRegistration of a producer

Application for registration of a producerS

7.—[F53(1)  An application for registration of a producer must be made to the scheme administrator by the producer.]

[F54(2)  An application for registration of a producer must be made—

(a)before 1 October 2027, or

(b)where a person is not a producer on that date, within 28 days of that person becoming a producer.]

(3) An application must—

(a)be made in writing,

(b)F55... contain the information set out in schedule 1,

(c)contain any other information [F56as may be reasonably requested by the scheme administrator], F57...

F57(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F58(4) Where the application is granted, the producer will be treated as registered from the date specified by the scheme administrator under article 23(2)(b) (producer registration) of the Designation Order 2025.]

Textual Amendments

Commencement Information

I5Reg. 7 in force at 1.1.2022, see reg. 1(4)

Producer registrationS

F598.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Cancellation of registration of producersS

F609.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 3SProducer Obligations

Producer obligations: generalS

[F6110.—(1) A registered producer must—

(a)notify the scheme administrator of any material change in the information provided in accordance with regulation 7(3)(b) and (c), within 28 days of the date of the change,

(b)collect and keep for at least seven years from the date on which the information is collected a record of the information specified in paragraph (2),

(c)provide the information specified in paragraph (2) in such form and at such intervals as the scheme administrator may reasonably require,

(d)provide any other information, that the scheme administrator may reasonably require, in such form and at such intervals as the scheme administrator may reasonably require.

(2) The information referred to in paragraph (1)(b) and (c) is—

(a)the number of scheme articles first made available by the registered producer to be marketed, offered for sale or sold for the purposes of their retail sale in Scotland,

(b)whether the scheme packaging in which those scheme articles were contained or sold was made wholly or mainly from PET plastic, steel or aluminium,

(c)the sizes of the scheme packaging in which those scheme articles were contained or sold,

(d)if any of the scheme articles were to be made available in scheme multipacks, the size of those multipacks,

(e)if the registered producer is a producer of a low volume drink product—

(i)the number of low volume drink products first made available by the registered producer to be marketed, offered for sale or sold for the purposes of their retail sale in the United Kingdom,

(ii)whether the packaging which is designed or conceived to come into direct contact with the drink and in which those low volume drink products were contained or sold was made wholly or mainly from PET plastic, steel or aluminium,

(iii)the sizes of that packaging in which those low volume drink products were contained or sold,

(iv)if any of the low volume drink products were to be made available in multipacks, the size of those multipacks.

(3) A registered producer must notify the scheme administrator in writing where the registered producer has ceased to be a producer within 28 days of ceasing to be a producer.

(4) Where the registration of a producer is cancelled by the scheme administrator in accordance with article 24(1) or (3) (cancellation of registration of producer) of the Designation Order 2025, the producer must continue to comply with paragraph (1)(b) and (c).]

Textual Amendments

Commencement Information

I6Reg. 10 in force at 1.1.2022, see reg. 1(4)

Producer obligations: further provisionS

[F6211.—(1) A registered producer must pay to the scheme administrator—

(a)any registration fees determined by the scheme administrator under article 25 (registration fees for registered producers) of the Designation Order 2025,

(b)an amount equivalent to the deposit for each scheme article which a registered producer markets, offers for sale or sells in Scotland.

(2) A registered producer must pay any amounts referred to in paragraph (1) to the scheme administrator—

(a)by such date, or at such intervals, as the scheme administrator may determine,

(b)by such means as the scheme administrator may determine.]

Textual Amendments

Commencement Information

I7Reg. 11 in force at 1.1.2022, see reg. 1(4)

Producer obligations: producers registered through a scheme administratorS

F6312.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 4SScheme administrator

Scheme administratorS

F6413.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for approval of a scheme administratorS

F6514.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Approval of scheme administratorS

F6615.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Obligations of a scheme administratorS

[F6716.—(1) The scheme administrator must act in accordance with its approved operational plan.

(2) The scheme administrator must submit an annual report to the Scottish Ministers and to SEPA for each relevant year.

(3) The annual report must set out how, and the extent to which, the scheme administrator has in the relevant year acted in accordance with its operational plan.

(4) The annual report must be submitted to the Scottish Ministers and to SEPA as soon as is reasonably practicable, and in any event within a period of 6 weeks beginning with the end of the relevant year to which it relates.

(5) The scheme administrator must meet the minimum collection targets specified in schedule 3 in respect of scheme packaging containing a scheme article first made available by registered producers to be marketed, offered for sale or sold for the purposes of its retail sale in Scotland.]

Textual Amendments

Commencement Information

I8Reg. 16 in force at 20.5.2020, see reg. 1(2)

[F67Collection etc. of scheme packaging and returnable packaging from return point operators, hospitality retailers and takeback service providers and connected paymentS

16A.—(1) The scheme administrator must—

(a)collect from return point operators all of the scheme packaging or returnable packaging accepted by those return point operators,

(b)collect from hospitality retailers all of the scheme packaging kept by those hospitality retailers,

(c)collect, or accept the return of, all of the scheme packaging or returnable packaging accepted by takeback service providers.

(2) The scheme administrator must pay each return point operator from whom it collects scheme packaging or returnable packaging—

(a)the sum equal to the deposit for each item of scheme packaging or returnable packaging that it collects from the return point operator, and

(b)the handling payment determined by the scheme administrator under article 14 (handling payment) of the Designation Order 2025.

(3) The scheme administrator must pay hospitality retailers from whom it collects any scheme packaging the total amount of sums equal to the deposits which have been paid by those hospitality retailers in respect of the collected scheme packaging.

(4) The scheme administrator must pay each takeback service provider from whom it collects, or accepts, scheme packaging or returnable packaging the sum equal to the deposit for each item of scheme packaging or returnable packaging that it collects, or accepts, from takeback service provider.

