- Latest available (Revised)
- Point in Time (30/06/2023)
- Original (As made)
Point in time view as at 30/06/2023. This version of this part contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the The Deposit and Return Scheme for Scotland Regulations 2020, PART 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
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
5.—(1) A deposit is a redeemable sum of 20 pence that does not form part of the consideration paid for the scheme article.
(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 [F11 October 2025] 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.
[F2(3A) Any person who markets, offers for sale or sells a non-Scottish article in Scotland on or after [F31 October 2025] 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.]
(4) The obligations in paragraphs (2) and (3) do not apply—
(a)in the case of a scheme article or non-scheme article 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 or non-scheme article which is intended for retail sale outside Scotland.
Textual Amendments
F1Words in reg. 5(3) substituted (3.11.2023) by The Deposit and Return Scheme for Scotland (Miscellaneous Amendment) Regulations 2023 (S.S.I. 2023/334), regs. 1, 5(a)
F2Reg. 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)
F3Words in reg. 5(3A) substituted (3.11.2023) by The Deposit and Return Scheme for Scotland (Miscellaneous Amendment) Regulations 2023 (S.S.I. 2023/334), regs. 1, 5(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: