The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025

Meaning of “deposit item”, “scheme producer”, “scheme retailer”, “scheme supplier”, “supply” and related matters

4.—(1) For the purposes of paragraph 1(3) of Schedule 8 to the 2021 Act (items specified as “deposit items”), references in these Regulations to a “deposit item” mean a container drink other than a registered low volume product.

(2) For the purposes of paragraph 1(5)(a) of Schedule 8 to the 2021 Act (persons specified as scheme suppliers), a person who falls within the definition in paragraph (3) of “scheme supplier” or “scheme producer” is a specified person.

(3) In these Regulations—

“manufacturer”, in relation to a container drink, means—

(a)

the person who manufactures the container drink, or

(b)

if the container drink is marketed or otherwise offered for supply under the name, trademark or other distinguishing mark of another person, that other person;

“non-UK container drink” means a container drink from outside the United Kingdom;

“scheme producer” means a person who is established in the United Kingdom and who is—

(a)

a manufacturer of container drinks;

(b)

an importer, or

(c)

a person who fills to order;

“scheme retailer” means a scheme supplier who supplies deposit items to scheme consumers;

“scheme supplier” means a person who—

(a)

is established in the United Kingdom, and

(b)

supplies deposit items.

(4) For the purposes of paragraph (3), it does not matter whether the consumer is present when the container is filled or securely closed (or both).

(5) Subject to paragraph (6), a person (“S”) supplies a container drink if, in the course of a business, S supplies, or offers or agrees to supply, the container drink by way of sale, or in connection with the supply of goods or services—

(a) for consumption in the relevant area, or

(b) with a view to the container drink being consumed in the relevant area.

(6) Where a container drink is offered for supply through a means of distance communication, S supplies that container drink only if—

(a) they determine that it is to be offered for supply through that means of distance communication, and

(b) they provide it for supply.

(7) For the purposes of paragraph (6) it does not matter who undertakes—

(a) to obtain payment for the container drink or any other goods or services, or

(b) to operate or provide the relevant means of distance communication.

(8) In the case of a cross-border distance supply of a container drink, the deposit item is to be treated—

(a) as supplied in England, where the person to whom it is supplied is located in England;

(b) as supplied in Northern Ireland, where the person to whom it is supplied is located in Northern Ireland.

(9) For the purposes of paragraph (8), “cross-border distance supply of a container drink” means the supply of a container drink through a means of distance communication where the person who orders the container drink, or the connected goods or services, from the scheme supplier—

(a) is located in England and the scheme supplier is located outside England;

(b) is located in Northern Ireland and the scheme supplier is located outside Northern Ireland.