(5) The scheme administrator must make any payment required under paragraphs (2)(a), (3) or (4)—

(a)at such intervals, and

(b)in such manner

as are determined in accordance with its approved operational plan.]

Textual Amendments

[F67Information about returns dataS

16B.—(1) A scheme administrator must—

(a)supply returns data to its registered producers,

(b)inform each registered producer, in such manner and at such intervals as are determined in accordance with its operational plan, of how many of each of the producer’s scheme articles were returned to the scheme administrator and in respect of which sums equal to the deposit were paid, within a particular time period, and

(c)make available the returns data to SEPA.

(2) In paragraph (1) “returns data” means—

(a)information that enables registered producers to determine the number of scheme articles returned or not returned to the scheme administrator, including the proportion of returns by product,

(b)information about deposits that are unredeemed,

(c)information relating to the locations of returns, and

(d)information about returns received by the scheme administrator from any other scheme administrator of a deposit and return scheme established in another part of the United Kingdom.]

Textual Amendments

Withdrawal of approval of a scheme administratorS

F6817.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 5SRetailers and return points

CHAPTER 1SRetailers

Prospective

RetailersS

18.—(1) For the purposes of these Regulations, a “retailer” is a person who markets, offers for sale or sells a scheme article to a consumer in Scotland.

(2) For the purpose of paragraph (1), the following is to be regarded as the person who markets, offers for sale or sells the scheme article—

(a)in the case of an online retail sale, the operator,

(b)in the case of a vending machine sale—

(i)where the machine is marked with the name and address of its owner, that owner, or

(ii)otherwise, the person with the management and control of the premises on which the machine stands or to which it is affixed.

(3) Where an article is sold or is to be sold to a consumer in Scotland, the article is to be treated for the purpose of these Regulations as having been marketed or offered for retail sale, or sold by way of retail sale, in Scotland regardless of whether the retailer has a registered or principal office in Scotland, or where the site of sale is.

(4) In this Part—

“distance retail sale” is a sale of a scheme article to a consumer in Scotland where the site of delivery and the site of sale are a distance from each other,

“site of delivery” is the place where the consumer first gains physical possession of the scheme article,

“site of sale” is the premises of the retailer where the order for purchase of a scheme article is received.

Retailer obligationsS

[F6919.—(1) A retailer must comply with the obligations in regulation 5(2), (3), (3B), (3C), (3D) and (3F).

(2) A groceries retailer must operate a return point at any retail premises in Scotland at which a scheme article is marketed, offered by sale or sold by that groceries retailer, unless—

(a)those retail premises of the groceries retailer have limited retail space and are situated in an urban area,

(b)those retail premises are an export shop,

(c)the sale of a scheme article on those retail premises is solely by way of a vending machine,

(d)the sale of a scheme article on those retail premises is solely by way of a distance retail sale, or

(e)the groceries retailer has been granted an exemption by the scheme administrator under article 29(2) (exemptions for groceries retailers from operating return points) of the Designation Order 2025 in relation to those premises.

(3) A groceries retailer that is required to operate a return point under paragraph (2) in respect of any retail premises must—

(a)be registered with the scheme administrator in respect of those premises under article 27(1) (registration of groceries retailer as a return point operator) of the Designation Order 2025,

(b)clearly display information on those premises about how a deposit can be redeemed in relation to a scheme article.

(4) A retailer, to which paragraph (3) does not apply, must clearly display information about how a deposit can be redeemed—

(a)in the case of scheme article marketed, offered for sale or sold on its retail premises, on those premises,

(b)in the case of a scheme article marketed, offered for sale or sold by way of distance retail sale, in any place where the scheme article is displayed for sale,

(c)in the case of a scheme article marketed, offered for sale or sold by way of a vending machine, on the vending machine.

(5) For the purposes of paragraph (2)(a)—

(a)“limited retail space” means retail space of less than 100m2, regardless of whether that retail space is situated within, or forms part of, a larger building or premises and regardless of the uses, nature or purposes of the larger building or premises,

(b)“urban” means an area which is classed either as a large urban areas (class 1) or as any other urban area (class 2) by reference to the document titled “Scottish Government Urban Rural Classification 2020” published by the Scottish Government on 31 May 2022.]

Textual Amendments

Commencement Information

I9Reg. 19 in force at 1.7.2025 for specified purposes, see reg. 1(4A)(5) (as amended by S.S.I. 2025/188, art. 3)

CHAPTER 2SReturn of scheme packaging

Return pointsS

20.—(1) For the purposes of these Regulations, a “return point operator” is any person who operates a return point, [F70and who is—

(i)a groceries retailer registered by the scheme administrator in accordance with article 27(1) of the Designation Order 2025,

(ii)a voluntary return point operator registered by the scheme administrator in accordance with article 31 (registration of voluntary return point operators) of the Designation Order 2025, or

(iii)the scheme administrator.]

(2) Subject to [F71paragraphs (4) and (5)], a return point operator must—

(a)accept an item of scheme packaging [F72or returnable packaging] returned to the return point,

(b)pay to the consumer a sum equal to the deposit for each item of scheme packaging [F73or returnable packaging] accepted,

(c)retain the scheme packaging [F74or returnable packaging] for collection by[F75the] scheme administrator.

(3) A return point operator must clearly display information at the return point about—

(a)the complaints procedure and the contact details for receipt of any complaint that may be made to that operator from a consumer concerning the operation of the return point, and

(b)the contact details of [F76the scheme administrator].

