Legalize / United Kingdom / Public General Act

Environment Act 2021

Type Public General Act

Publication 2021-11-09

Last updated 2025-07-31

State In force

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

(ii) in any other case, with the specific or general consent of the OEP;

(b) made for purposes connected with co-operating with any investigation under paragraph 7 or section 33;

(d) made for purposes connected with any proceedings in relation to a review application, an environmental review, a judicial review or a statutory review (within the meaning given by section 39(8)(b)).

(5) The OEP may not give a person consent to disclose an information notice, a decision notice, a UK information notice or a UK decision notice unless that notice relates only to a matter in relation to which the OEP has concluded that it intends to take no further steps under this Part of this Schedule or under Chapter 2 of Part 1 of this Act.

(6) If a relevant public authority requests the consent of the OEP to disclose correspondence that relates only to a matter in relation to which the OEP has concluded that it intends to take no further steps under this Part of this Schedule or under Chapter 2 of Part 1 of this Act, the OEP may not withhold that consent.

(7) If information referred to in sub-paragraph (1) and held by the OEP, or referred to in sub-paragraph (3) and held by a relevant public authority, is environmental information for the purposes of the Environmental Information Regulations 2004 (S.I. 2004/3391) or the Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), it is held by that person, for the purposes of the application of those regulations to that information, in connection with confidential proceedings.

Meaning of UK environmental law and Northern Ireland environmental law

18

(1) In this Part of this Schedule “UK environmental law” means anything that is environmental law for the purposes of Part 1 of this Act (see section 46), but not anything that is environmental law only for the purposes of section 20.

(2) In this Part of this Schedule “Northern Ireland environmental law” means any Northern Ireland legislative provision that—

(a) is mainly concerned with environmental protection, and

(b) is not concerned with an excluded matter.

(3) Excluded matters are—

(a) disclosure of or access to information;

(b) taxation, spending or the allocation of resources within government.

(4) “Northern Ireland legislative provision” means—

(a) legislative provision contained in, or in an instrument made under, Northern Ireland legislation, and

(b) legislative provision not within paragraph (a) which, if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.

(5) The Department may by regulations provide that a Northern Ireland legislative provision specified in the regulations is, or is not, within the definition of “Northern Ireland environmental law” in sub-paragraph (2) (and this Part of this Schedule applies accordingly).

(6) Before making regulations under sub-paragraph (5) the Department must consult—

(a) the OEP, and

(b) any other persons the Department considers appropriate.

(7) Regulations under sub-paragraph (5) are subject to the affirmative procedure.

Interpretation of Part 1 of this Schedule: general

19

(1) In this Part of this Schedule—

“application for judicial review” is to be read in accordance with paragraph 12(10);

“current environmental improvement plan” has the meaning it has in Schedule 2 (see paragraph 1(8) of that Schedule);

“decision notice” means a notice given under paragraph 10;

“the Department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

“devolved environmental governance body” has the meaning it has in Part 1 of this Act (see section 47);

“devolved environmental governance function” has the meaning it has in Part 1 of this Act (see section 47);

“environmental improvement plan” has the meaning it has in Schedule 2 (see paragraphs 1 and 3(10) of that Schedule);

“environmental protection” has the meaning it has in Schedule 2 (see paragraph 10 of that Schedule);

“environmental review” has the meaning it has in Part 1 of this Act (see section 38);

“implementation body” has the meaning it has in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that section);

“improving the natural environment”, in relation to an environmental improvement plan, is to be read in accordance with paragraph 1(5) of Schedule 2;

“information notice” means a notice given under paragraph 9;

“natural environment” has the meaning it has in Schedule 2 (see paragraph 9 of that Schedule);

“Northern Ireland devolved function” has the meaning given by paragraph 5(5);

“OEP” has the meaning given by section 22;

“parliamentary function” means a function in connection with proceedings in Parliament or the Northern Ireland Assembly;

“relevant department” has the meaning given by paragraph 7(11);

“relevant environmental law” has the meaning given by paragraph 5(2);

“relevant ombudsman” has the meaning it has in Part 1 of this Act (see section 23);

“relevant public authority” has the meaning given by paragraph 5(3);

“review application” has the meaning given by paragraph 12(2);

“UK decision notice” has the meaning given by paragraph 11(11);

“UK information notice” has the meaning given by paragraph 11(11).

(2) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) applies in relation to the laying of a document before the Northern Ireland Assembly under this Part of this Schedule, as it applies in relation to the laying of a statutory document under an Act of the Northern Ireland Assembly.

PART 2 — Amendments of the OEP’s general functions

20

This Act is amended in accordance with paragraphs 21 to 30.

