(2) For the purpose of paragraph (1), the following is to be regarded as the person who markets, offers for sale or sells the low volume drink product—

(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.

(3) Any person who markets, offers for sale or sells a low volume drink product in Scotland on or after 1 October 2027 must communicate to the purchaser at the point of sale that—

(a) the product is not a scheme article to which the requirements of these Regulations apply,

(b) an item of packaging in which that low volume drink product is contained or sold cannot be returned in exchange for payment of a sum equal to a deposit.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

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SCHEDULE 5 — LOW VOLUME DRINK PRODUCTS

Producer of a low volume drink product

1

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2

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3

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4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to be listed by producer of a low volume drink product

5

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6

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7

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8

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9

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10

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11

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12

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Cancellation of listing of producer of a low volume drink product

13

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Obligations of listed producer of a low volume drink product

14

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Interpretation

15

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Collection etc. of scheme packaging and returnable packaging from return point operators, hospitality retailers and takeback service providers and connected payment

16A

(1) The scheme administrator must—

(a) collect from return point operators all of the scheme packaging or returnable packaging accepted by those return point operators,

(b) collect from hospitality retailers all of the scheme packaging kept by those hospitality retailers,

(c) collect, or accept the return of, all of the scheme packaging or returnable packaging accepted by takeback service providers.

(2) The scheme administrator must pay each return point operator from whom it collects scheme packaging or returnable packaging—

(a) the sum equal to the deposit for each item of scheme packaging or returnable packaging that it collects from the return point operator, and

(b) the handling payment determined by the scheme administrator under article 14 (handling payment) of the Designation Order 2025.

(3) The scheme administrator must pay hospitality retailers from whom it collects any scheme packaging the total amount of sums equal to the deposits which have been paid by those hospitality retailers in respect of the collected scheme packaging.

(4) The scheme administrator must pay each takeback service provider from whom it collects, or accepts, scheme packaging or returnable packaging the sum equal to the deposit for each item of scheme packaging or returnable packaging that it collects, or accepts, from takeback service provider.

(5) The scheme administrator must make any payment required under paragraphs (2)(a), (3) or (4)—

(a) at such intervals, and

(b) in such manner

as are determined in accordance with its approved operational plan.

Information about returns data

16B

(1) A scheme administrator must—

(a) supply returns data to its registered producers,

(b) inform each registered producer, in such manner and at such intervals as are determined in accordance with its operational plan, of how many of each of the producer’s scheme articles were returned to the scheme administrator and in respect of which sums equal to the deposit were paid, within a particular time period, and

(2) In paragraph (1) “returns data” means—

(a) information that enables registered producers to determine the number of scheme articles returned or not returned to the scheme administrator, including the proportion of returns by product,

(b) information about deposits that are unredeemed,

(d) information about returns received by the scheme administrator from any other scheme administrator of a deposit and return scheme established in another part of the United Kingdom.

Withdrawal of approval of a scheme administrator

Application for registration of a groceries retailer as return point operator

20ZA

(1) An application for registration of a groceries retailer as a return point operator must be made to the scheme administrator—

(a) before 1 October 2027, or

(b) where the person is not a groceries retailer at that date, within 28 days of a person becoming a groceries retailer.

(2) An application for registration must—

(a) be made in writing,

(b) contain the information set out in schedule 1A, and

(3) Where the application is granted, the return point operator will be treated as registered from the date specified by the scheme administrator under article 27(1)(b) (registration of the groceries retailer as a return point operator) of the Designation Order 2025.

(4) A groceries retailer which is registered as a return point operator must—

(a) comply with the obligations in regulation 20, and

(b) notify the scheme administrator of any material change in the information provided in accordance with paragraph (2) within 28 days of the date of the change.

Effect of making an application for a return point exemption: applications ongoing at 1st October 2027

20ZB

(1) This regulation applies where—

(a) a groceries retailer applies for an exemption under regulation 20ZA before 1st October 2027, and

(b) the scheme administrator has not made a decision on that application by the end of 30th September 2027.

(2) Irrespective of the final outcome of the exemption application, the groceries retailer is not required to operate a return point in respect of the premises specified in the exemption application during the period—

(a) beginning with 1st October 2027, and

(b) ending—

(i) if the return point exemption is granted, immediately before the exemption takes effect,

(ii) if the return point exemption is refused and the groceries retailer has asked the scheme administrator to review its decision under article 20 (internal review of decisions made by the scheme administrator) of the Designation Order 2025, at the end of the period during which the review is carried out,

(iii) if the return point exemption is refused and the groceries retailer has not asked the scheme administrator to review its decision under article 20 of the Designation Order 2025, at the end of the period within which the groceries retailer could have asked the scheme administrator to review its decision under article 20 of the Designation Order 2025.

Effect of making an application for a return point exemption: person becoming a groceries retailer on or after 1st October 2027

20ZC

(1) This regulation applies where a person who becomes a groceries retailer on or after 1st October 2027 applies for an exemption under regulation 20ZA.

(2) The groceries retailer is not required to operate a return point in respect of the premises specified in the exemption application during the period—

(a) beginning with the day on which the application is received by the scheme administrator, and

(b) ending—

(i) if the return point exemption is granted, immediately before the exemption takes effect,

(ii) if the return point exemption is refused and the groceries retailer has asked the scheme administrator to review its decision under article 20 of the Designation Order 2025, at the end of the period during which the review is carried out,

(iii) if the return point exemption is refused and the groceries retailer has not asked the scheme administrator to review its decision under article 20 of the Designation Order 2025, at the end of the period within which the groceries retailer could have asked the scheme administrator to review its decision under article 20 of the Designation Order 2025.

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