(4) A return point operator may refuse to accept an item of packaging if—

(a)it is not identifiable as scheme packaging [F77or returnable packaging],

(b)it is soiled,

(c)it is not intact,

(d)it is not empty,

(e)the return point operator has requested a collection of scheme packaging by [F78the] scheme administrator and the collection has not been carried out in accordance with [F79the] scheme administrator’s operational plan, or

(f)[F80in relation to a return to a groceries retailer,] it is part of a single proposed return by a consumer that contains a number of items of scheme packaging [F81or returnable packaging] disproportionately greater than the number of scheme articles that [F82groceries] retailer sells, on average, as part of a single transaction

[F83(g)it is scheme packaging or returnable packaging for a drink which the return point operator does not or would not market, offer for sale or sell for reasons of faith or belief,

(h)in relation to a return to voluntary return point operator, it is part of a single proposed return by a consumer that contains a number of items of scheme packaging or returnable packaging which is greater than the maximum number of items of scheme packaging or returnable packaging that the voluntary return point operator has informed the scheme administrator, as part of its application to operate a voluntary return point, that it will accept.]

F84(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I10Reg. 20 in force at 1.7.2025 for specified purposes, see reg. 1(4A)(5) (as amended by S.S.I. 2025/188, art. 3)

[F85Application for registration of a groceries retailer as return point operatorS

20ZA.—(1) An application for registration of a groceries retailer as a return point operator must be made to the scheme administrator—

(a)before 1 October 2027, or

(b)where the person is not a groceries retailer at that date, within 28 days of a person becoming a groceries retailer.

(2) An application for registration must—

(a)be made in writing,

(b)contain the information set out in schedule 1A, and

(c)include any information as may be reasonably requested by the scheme administrator.

(3) Where the application is granted, the return point operator will be treated as registered from the date specified by the scheme administrator under article 27(1)(b) (registration of the groceries retailer as a return point operator) of the Designation Order 2025.

(4) A groceries retailer which is registered as a return point operator must—

(a)comply with the obligations in regulation 20, and

(b)notify the scheme administrator of any material change in the information provided in accordance with paragraph (2) within 28 days of the date of the change.]

Textual Amendments

[F85Effect of making an application for a return point exemption: applications ongoing at 1st October 2027S

20ZB.—(1) This regulation applies where—

(a)a groceries retailer applies for an exemption under regulation 20ZA before 1st October 2027, and

(b)the scheme administrator has not made a decision on that application by the end of 30th September 2027.

(2) Irrespective of the final outcome of the exemption application, the groceries retailer is not required to operate a return point in respect of the premises specified in the exemption application during the period—

(a)beginning with 1st October 2027, and

(b)ending—

(i)if the return point exemption is granted, immediately before the exemption takes effect,

(ii)if the return point exemption is refused and the groceries retailer has asked the scheme administrator to review its decision under article 20 (internal review of decisions made by the scheme administrator) of the Designation Order 2025, at the end of the period during which the review is carried out,

(iii)if the return point exemption is refused and the groceries retailer has not asked the scheme administrator to review its decision under article 20 of the Designation Order 2025, at the end of the period within which the groceries retailer could have asked the scheme administrator to review its decision under article 20 of the Designation Order 2025.]

Textual Amendments

[F85Effect of making an application for a return point exemption: person becoming a groceries retailer on or after 1st October 2027S

20ZC.—(1) This regulation applies where a person who becomes a groceries retailer on or after 1st October 2027 applies for an exemption under regulation 20ZA.

(2) The groceries retailer is not required to operate a return point in respect of the premises specified in the exemption application during the period—

(a)beginning with the day on which the application is received by the scheme administrator, and

(b)ending—

(i)if the return point exemption is granted, immediately before the exemption takes effect,

(ii)if the return point exemption is refused and the groceries retailer has asked the scheme administrator to review its decision under article 20 of the Designation Order 2025, at the end of the period during which the review is carried out,

(iii)if the return point exemption is refused and the groceries retailer has not asked the scheme administrator to review its decision under article 20 of the Designation Order 2025, at the end of the period within which the groceries retailer could have asked the scheme administrator to review its decision under article 20 of the Designation Order 2025.]

Textual Amendments

[F86Hospitality retailersS

20A.  A hospitality retailer must retain for collection by [F87the] scheme administrator the scheme packaging in which scheme articles were sold by that hospitality retailer for consumption on the premises of sale.]

Textual Amendments

Takeback servicesS

[F8821.—(1) A person may provide a takeback service only if they are registered with the scheme administrator under article 34 (registration of takeback service providers) of the Designation Order 2025 as a takeback service provider.

(2) A person may make an application to the scheme administrator for registration as a takeback service provider.

(3) For the purpose of these Regulations, a “takeback service” is a service provided by the takeback service provider enabling—

(a)an item of scheme packaging in which a scheme article was contained or sold or returnable packaging to be collected from a consumer, and

(b)the payment to that consumer of a sum equal to the deposit for each item of scheme packaging or returnable packaging so collected and returned.

(4) An application for registration as a takeback service provider must—

(a)be made in writing,

(b)contain the information set out in schedule 1B, and

(c)include any information as may be reasonably requested by the scheme administrator.

(5) Where the application is granted, the takeback service provider will be treated as registered from the date specified by the scheme administrator under article 34(3) of the Designation Order 2025.

(6) A takeback service provider must notify the scheme administrator of any material change in the information provided in accordance with paragraph (4) within 28 days of the date of the change.

(7) Unless paragraph (8) applies, a takeback service provider must pay to the consumer a sum equal to the deposit for each item of scheme packaging or returnable packaging returned to the takeback service provider.

(8) This paragraph applies if any returned item of packaging—

(a)is not identifiable as scheme packaging or returnable packaging,

(b)is soiled,

(c)is not intact, or

(d)is not empty.

