These Regulations are the first to be made under powers which include the powers in Schedule 8 to the Environment Act 2021 (c. 30). They establish, in England and Northern Ireland, a deposit scheme for container drinks which are supplied for consumption in England or Northern Ireland. The relevant containers are single-use closed bottles and cans made from polyethylene terephthalate (PET) plastic, steel or aluminium which contain between 150 millilitres and 3 litres of liquid.

From 1st October 2027, anyone in England or Northern Ireland who is supplied with a container drink to which these Regulations apply must pay a deposit to the person who supplies them with that drink, and a person who returns an empty container to a collector will be entitled to a refund. Under the scheme it will also be possible to return and claim a refund for certain empty containers from drinks which were purchased outside of England and Northern Ireland.

Part 1 of the Regulations contains introductory provisions.

Part 2 contains provisions on interpretation.

Part 3 contains provisions relating to the establishment of a deposit scheme for container drinks in England and Northern Ireland. This Part also sets out the circumstances in which a person is not entitled to a refund for a returnable item.

Chapter 1 of Part 4 contains provisions on registration requirements for scheme producers, the obligation of deposit management organisations to keep a register of registered scheme producers and provisions requiring registered scheme producers to keep records relating to the supply of container drinks. Deposit management organisations have powers to obtain information from registered scheme producers and powers relating to the cancellation of registration. Chapter 2 contains provisions relating to registered low volume products. Chapter 3 contains provisions relating to payments by registered scheme producers to deposit management organisations.

Part 5 contains provisions relating to scheme suppliers, including a prohibition on the supply of drinks produced by a scheme producer who is not registered, and provisions relating to the labelling of deposit items, of scheme multipacks and of registered low volume products. Part 5 also contains provisions requiring scheme suppliers to display information about the deposit scheme and about registered low volume products and also provisions giving deposit management organisations the power to obtain information from scheme suppliers.

Part 6 contains provisions relating to the return of returnable items. Chapter 1 of Part 6 contains provisions on items subject to overseas schemes. Chapter 2 contains provisions relating to mandatory return points for container drinks and chapter 3 contains provisions relating to voluntary return points. Chapter 4 contains provisions on information to be provided at return points and chapter 5 contains provisions on take-back services and on the collection or acceptance of returnable items by deposit management organisations. Chapter 6 contains provisions on the register of return points, the register of return point exemptions and the register of take-back service providers and chapter 7 contains provisions on the general obligations of scheme collectors to offer payment for returnable items and to retain them for collection.

Part 7 contains provisions relating to the role of the deposit management organisation as scheme administrator. Chapter 1 contains provisions on the appointment and governance of a deposit management organisation and chapter 2 contains provisions on the issue and administration arrangements for scheme logos, scheme packaging logos and scheme return codes. Chapter 3 contains provisions relating to deposits, including determining the amount of the deposit and the use that may be made of amounts received as deposits. Chapter 4 contains provisions relating to fees for registration, and chapter 5 contains provisions relating to the collection of returnable items, including reviews of the operation of return points. Chapter 6 contains provisions on the recycling of in-scope materials from drinks containers which have been returned. Chapter 7 contains provisions relating to national enforcement authorities and chapter 8 contains provisions relating to deposit management organisations working with other scheme administrators established in Wales, Scotland or overseas. Chapter 9 contains provisions relating to the internal review of decisions made by deposit management organisations. Chapter 10 contains provisions relating to the revocation of a person’s appointment as the deposit management organisation and includes provisions relating to the Secretary of State (or another person) acting as interim scheme administrator until a person is appointed as the deposit management organisation.

Part 8 contains provisions relating to targets for deposit management organisations.

Part 9 contains provisions relating to enforcement. Chapter 2 sets out enforcement powers applicable in England and Northern Ireland respectively and contains powers for the appropriate authorities to require the provision of information. Chapter 3 contains provisions relating to offences and chapter 4 provisions relating to civil sanctions. Chapter 5 contains provisions relating to the publication of enforcement action in a public register.

Part 10 sets out provisions relating to rights of appeal and the procedure on appeal.

Part 11 sets out the functions of the national enforcement authorities.

Part 12 contains provisions for a review of the regulatory provisions contained in these Regulations.

A full impact assessment of the effect that these Regulations will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk, and from the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London, SW1P 4DF.