The Packaging Waste (Data Reporting) (Scotland) Regulations 2023
PART 1General
1Citation and commencement
2Interpretation
3Establishment in Scotland and the United Kingdom
4Modifications of the Waste Directive
5Drink
6Packaging and packaging categories
7Household packaging
8Producers
9Licensors and pub operating businesses
10Supply
11Threshold criteria for large and small producers
12Exempt packaging
13Exclusion of charities from data collection and data reporting obligations
14Incapacity etc.
PART 2
Producers and obligations
15Producer obligations
16Data collection obligations
17Data reporting obligations
18Notification of winding-up, receivership, administration, etc.
PART 3Producers and schemes
19Producers and scheme membership
20Schemes: general provisions
21Mid-year changes
PART 4
SEPA’s powers and duties
22Publication of items recycled by relevant authorities
23Monitoring
24Approved persons
25Delegation of approved persons’ functions: procedure
26Entry and inspection
27Information sharing
PART 5Enforcement
28Offences and penalties
SCHEDULE 1Collection and reporting information
PART 1Interpretation
1In this schedule— (a) “commencement date” means the date on...
PART 2
General Information
2The name, address and telephone number of the registered office...
3The business name of the producer if different from that...
4The name and contact details for the individual at the...
5The address for service of notices on the producer if...
6Where the producer is a partnership, the names of all...
7Each class of producer to which the applicant belongs.
8If they belong to more than one class of producer,...
9Where the producer is a brand owner—
PART 3Information required from brand owners, packer/fillers, importers, distributors and service providers
10(1) This Part applies to producers who are—
11The weight in kilograms of packaging in each packaging category...
12The weight in kilograms of household packaging in each packaging...
13(1) A breakdown for the packaging supplied in each packaging...
14Producers who are brand owners must also keep records of,...
15Producers who are distributors must also, for each large producer...
16Where the producer has instituted a system of reusable primary...
17(1) The weight in kilograms of household packaging supplied by...
PART 4Information required from online marketplace operators
18Producers who are online marketplace operators— (a) must keep records...
19The weight in kilograms of packaging in each packaging category...
20The weight in kilograms of household packaging in each packaging...
PART 5Supply and discarding of packaging by nation
21Producers who are subject to the data collection obligations in...
22(1) The weight in kilograms of— (a) all packaging the...
23(1) The amount of relevant packaging waste the producer has...
SCHEDULE 2Licensors and Pub Operating Businesses
PART 1General
1(1) A head organisation is subject to data collection obligations...
2(1) The situations referred to in paragraph 1 above are...
3Where the head organisation does not have the information necessary...
4For the purposes of this schedule— (a) “head organisation” means...
PART 2Licensors
5Where the head organisation is a licensor, for the purposes...
6Where the head organisation is a licensor—
PART 3Pub operating businesses
7(1) Where the head organisation is a pub operating business,...
8Where the head organisation is a pub operating business—

2023 No. 7

Environmental Protection

The Packaging Waste (Data Reporting) (Scotland) Regulations 2023

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 18 and 58, and paragraphs 14, 17, 19, 22, 31, 32 and 33 of schedule 2 of the Regulatory Reform (Scotland) Act 2014 (the “2014 Act”)1 and all other powers enabling them to do so.

In accordance with section 19(1) of the 2014 Act, the Scottish Ministers have consulted the Scottish Environment Protection Agency and such other persons as they thought fit, including such persons appearing to them to be representative of the interests of local government, industry, agriculture, fisheries or small businesses as they considered appropriate.