(9) A takeback service provider must retain the scheme packaging or returnable packaging for collection by the scheme administrator.]

Textual Amendments

Commencement Information

I11Reg. 21 in force at 1.7.2025 for specified purposes, see reg. 1(4A)(5) (as amended by S.S.I. 2025/188, art. 3)

CHAPTER 3SExemptions for return points

Exemptions for return pointsS

[F8922.  A groceries retailer may apply to the scheme administrator for an exemption from operating a return point in respect of a retail premises either—

(a)on proximity grounds, if it is made on the grounds that there is one or more alternative return points located within reasonable proximity to those retail premises, or

(b)on premises grounds, if it is made on the grounds that the location, layout, size, design, or construction of those retail premises does not permit, or cannot reasonably be altered to permit, the operation of a return point on those premises.]

Textual Amendments

Commencement Information

I12Reg. 22 in force at 1.1.2021, see reg. 1(3)

Revocation of an exemption for a return pointS

F9023.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for exemption of a return pointS

24.—F91(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F92(2)  An application for exemption in accordance with regulation 22(a) or (b) must—

(a)be made in writing,

(b)contain the information set out in schedule 1C, and

(c)include any information as may be reasonably requested by the scheme administrator,]

[F93(3) Where the application is granted, the groceries retailer will be treated as exempt from operating a return point from the date specified by the scheme administrator under article 29(4)(a)(iii) (exemptions for groceries retailers from operating return points) of the Designation Order 2025.]

[F94(4)  A groceries retailer that has been granted an exemption from operating a return point must—

(a)clearly display information at the groceries retailer’s premises indicating—

(i)that by virtue of an exemption granted by the scheme administrator, they do not operate a return point in respect of those premises and the reason for that exemption, and

(ii)the location of the nearest return point,

(b)notify the scheme administrator of any material change, to—

(i)any of the circumstances under which the exemption in respect of those premises was granted, or

(ii)any of the information provided as part of an application for exemption under regulation 22(a) or (b),

within 28 days of the date of the change.]

F95(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I13Reg. 24 in force at 1.1.2021, see reg. 1(3)

CHAPTER 4SVoluntary return point operators

Voluntary return point operatorsS

25.—(1) A person may operate a return point at a place other than a premises on which a return point must be operated under regulation [F9619(2) only] if they are registered with the [F97scheme administrator] as a voluntary return point operator [F98under article 31 (registration of voluntary return point operators) of the Designation Order 2025].

(2) An application for registration must—

(a)be made in writing,

(b)contain the information set out in schedule 4, and

(c)include any information [F99as may be reasonably requested by the scheme administrator].

F100(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A registered voluntary return point operator must—

(a)comply with the obligations in regulation 20, and

(b)notify the [F101scheme administrator] of any material change in the information provided in accordance with paragraph (2) [F102within 28 days of the date of the change].

(9) A registered voluntary return point operator must comply with paragraph (8) from the date [F103on which the registration takes effect].

F104(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I14Reg. 25 in force at 1.1.2021, see reg. 1(3)

F106PART 6SAppeals or reviews

Textual Amendments

Right of appeal or reviewS

F10626.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ProcedureS

F10627.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of appealsS

F10628.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status pending appealS

F10629.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 7SEnforcement and offences

Prospective

Enforcement authorityS

30.—(1) SEPA has the powers described in paragraph (4).

(2) The enforcement powers are exercisable for the purpose of establishing

[F107(a)] whether these Regulations are being, or have been, complied with [F108,

(b)whether, and if so to what extent, any financial benefit has accrued or is likely to accrue to a person in connection with a failure to comply with these Regulations].

(3) The enforcement powers are exercisable by any person authorised in writing by SEPA for that purpose.

(4) The enforcement powers are—

(a)to enter onto any premises at any reasonable time, except premises used wholly or mainly as a private dwelling,

(b)to take with the authorised person on entering onto any premises in accordance with sub-paragraph (a)—

(i)any equipment or materials required,

(ii)if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of the authorised person’s duty, a constable,

(iii)any other person authorised in writing by SEPA,

(c)to make such examination and carry out such investigation as is necessary,

(d)to direct that any premises which the authorised person has power to enter in accordance with sub-paragraph (a), or anything on those premises, 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 sub-paragraph (c),

(e)to take such measurements and photographs or any other digital record, and to make such recordings as are necessary for the purposes of any examination or investigation under sub-paragraph (c),

(f)to take samples, or cause samples to be taken, of any articles, packaging, packaging material, products or parts of products found in, on or in the vicinity of any premises over which the power of entry applies in sub-paragraph (a),

(g)to require any person who the authorised person has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c)

[F109(i)] to answer (in the absence of any person other than a person nominated by that person to be present and any person 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 that person’s answers [F110, and

(ii)without prejudice to the generality of sub-paragraph (c), to attend at such place and at such reasonable time as the authorised person may specify to answer those questions and sign such a declaration][F111,

(ga)without prejudice to the generality of sub-paragraphs (c) and (g), to require any person whom the authorised person has reasonable cause to believe to be able to give any information relevant to an investigation under sub-paragraph (c), to provide that person’s name, address and date of birth,]

(h)to have access to, inspect, copy and print any document or record (in whatever form it is held) or seize and detain such document or record to enable it to be copied, printed or retained as evidence,

(i)to have access to, inspect and check the operation of any computer and any associated apparatus, or material which is or has been used in connection with a document or record, and for this purpose to require any person having charge of, or otherwise concerned with the operation of the computer, apparatus or material to give the authorised person such assistance as may reasonably be required and, where a document or record is kept by means of a computer, to require the document or record to be produced in a form in which it can be taken away,

(j)to make test purchases of articles,

(k)to make test returns of scheme packaging to a return point or to a [F112takeback service provider],

(l)by written notice, for the purposes of the discharge of their functions under these Regulations, to require any person to provide such information as is specified in the notice, in such form and within such period as is specified in the notice.

(5) A sheriff, a summary sheriff or a justice of the peace may by warrant authorise an officer of SEPA to enter any land or premises, if necessary using reasonable force, if satisfied by evidence on oath that—

(a)there are reasonable grounds for an authorised person to enter the land or premises concerned, and

(b)that—

(i)entry to the land or premises has been refused, or is likely to be refused and notice of intention to apply for a warrant has been given to the occupier, or

(ii)an application for admission, or the giving of such notice, would defeat the object of entry, or that the case is one of urgency, or that the land is, or the premises are, unoccupied or the occupier is temporarily absent.

(6) A warrant expires—

(a)when it is no longer needed for the purposes for which it is granted,

(b)if earlier, when any period as may be specified in it expires.

(7) Where documents, records, packaging, material, products or parts of products are seized in accordance with paragraph (4), the authorised person must—

(a)allow the person who is the occupier of the premises from which documents or records are seized at the time those documents or records are seized to make copies of any documents or records seized, if requested to do so, and

(b)provide on request from the person who is the occupier of the premises from which documents, records, packaging, material, products or parts of products are seized, a receipt in respect of anything so seized.

(8) An authorised person who enters any unoccupied premises must leave them as effectively secured as they were before those premises were entered.

(9) Nothing in paragraph (4) is to be construed as requiring any person to answer any question if to do so might incriminate that person.

(10) Nothing in this regulation confers power on an authorised person to seize an item which that person has reasonable grounds to believe would in legal proceedings be protected from disclosure on grounds of confidentiality of communications or legal professional privilege.

[F113(11) Information obtained as a result of the exercise of an enforcement power under paragraph (4), with or without the consent of any person, is admissible in evidence against that or any person in any proceedings.

(12) Information provided to SEPA or the Scottish Ministers in accordance with regulations [F11416(2) or 16B(1)(c)] is admissible in evidence in any proceedings against the person who provided the information or any other person.]

Textual Amendments

Prospective

[F115Enforcement authority costsS

30A.  SEPA must request payment from the scheme administrator to recover the reasonable costs incurred by SEPA in exercising their enforcement functions conferred by, or under, these Regulations or their functions conferred by, or under, the Designation Order 2025, by such means or in such manner and at such intervals as are agreed with the scheme administrator.]

Textual Amendments

Prospective

OffencesS

31.—(1) It is an offence to contravene—

[F116(za)regulation 3A(1),

(zb)regulation 3A(3),]

(a)regulation 4(1),

(b)regulation 4(2),

(c)regulation 5(2)(a),

(d)regulation 5(2)(b),

(e)regulation 5(3) [F117,

(f)regulation 5(3A)] [F118,

(g)regulation 5(3B),

(h)regulation 5(3C),

(i)regulation 5(3D),

(j)regulation 5(3F)].

(2) It is an offence for a person to knowingly or recklessly supply false information in connection with—

(a)an application for producer registration submitted in accordance with chapter 2 of Part 3,

[F119(b)an application for registration of a groceries retailer to operate a return point submitted in accordance with regulation 20ZA,]

(c)an application for exemption of a [F120groceries] retailer from the obligation to operate a return point submitted in accordance with chapter 3 of Part 5,

[F121(ca)an application for registration of takeback service provider submitted in accordance with regulation 21,]

(d)an application for registration of a voluntary return point submitted in accordance with chapter 4 of Part 5,

[F122(e)a notification to the scheme administrator of any material change in accordance with—

(i)regulation 10(1)(a),

(ii)regulation 20ZA(4)(b),

(iii)regulation 21(6),

(iii)regulation 24(4)(b),

(iv)regulation 25(8)(b),]

F123(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F123(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F123(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F124(3) It is an offence for a producer whose registration is cancelled by the scheme administrator to fail, without reasonable excuse, to comply with regulation 10(4).]

(4) It is an offence for a registered producer to fail, without reasonable excuse, to comply with the producer obligations set out in regulations [F12510(1)(b), (c), (d) and (3) and 11(1)(a) and (b)].

F126(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F127(5A) It is an offence for a listed producer to fail, without reasonable excuse, to comply with the obligations set out in paragraph 14(c), (d), (f) and (g) of schedule 5.]

F128(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F129(7) It is an offence for the scheme administrator to fail, without reasonable excuse, to comply with the obligations set out in—

(a)regulation 16(1) ,

(b)regulation 16(2),

(c)regulation 16(5),

(d)regulation 16A(1),

(e)regulation 16A(2) to (4),

(f)regulation 16B(1).

(7A) It is an offence for the scheme administrator to fail to comply with a request for payment by SEPA under regulation 30A (enforcement authority costs).]

[F130(8) It is an offence for a groceries retailer to fail, without reasonable excuse, to comply with—

(a)regulation 19(2),

(b)regulation 19(3)(a).

(8A) It is an offence for a groceries retailer to fail to comply with—

(a)regulation 19(3)(b),

(b)regulation 20ZA(1)(a) or (b).

(8B) It is an offence for a retailer to fail to comply with regulation 19(4).

(8C) It is an offence for a hospitality retailer to fail to comply with regulation 20A.]

(9) It is an offence for a return point operator—

(a)to fail, without reasonable excuse, to comply with regulation 20(2),

(b)to fail to comply with regulation 20(3).

[F131(9A) It is an offence for takeback service provider to contravene, without reasonable excuse, regulation 21(1).