21

(1) Section 23 (principal objective of the OEP and exercise of its functions) is amended as follows.

(2) In subsection (6)—

(a) after paragraph (a) insert—

(aa) how the OEP intends to determine whether failures to comply with relevant environmental law are serious for the purposes of paragraphs 7(1)(b) and (2)(b), 9(1)(b), 10(1)(b), 12(1)(b) and 13(1) and (6) of Schedule 3,

;

(b) at the end of paragraph (b) insert “or paragraph 13(2) of Schedule 3,”;

(d) after paragraph (d) insert—

(da) how the OEP intends to avoid any overlap between the exercise of its functions under paragraphs 6 to 8 of Schedule 3 (complaints) and the exercise by the Northern Ireland Public Services Ombudsman of its functions, and

(3) In subsection (7)(c) after “environmental law” insert “or Northern Ireland environmental law”.

(4) After subsection (7) insert—

(7A) In this section “relevant environmental law” and “Northern Ireland environmental law” have the meanings they have in Part 1 of Schedule 3 (see paragraphs 5 and 18(2) of that Schedule).

(5) In subsection (8) after “sections 32 to 41” insert “and paragraphs 6 to 15 of Schedule 3”.

22

In section 24 (the OEP’s strategy: process), in subsection (1)(a) after “Parliament” insert “and the Northern Ireland Assembly”.

23

(1) Section 25 (guidance on the OEP’s enforcement policy and functions) is amended as follows.

(2) At the end of subsection (1) insert “, so far as relating to the OEP’s Part 1 enforcement functions.”

(3) In subsection (2)—

(a) in paragraph (a) after “policy,” insert “so far as relating to its Part 1 enforcement functions,”;

(b) in paragraph (b) for “enforcement functions” substitute “Part 1 enforcement functions”.

(4) In subsection (3) for “enforcement functions” substitute “Part 1 enforcement functions”.

24

After section 25 (guidance on the OEP’s enforcement policy and functions) insert—

(25A) (1) The Department of Agriculture, Environment and Rural Affairs in Northern Ireland may issue guidance to the OEP on the matters listed in section 23(6) (OEP’s enforcement policy), so far as relating to the OEP’s Northern Ireland enforcement functions. (2) The OEP must have regard to the guidance in— (a) preparing its enforcement policy, so far as relating to its Northern Ireland enforcement functions, and (b) exercising its Northern Ireland enforcement functions. (3) The OEP’s “Northern Ireland enforcement functions” are its functions under paragraphs 6 to 15 of Schedule 3. (4) Before issuing the guidance, the Department must— (a) prepare a draft, and (b) lay the draft before the Northern Ireland Assembly. (5) If before the end of the 21 day period the Northern Ireland Assembly passes a resolution in respect of the draft guidance, the Department must produce a response and lay it before the Assembly. (6) The Department may prepare and lay before the Northern Ireland Assembly the final guidance, but not before— (a) if subsection (5) applies, the day on which the Department lays the response required by that subsection, or (b) otherwise, the end of the 21 day period. (7) The final guidance has effect when it is laid before the Northern Ireland Assembly. (8) The Department must publish the guidance when it comes into effect. (9) The “21 day period” is the period of 21 sitting days beginning with the first sitting day after the day on which the draft guidance is laid under subsection (4). (10) “Sitting day” means a day on which the Northern Ireland Assembly sits. (11) The Department may revise the guidance at any time (and subsections (4) to (10) apply in relation to any revised guidance).

25

(1) Section 27 (co-operation duties of public authorities and the OEP) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (d) for “, the Welsh Ministers, a Northern Ireland department or a Minister within the meaning of the Northern Ireland Act 1998” substitute “or the Welsh Ministers”;

(b) in paragraph (f) for “devolved functions” substitute “Scottish devolved functions or Welsh devolved functions”.

(3) In subsection (3) for “devolved functions”, in both places it occurs, substitute “Scottish devolved functions or Welsh devolved functions”.

(4) After subsection (3) insert—

(3A) An implementation body is only required to co-operate with the OEP by virtue of subsection (1) to the extent that co-operation is in relation to functions of that body exercisable in or as regards Northern Ireland. In this subsection “implementation body” has the meaning it has in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that section).

26

In section 37 (linked notices), after subsection (6) insert—

(6A) If the OEP considers that an information notice or a decision notice relates to conduct that is the same as or similar to conduct that is the subject of a Northern Ireland information notice or Northern Ireland decision notice, it may determine that those notices are linked. (6B) The OEP must provide the recipient of an information notice or a decision notice with— (a) a copy of every Northern Ireland information notice or Northern Ireland decision notice which is linked to it, and (b) a copy of any relevant correspondence, relating to such a notice, between the OEP and the recipient of that notice.

