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The Deposit and Return Scheme for Scotland Regulations 2020
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This version of this part contains provisions that are prospective.
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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.—F1(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 [F21 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.
[F3(3A) Any person who markets, offers for sale or sells a non-Scottish article in Scotland on or after [F41 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.]
[F5(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) [F6, (3), (3B), (3C), (3D) or (3F)] do not apply—
(a)in the case of a scheme article [F7, 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 [F7, non-scheme article, scheme multipack or low volume drink product] which is intended for retail sale outside Scotland.
Textual Amendments
F1Reg. 5(1) omitted (20.6.2025) by virtue of The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 7(a)
F2Words in reg. 5(3) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 7(b)
F3Reg. 5(3A) inserted (25.2.2022) by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76), regs. 1(1), 6(b) (with reg. 15)
F4Words in reg. 5(3A) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 7(c)
F5Reg. 5(3B)-(3F) inserted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 7(d)
F6Words in reg. 5(4) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 7(e)(i)
F7Words in reg. 5(4)(a)(b) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 7(e)(ii)
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