(9B) It is an offence for a takeback service provider to fail, without reasonable excuse, to comply with—

(a)regulation 21(7),

(b)regulation 21(9).

(9C) It is an offence for a voluntary return point operator to contravene, without reasonable excuse, regulation 25(1).]

(10) It is an offence for a registered voluntary return point operator to fail, without reasonable excuse, to comply with regulation 25(8)(b).

(11) It is an offence for a person to obstruct or fail to assist an authorised person exercising the enforcement powers under regulation 30(4).

(12) It is an offence for a person served with a notice in accordance with regulation 30(4)(l) to fail, without reasonable excuse, to comply with that notice.

(13) It is an offence for a person to purport to act as a scheme administrator without being approved under regulation 15.

(14) Where a person is charged with an offence under paragraphs (1), [F132(8A)(a) or (b), (8B) or (8C)], or (9)(b), it is a defence for that person to show that person took all reasonable precautions and exercised all due diligence to prevent the offence being committed.

(15) A person guilty of an offence under this regulation is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum,

(b)on conviction on indictment, to a fine.

(16) Where—

(a)an offence has been committed by a body corporate or a Scottish partnership or other unincorporated association, and

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i)a relevant individual, or

(ii)an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(17) In paragraph (16), “relevant individual” means—

(a)in relation to a body corporate—

(i)a director, manager, secretary or some other similar officer or person,

(ii)where the affairs of the body are managed by its members, a member,

(b)in relation to a Scottish partnership, a partner,

(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Textual Amendments

Prospective

PART 8SReview of these Regulations

Duty to review these RegulationsS

32.—(1) The Scottish Ministers must, before [F1331 October 2032]—

(a)carry out a review of the operation of these Regulations,

(b)set out the conclusions of the review in a report, and

(c)lay that report before the Scottish Parliament.

(2) When carrying out the review, the Scottish Ministers must consult—

(a)SEPA,

(b)any scheme administrator, and

(c)any other persons the Scottish Ministers consider appropriate.

(3) The review must, in particular, consider the following—

(a)the materials included in the definition of scheme article and scheme packaging in regulation 3,

F134(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the collection targets in schedule 3.

Textual Amendments

ROSEANNA CUNNINGHAM

A member of the Scottish Government

St Andrew’s House,

Edinburgh

SCHEDULES

Regulation 7(3)(b)

SCHEDULE 1SProducer Registration: Information to be contained in an application for producer registration

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

Commencement Information

I15Sch. 1 para. 1 in force at 1.1.2022, see reg. 1(4)

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

Commencement Information

I16Sch. 1 para. 2 in force at 1.1.2022, see reg. 1(4)

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

Commencement Information

I17Sch. 1 para. 3 in force at 1.1.2022, see reg. 1(4)

4.  The name and telephone number of a contact person for the producer, and, where available, a fax number and email address for that person.S

Commencement Information

I18Sch. 1 para. 4 in force at 1.1.2022, see reg. 1(4)

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

Commencement Information

I19Sch. 1 para. 5 in force at 1.1.2022, see reg. 1(4)

6.  Where relevant, the code for an activity in the UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007)(5), as amended from time to time.S

Commencement Information

I20Sch. 1 para. 6 in force at 1.1.2022, see reg. 1(4)

[F1357.  The number of scheme articles that the producer anticipates it will place on the market, offer for sale or sell for the purposes of retail sale in Scotland in any relevant year, or within any time period as reasonably determined by the scheme administrator, together with information about—S

(a)whether the scheme packaging in which those scheme articles are to be contained or sold is to be made wholly or mainly from PET plastic, steel or aluminium,

(b)the sizes of the scheme packaging in which those scheme articles are to contained or sold, and

(c)if any of the scheme articles are to be made available in multipacks, the size of those multipacks.]

Textual Amendments

F135 Sch. 1 paras. 7, 8 substituted for sch. 1 paras. 7-12 (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 30

Commencement Information

I21Sch. 1 para. 7 in force at 1.1.2022, see reg. 1(4)

[F1358.  In relation to any low volume drink product produced by the producer, the number of low volume drink products that the producer anticipates it will place on the market, offer for sale or sell for the purposes of retail sale in Scotland in any relevant year, or within any time period as reasonably determined by the scheme administrator, together with information about—S

(a)whether the packaging material which is designed or conceived to come into direct contact with those low volume drink products is to be made wholly or mainly from PET plastic, steel or aluminium,

(b)the sizes of that packaging in which those low volume drink products are to be contained or sold, and

(c)if any of low volume drink products are to be made available in multipacks, the size of those multipacks.]

Textual Amendments

F135 Sch. 1 paras. 7, 8 substituted for sch. 1 paras. 7-12 (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 30

Commencement Information

I22Sch. 1 para. 8 in force at 1.1.2022, see reg. 1(4)

F1359.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F135 Sch. 1 paras. 7, 8 substituted for sch. 1 paras. 7-12 (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 30

F13510.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F135 Sch. 1 paras. 7, 8 substituted for sch. 1 paras. 7-12 (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 30

F13511.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F135 Sch. 1 paras. 7, 8 substituted for sch. 1 paras. 7-12 (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 30

F13512.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F135 Sch. 1 paras. 7, 8 substituted for sch. 1 paras. 7-12 (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 30

Regulation 20ZA(2)

[F136SCHEDULE 1ASInformation to be contained in an application for registration of a groceries retailer operating a return point

Textual Amendments

1.  The name (including business name) of the groceries retailer.S

2.  The address and telephone number of the registered or principal office of the groceries retailer.S

3.  Where the groceries retailer is a company, the company registration number as kept by Companies House, if applicable.S

4.  The name and telephone number of a contact person for the groceries retailer, and, where available, an email address for that person.S

