- Latest available (Revised)
- Original (As made)
The Deposit and Return Scheme for Scotland Regulations 2020
You are here:
- Scottish Statutory Instruments
- 2020 No. 154
- PART 2
- Regulation 5
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Status:
This version of this provision is prospective.
Status
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:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
The Deposit and Return Scheme for Scotland Regulations 2020, Section 5 is up to date with all changes known to be in force on or before 20 July 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Regulation 5:
- reg. 5 coming into force by S.S.I. 2020/154 reg. 1(5)
Prospective
Obligations relating to charging deposits and marketing, offering for sale or selling articlesS
This section has no associated Policy Notes
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)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
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.
See additional information alongside the content
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
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.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
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.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.