The Deposit and Return Scheme for Scotland Regulations 2020

Made: 19th May 2020

Coming into force

In accordance with section 96(4) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

PART 1 — General

Citation and commencement

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• (1) These Regulations may be cited as the Deposit and Return Scheme for Scotland Regulations 2020.

• (2) Parts 1, 4 and 6 come into force on the day after the day on which these Regulations are made.

• (3) In Part 5, regulations 22 to 25 come into force on 1 January 2021.

• (4) Part 3 comes into force on 1 January 2022.

• (4A) In Part 5, regulations 19, 20 and 21 come into force on 1 July 2025 for the purposes only of registration of groceries retailers, return point operators and takeback service providers.

• (5) Parts 2 , 7 and 8, and regulations 19, 20 and 21 for all purposes and the remaining provisions of Part 5 come into force on 1 October 2027.

Interpretation

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• (1) In these Regulations—

• “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,

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

• “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[^f00002],

• “groceries” means one or more of the following sold by a retailer—food suitable for human consumption (other than sold exclusively for consumption on the premises of sale),scheme articles or other drinks (alcoholic and non-alcoholic, other than sold exclusively for consumption on the premises of sale),pet food,cleaning products,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,

• “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 ... for the purpose of its consumption on the premises of sale,

• ...

• “low volume drink product” means a drink (regardless of whether it is sold alone or as part of a multipack) that—meets the criteria in sub-paragraphs (a), (b) and (c) of the definition of “scheme article” in regulation 3(2),the producer markets, offers for sale or sells for the purpose of its retail sale in the United Kingdom in a quantity which will not exceed— 6250 units in the first relevant year,5000 units in any other relevant year,

• “non-scheme article” has the meaning given in regulation 3(2),

• “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 polyethylene terephthalate,

• “producer”, in relation to a—scheme article, has the meaning given in regulation 6(A1) to (2),low volume drink product, has the meaning given in regulation 6(2A) to (2D),

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

• ...

• “relevant year” means—the period beginning on 1st October 2027 and ending on 31st December 2028 (“first relevant year”), orthe 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,

• “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 or returnable packaging and receive payment of a sum equal to the deposit for each item of scheme packaging or returnable packaging returned,

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

• “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),

• “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,

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

• “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),

• “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[^f00003],

• “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—the amount of the deposit on the date on which the item of scheme packaging is returned,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 21(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),

• ...

• “writing” and “written” include electronic communications within the meaning of section 15(1) (general interpretation) of the Electronic Communications Act 2000[^f00004], 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).

• (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.

Scheme articles and scheme packaging

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• (1) The deposit and return scheme established by these Regulations applies to—

• (a) a scheme article, and

• (b) scheme packaging in which a scheme article is contained or sold.

• (2) For the purposes of these Regulations—

• “non-scheme article” means an article that meets the criteria in sub-paragraphs (a) and (c) of the definition of “scheme article” in this paragraph, but does not meet the criteria in sub-paragraph (b) of that definition,

• “non-Scottish article” means an article that meets the criteria in sub-paragraphs (a) and (b) of the definition of “scheme article” in this paragraph, but does not meet the criteria in sub-paragraph (c) of that definition,

• “returnable packaging” means an item of packaging in which a drink was contained or sold and which is subject to any other deposit and return scheme established in another part of the United Kingdom,

• “scheme article” means a drink (regardless of whether it is sold alone or as a unit in a multipack) that is—contained and sold in packaging that—is made wholly or mainly from PET plastic, ... steel or aluminium,is conceived or designed to—contain at least 150 millilitres and no more than 3 litres of liquid, andbe sealed in an airtight and watertight state at the point of sale,cannot be returned to its state at the point of sale by the consumer, andis single-use packaging,first made available to be marketed, offered for sale or sold by the producer on or after 1 October 2027, ...made available to be marketed, offered for sale or sold by the producer for the purposes of its retail sale in Scotland , andis not a low volume drink product,

• “scheme packaging” means the packaging for a scheme article that is conceived or designed to come in direct contact with the drink, and does not include packaging conceived or designed to group together multiple components in a multipack.

• “single-use packaging” means packaging for a drink that is not conceived, designed or placed on the market to accomplish, within its life span—multiple refills by a consumer,multiple trips or rotations by being returned to a producer to be refilled by that producer for the same purpose for which it was conceived.

PART 2 — The deposit and return scheme

Sale of articles

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• (1) Where an article meets the criteria in both sub-paragraphs (a) and (b) of the definition of “scheme article” in regulation 3(2), a person may only market, offer for sale or sell that article to a consumer in Scotland if it also complies with paragraph (c) of that definition.

• (2) A person may only market, offer for sale or sell a scheme article to a consumer in Scotland if the producer of that article for the purposes of regulation 6(1), is a registered producer.

• (3) For the purpose of paragraphs (1) and (2) the following is to be regarded as the person who markets, offers for sale or sells the scheme article—

• (a) in the case of an online retail sale, the operator,

• (b) in the case of a vending machine sale—

• (i) where the machine is marked with the name and address of its owner, that owner, or

• (ii) otherwise, the person with the management and control of the premises on which the machine stands or to which it is affixed.

Obligations relating to charging deposits and marketing, offering for sale or selling articles

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• (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 1 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.

• (3A) Any person who markets, offers for sale or sells a non-Scottish article in Scotland on or after 1 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.

• (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) , (3), (3B), (3C), (3D) or (3F) do not apply—

• (a) in the case of a scheme article , 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 , non-scheme article, scheme multipack or low volume drink product which is intended for retail sale outside Scotland.

PART 3 — Producers

CHAPTER 1 — Definition of a producer

Producers

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• (A1) A producer in respect of a scheme article which meets the conditions set out in paragraph (B1) is the retailer.

• (B1) The conditions are that—

• (a) an item of scheme packaging containing the scheme article is filled and sealed by the retailer, and

• (b) the scheme article is sold by the retailer to a consumer for consumption in any place other than on the premises of sale.

• (1) A producer in respect of any other scheme article is—

• (a) in the case of a scheme article branded in the United Kingdom, the brand owner,

• (b) in the case of a scheme article branded by a brand owner outside the United Kingdom, the importer.

• (2) The operator in respect of an online retail sale is to be regarded as the importer for the purposes of paragraph (1) where a scheme article is being sold—

• (a) for the first time in the United Kingdom,

• (b) to a consumer in Scotland, and

• (c) by way of a retail sale.

• (2A) A producer in respect of a low volume drink product which meets the conditions set out in paragraph (2B) is the person who markets, offers for sale or sells a low volume drink product to a consumer in Scotland (“the low volume drink product retailer”).

• (2B) The conditions are that—

• (a) an item of packaging, in which that low volume drink product is contained or sold, is filled and sealed by the low volume drink product retailer, and

• (b) the low volume drink product is sold by the low volume drink product retailer to a consumer for consumption in any place other than on the premises of sale.

• (2C) A producer in respect of any other low volume drink product is—

• (a) in the case of a low volume drink product branded in the United Kingdom, the brand owner,

• (b) in the case of a low volume drink product branded by a brand owner outside the United Kingdom, the importer.

• (2D) The operator in respect of an online retail sale is to be regarded as the importer for the purposes of paragraph (2C) where a low volume drink product is being sold—

• (a) for the first time in the United Kingdom,

• (b) to a consumer in Scotland, and

• (c) by way of a retail sale.

• (3) In this regulation—

• “brand owner” means the person who, in the course of a trade, business, craft or profession, puts a name, trade mark or other distinguishing mark on a scheme article or scheme packaging , or, as the case may be, on a low volume drink product or on packaging for that low volume drink product, by which the person is held out to be a manufacturer or the originator of the scheme article , or, as the case may be, the low volume drink product, and “branded” is to be construed accordingly,

• “importer” means the person who, in the course of a trade, business, craft or profession, first markets, offers for sale or sells the scheme article , or, as the case may be, the low volume drink product, in the United Kingdom.

CHAPTER 2 — Registration of a producer

Application for registration of a producer

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• (1) An application for registration of a producer must be made to the scheme administrator by the producer.

• (2) An application for registration of a producer must be made—