27

(1) Section 43 (confidentiality of proceedings) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (b) after “(investigations)” insert “or paragraph 7 of Schedule 3 (functions of the OEP in Northern Ireland)”;

(b) after paragraph (c) insert—

(ca) made for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under paragraph 7 of Schedule 3 and the Northern Ireland Public Services Ombudsman’s functions that relate to investigations by the Ombudsman;

;

(d) in paragraph (e) after “sections 35 to 41” insert “or paragraphs 9 to 15 of Schedule 3”;

(e) in paragraph (h) after “this Chapter” insert “or Part 1 of Schedule 3”.

(3) In subsection (3)(a) for “or decision notice” substitute “, decision notice, Northern Ireland information notice or Northern Ireland decision notice”.

(4) In subsection (4)—

(a) in paragraph (a)(i) for “or a decision notice” substitute “, a decision notice, a Northern Ireland information notice or a Northern Ireland decision notice”;

(b) in paragraph (b) after “section 33” insert “or paragraph 7 of Schedule 3”;

(5) In subsection (5)—

(a) for “or a decision notice” substitute “, a decision notice, a Northern Ireland information notice or a Northern Ireland decision notice”;

(b) after “this Chapter” insert “or Part 1 of Schedule 3”.

(6) In subsection (6) after “this Chapter” insert “or Part 1 of Schedule 3”.

28

(1) Section 47 (interpretation of Part 1 of the Act) is amended as follows.

(2) The existing text becomes subsection (1).

(3) In that subsection—

(a) in the definition of “devolved environmental governance function”—

(i) for “devolved function” substitute “Scottish devolved function or Welsh devolved function”;

(ii) after “this Part” insert “or Part 1 of Schedule 3 (functions of the OEP in Northern Ireland)”;

(b) at the appropriate places insert—

“Northern Ireland decision notice” means a notice given under paragraph 10 of Schedule 3 (functions of the OEP in Northern Ireland);

;

“Northern Ireland information notice” means a notice given under paragraph 9 of Schedule 3;

;

“review application” has the meaning it has in Part 1 of Schedule 3 (see paragraph 12 of that Schedule);

;

“Scottish devolved function” means a function exercisable in or as regards Scotland, the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998);

;

“Welsh devolved function” means a function exercisable in or as regards Wales that could be conferred by provision falling within the legislative competence of Senedd Cymru (see section 108A of the Government of Wales Act 2006).

(4) After that subsection insert—

(2) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) applies in relation to the laying of a document before the Northern Ireland Assembly under this Part, as it applies in relation to the laying of a statutory document under an Act of the Northern Ireland Assembly.

29

(1) Schedule 1 is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1), after paragraph (a) insert—

(aa) a Northern Ireland member (who is to be a non-executive member),

;

(b) in sub-paragraph (2) after “Secretary of State” insert “, the Northern Ireland Department”;

(i) for “In making those appointments,” substitute “When exercising their functions of appointment”;

(ii) after “non-executive members” insert “(including the Northern Ireland member)”.

(3) In paragraph 2 for sub-paragraphs (1) and (2) substitute—

(1) The Chair is to be appointed by the Secretary of State acting jointly with the Northern Ireland Department, other than the first Chair who is to be appointed by the Secretary of State. (2) The Northern Ireland member is to be appointed by the Northern Ireland Department after consulting the Secretary of State and the Chair. (2A) The other non-executive members are to be appointed by the Secretary of State after consulting the Northern Ireland Department and the Chair. (2B) The Northern Ireland Department must appoint as the Northern Ireland member a person with experience of— (a) Northern Ireland environmental law (within the meaning of Part 1 of Schedule 3), (b) environmental science in Northern Ireland, or (c) environmental regulation in Northern Ireland.

(4) In paragraph 3(3) after “Secretary of State” insert “and the Northern Ireland Department”.

(5) In paragraph 5—

(a) in sub-paragraph (4) after “of non-executive members” insert “(including the Northern Ireland member)”;

(b) after that sub-paragraph insert—

(4A) The Northern Ireland Department must, in determining the length of a Northern Ireland member’s term, have regard to the desirability of securing that the appointments of non-executive members expire at different times.

;

(6) A non-executive member ceases to be a member of the OEP upon becoming its employee. (7) A non-executive member, other than the Northern Ireland member— (a) may resign from office by giving notice to the Secretary of State, and (b) may be removed from office by notice given by the Secretary of State, after consulting the Northern Ireland Department, on the grounds that the member— (i) has without reasonable excuse failed to discharge the member’s functions, or (ii) is, in the opinion of the Secretary of State, unable or unfit to carry out the member’s functions. (8) The Northern Ireland member— (a) may resign from office by giving notice to the Northern Ireland Department, and (b) may be removed from office by notice given by the Northern Ireland Department after consulting the Secretary of State, on the grounds that the member— (i) has without reasonable excuse failed to discharge the member’s functions, or (ii) is, in the opinion of the Northern Ireland Department, unable or unfit to carry out the member’s functions.