5.  Where the groceries retailer is a partnership, the names of all the partners.S

6.  The address of each premises in respect of which the groceries retailer is required to operate a return point.]S

Regulation 21(4)

[F137SCHEDULE 1BSInformation to be contained in the application for registration of a takeback service provider

Textual Amendments

1.  The name (including business name) of the person who will be the takeback service provider.S

2.  The address and telephone number of the registered or principal office of that takeback service provider.S

3.  Where that takeback service provider is a company, the company registration number as kept by Companies House, if applicable.S

4.  Where that takeback service provider is a partnership, the names of all the partners.S

5.  The name and telephone number of a contact person for that takeback service provider, and, where available, an email address for that person.S

6.  Information which demonstrates—S

(a)that the person applying for registration has sufficient resources to set up and operate the proposed takeback service for at least 12 months,

(b)the number of items of scheme packaging or returnable packaging that the person estimates will be collected during each month and the basis for that estimate, and

(c)how the person intends to manage the expected volume of returns of scheme packaging and returnable packaging.]

Regulation 24(2)

[F138SCHEDULE 1CSInformation to be contained in the application for a return point exemption

Textual Amendments

1.  The name (including business name) of the groceries retailer making an application for a return point exemption.S

2.  The address and telephone number of the registered or principal office of the groceries retailer.S

3.  Where the groceries retailer is a company, the company registration number as kept by Companies House, if applicable.S

4.  The name and telephone number of a contact person for the groceries retailer, and, where available, an email address for that groceries retailer.S

5.  Where the groceries retailer is a partnership, the names of all the partners.S

6.  Information about the location of the alternative return point, if the application is being made under regulation 22(a).S

7.  The information specified in paragraph 8, if the application is being made under regulation 22(b).S

8.  The specified information is information to demonstrate that the location, layout, design, or construction of the retail premises does not permit, or cannot be reasonably altered to permit, the operation of a return point on the premises.]S

Regulation 14(2)(b)

F139SCHEDULE 2SScheme administrator approval: Information to be contained in an application for scheme administrator approval

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 11(1)(h)

SCHEDULE 3SCollection targets

[F1401.  The minimum collection targets which a scheme administrator must meet in respect of scheme packaging containing a scheme article in each calendar year are as follows—S

(a)for the calendar year beginning 1 January 2028 and ending 31 December 2028, 70% of the number of items of scheme packaging first made available to be marketed, offered for sale or sold for the purposes of retail sale in Scotland by registered producers in that calendar year,

(b)for the calendar year beginning 1 January 2029 and ending 31 December 2029, 80% of the number of items of scheme packaging first made available to be marketed, offered for sale or sold for the purposes of retail sale in Scotland by registered producers in that calendar year,

(c)subject to paragraph 2, for the calendar year beginning 1 January 2030 and each subsequent calendar year, 90% of the number of items of scheme packaging first made available to be marketed, offered for sale or sold for the purposes of retail sale in Scotland by registered producers in that calendar year.]

Textual Amendments

F140Sch. 3 paras. 1, 2 substituted for sch. 3 para. 1 (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 32

Commencement Information

I23Sch. 3 para. 1 in force at 1.1.2022, see reg. 1(4)

[F1402.  The target in paragraph 1(c) must include a minimum of—S

(a)85% of the number of items of scheme packaging first made available to be marketed, offered for sale or sold for the purposes of retail sale in Scotland by registered producers made mainly or wholly from PET plastic,

(b)85% of the number of items of scheme packaging first made available to be marketed, offered for sale or sold for the purposes of its retail sale in Scotland by registered producers made mainly or wholly from steel or aluminium.]

Textual Amendments

F140Sch. 3 paras. 1, 2 substituted for sch. 3 para. 1 (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 32

Regulation 25(2)(b)

SCHEDULE 4SRegistration of a voluntary return point operator: Information to be contained in an application for registration

1.  The name (including business name), of the person who will be the return point operator.S

Commencement Information

I24Sch. 4 para. 1 in force at 1.1.2021, see reg. 1(3)

2.  The address and telephone number of the registered or principal office of that operator.S

Commencement Information

I25Sch. 4 para. 2 in force at 1.1.2021, see reg. 1(3)

3.  The address and telephone number of the proposed return point if different from that in paragraph 2.S

Commencement Information

I26Sch. 4 para. 3 in force at 1.1.2021, see reg. 1(3)

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

(a)the physical location of it,

(b)routes of access to it, and

(c)its proposed hours of operation.

Commencement Information

I27Sch. 4 para. 4 in force at 1.1.2021, see reg. 1(3)

5.  Information which demonstrates—S

(a)that the applicant has sufficient resources to set up and operate the return point for the first year of operation,

(b)the number of items of scheme packaging the applicant expects to be returned to them in an average month and how this has been calculated,

(c)how the applicant intends to manage this volume of returns.

Commencement Information

I28Sch. 4 para. 5 in force at 1.1.2021, see reg. 1(3)

[F1416.  Whether the applicant intends, in relation to a single proposed return by a consumer that contains a number of items of scheme packaging or returnable packaging, to impose a limit on the maximum number of items of scheme packaging or returnable packaging that the applicant will accept as part of a single return in accordance with regulation 20(4)(h), and if the applicant does so intend, what that limit is.]S

Textual Amendments

F142SCHEDULE 5SLOW VOLUME DRINK PRODUCTS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the operation of a deposit and return scheme (“the scheme”) for “scheme articles”, which are drinks that are intended to be sold to consumers in Scotland and are contained in single-use packaging made from polyethelene terephthalate plastic, glass, aluminium and steel, and “scheme packaging”, being the packaging for those articles.

Regulations 2 and 3 define terms used in these Regulations, including scheme articles and scheme packaging to which these Regulations apply.

