The Deposit and Return Scheme for Scotland Regulations 2020

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InterpretationS

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2.—(1) In these Regulations—

[F1“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,

[F2“deposit” has the meaning given in article 2 (interpretation) of the Designation Order 2025”,]

[F2“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(1),

[F3“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,]

[F3“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 F4... for the purpose of its consumption on the premises of sale,

F5...

[F6“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 [F7the 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),

[F8“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 [F9polyethylene] terephthalate,

[F10“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 [F11regulation 6(2A) to (2D)],]

“registered producer” means a producer registered with [F12the scheme administrator] for the purposes of these Regulations in accordance with [F13chapter 1 of Part 3 of the Designation Order 2025],

F14...

[F15“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,

[F16“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 [F17or returnable packaging] and receive payment of a sum equal to the deposit for each item of scheme packaging [F17or returnable packaging] returned,

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

[F18“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),

[F19“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,]

[F19“scheme multipack” means a multipack which contains scheme articles (whether or not it contains any other items),]

[F19“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),

[F20“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(2),

[F21“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 [F2221(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),

F23...

“writing” and “written” include electronic communications within the meaning of section 15(1) (general interpretation) of the Electronic Communications Act 2000(3), 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).

[F24(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

F1Words in reg. 2(1) inserted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 4(1)(a)

F2Words in reg. 2(1) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 4(1)(b)

F3Words in reg. 2(1) inserted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 4(1)(c)

F4Word in reg. 2(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, 4(1)(d)

F5Words in reg. 2(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, 4(1)(e)

F6Words in reg. 2(1) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 5(a) (with reg. 22)

F7Words in reg. 2(1) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 4(1)(f)

F8Words in reg. 2(1) inserted (25.2.2022) by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76), regs. 1(1), 4(a) (with reg. 15)

F9Word in reg. 2(1) substituted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 5(b) (with reg. 22)

F10Words in reg. 2(1) substituted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 5(c) (with reg. 22)

F11Words in reg. 2(1) substituted (20.6.2025) by virtue of The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 4(1)(g)