Regulation 4 prohibits the marketing (including through online retail or vending machine sales) or sale to a consumer in Scotland of scheme articles, if the producer of those articles did not make them available for the purposes of retail sale in Scotland, or if the producer is not registered with SEPA in accordance with chapter 2 of Part 3 of these Regulations.

Regulation 5 provides that when a scheme article is sold in Scotland a deposit of 20 pence must be charged. The seller must also make it clear by providing information to the purchaser that the product is a scheme article and its packaging can be returned in exchange for a deposit, and must inform the purchaser where the item is not a scheme article. These obligations do not apply in the case of sales of articles in export shops, exclusively for consumption on the premises of sale or made available for the purposes of their retail sale outside Scotland.

Regulation 6 defines producers as either the brand owner (for scheme articles branded in the United Kingdom) or the importer (for scheme articles branded outside the United Kingdom).

Regulations 7 to 9 and schedule 1 set out the requirements and procedures for registering producers for the purposes of the scheme. Producers can either register directly with SEPA and discharge the producer obligations themselves, or through a scheme administrator (approved in accordance with Part 4 of these Regulations), in which case that scheme administrator is responsible for discharging those obligations on behalf of those producers. Once registered a producer’s registration only ends if cancelled by SEPA. SEPA may cancel registration if a producer fails to comply with producer obligations, or fails to submit an application for registration annually.

Regulations 10 and 11, and schedule 3 make provision about the obligations on registered producers (which must be discharged by a registered producer, or by a scheme administrator on behalf of a producer registered through that scheme administrator). These include collection of a target percentage of the scheme packaging which they place on the market in a calendar year, collecting their own scheme packaging from retailers and return points, accepting the return of their scheme packaging from wholesalers and reimbursing deposits for any packaging returned or collected.

Regulation 12 makes provision about obligations on producers whose registration and obligations under regulations 10 and 11 are discharged by a scheme administrator.

Regulation 13 provides for a scheme administrator, defines what a scheme administrator is and provides for their approval by the Scottish Ministers.

Regulations 14 and 15, and schedule 2 provide for the procedure for approval by the Scottish Ministers of a scheme administrator. A scheme administrator must submit an application providing the information specified in schedule 2. Once registered a scheme administrator remains approved unless or until that approval is withdrawn by the Scottish Ministers. Regulation 16 sets out the obligations imposed on a scheme administrator and regulation 17 provides under which the Scottish Ministers may withdraw approval. Withdrawal of approval can be triggered by the scheme administrator’s failure to comply with the obligations imposed on them in regulation 16, the scheme administrator knowingly or recklessly supplying false information to the Scottish Ministers or SEPA, if the scheme administrator commits an offence or if there is a change in the information provided on application for approval. The Scottish Ministers must withdraw approval if a scheme administrator notifies them that it intends to cease operating as a scheme administrator.

Regulation 18 defines a retailer as a person who markets, offers for sale or sells a scheme article to a consumer in Scotland (which includes online retail sale operators and vending machine operators).

Regulation 19 provides for obligations of retailers to operate a return point at a premises from which sales of scheme articles are made. Retailers who have been granted an exemption by the Scottish Ministers, retailers selling by way of distance sales and export shops, and vending machine operators are exempt from having to run a return point. Retailers must also ensure that information about how a deposit can be redeemed must be displayed where scheme articles are displayed for sale.

Regulation 20 provides for obligations of return point operators to accept (subject to certain exceptions) and retain for collection by or on behalf of producers, items of scheme packaging which have been returned by consumers, and to pay a deposit to the consumer for every item of packaging returned by that consumer.

Regulation 21 provides for obligations of retailers selling scheme articles by means of distance sales to provide takeback services to consumers who have purchased those items, to enable those consumers to return items of scheme packaging.

Regulations 22 to 24 enable the granting of exemptions by the Scottish Ministers (whether or not on receipt of an application by a retailer) in respect of the obligation to operate a return point at retail premises. That is subject to the Scottish Ministers being satisfied that there is an alternative return point within a reasonable proximity to the premises, and that consumers will still have reasonable access to a return point. An alternative exemption may be granted by the Scottish Ministers if they are satisfied that it is not possible for a retailer to operate a return point on their premises without significant risk of breaching legal obligations relating to environmental health.

Regulation 25 and schedule 4 make provision for a person to apply to register with the Scottish Ministers to operate a voluntary return point from premises other than retail premises.

Regulations 26 to 29 provide for a process for appeals against and reviews of decisions of SEPA or the Scottish Ministers including decisions in relation to registration of producers, and approval of scheme administrators.

Regulation 30 provides powers for SEPA (through persons authorised in writing for that purpose) to enforce the requirements arising under these Regulations, including powers of entry to premises other than domestic premises.

Regulation 31 provides for offences, and for penalties on conviction of an offence.

Regulation 32 requires the Scottish Ministers to review the operation of these Regulations. The review must be completed, and a report of the review must be laid before the Scottish Parliament, before 1 October 2026.

A draft of these Regulations was notified to the European Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society Services (OJ No L 241, 17.9.2015, p.1).

A Business Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government, Environmental Quality Division, Area 3H South, Victoria Quay, Edinburgh, EH6 6QQ, and online at legislation.gov.uk.

(3)

SEPA is established by section 20 of the Environment Act 1995 (c.25).

(4)

2000 c.7. Section 15(1) was amended by paragraph 158 of schedule 17 of the Communications Act 2003 (c.21).

(5)

A copy of the UK Standard Industrial Classification of Economic Activities can be found at: https://www.ons.gov.uk/methodology/classificationsandstandards/ukstandardindustrialclassificationofeconomicactivities .