(6) In paragraph 10(4)—

(a) in paragraph (b) after “section 28 or 29” insert “, or a report under paragraph 1 or 2 of Schedule 3 (functions of the OEP in Northern Ireland)”;

(b) in paragraph (c) after “section 30(1) or (3)” insert “, or written advice to a Northern Ireland department under paragraph 3(1) or (3) of Schedule 3”;

(d) in paragraph (e) after “decision notice” insert “or a Northern Ireland decision notice”;

(e) after paragraph (g) insert—

(ga) deciding whether to make a review application (see paragraph 12 of Schedule 3) or an application for judicial review by virtue of paragraph 13(1) of that Schedule or to intervene in proceedings that relate to a judicial review (see paragraph 13 of that Schedule);

(7) In paragraph 12—

(a) in sub-paragraph (1)—

(i) after “Secretary of State”, in the first place it occurs, insert “and the Northern Ireland Department”;

(ii) after “must” insert “, between them,”;

(iii) for “the Secretary of State considers” substitute “they consider”;

(b) in sub-paragraph (2)—

(i) after “Secretary of State”, in the first place it occurs, insert “, or the Northern Ireland Department,”;

(ii) after “Secretary of State”, in the second place it occurs, insert “, or that department,”.

(8) In paragraph 13(2)(a) after “Parliament” insert “and the Northern Ireland Assembly”.

(9) In paragraph 14—

(a) in sub-paragraph (3) after “Secretary of State” insert “and the Northern Ireland Department”;

(b) in sub-paragraph (4) after “Secretary of State” insert “, the Northern Ireland Department”;

(d) in sub-paragraph (6) after “Parliament” insert “and the Northern Ireland Assembly”.

(10) In paragraph 17 after “Secretary of State” insert “and the Northern Ireland Department”.

(11) After paragraph 23 insert—

(24) In this Schedule “the Northern Ireland Department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

30

(1) Schedule 2 (improving the natural environment: Northern Ireland) is amended as follows.

(2) In paragraph 3(4)(b) after “under paragraph 5” insert “and reports made by the OEP under paragraph 1 of Schedule 3”.

(3) In paragraph 4(4)(b) after “under paragraph 5” insert “and reports made by the OEP under paragraph 1 of Schedule 3”.

(4) In paragraph 11(1), at the appropriate place insert—

“OEP” has the meaning given by section 22;

SCHEDULE 4

PART 1 — Requirements

General power

1

(1) The relevant national authority may by regulations make provision for imposing producer responsibility obligations on specified persons in respect of specified products or materials.

(2) The regulations may be made only for the purpose of—

(a) preventing a product or material becoming waste, or reducing the amount of a product or material that becomes waste;

(b) sustaining a minimum level of, or promoting or securing an increase in, the re-use, redistribution, recovery or recycling of products or materials.

(3) In this Schedule “producer responsibility obligations” means steps required to be taken, in respect of products or materials, for a purpose in sub-paragraph (2).

Examples of provision that may be made

2

(1) The regulations may make provision about—

(a) the persons to whom producer responsibility obligations apply;

(b) the products or materials in relation to which producer responsibility obligations apply;

(2) The regulations may make provision about targets to be achieved in relation to the proportion of products or materials (by weight, volume or otherwise) to be re-used, redistributed, recovered or recycled (either generally or in a specified way).

(3) The regulations may make provision about circumstances in which a producer responsibility obligation is to be treated as met (in whole or in part) by payment of a sum of money, including provision about—

(a) the manner in which and persons by whom the amount of such sums is to be determined, and

(b) the persons to whom such sums are to be paid.

Registration of persons subject to producer responsibility obligations

3

(1) The regulations may make provision requiring the registration of persons who are subject to a producer responsibility obligation.

(2) The regulations may make provision about—

(a) applications for registration,

(b) the imposition and variation of requirements in connection with registration,

(d) the cancellation of registration.

(3) The regulations may require registers to be published or made available for inspection.

Requirement to charge

4

(1) The regulations may make provision authorising or requiring persons who are subject to a producer responsibility obligation to become members of a compliance scheme.

(2) The regulations may make provision about—

(a) the approval, or withdrawal of approval, of compliance schemes by the relevant national authority,

(b) the establishment, maintenance or management of a compliance scheme by a person appointed by the relevant national authority.

(3) In this Schedule “compliance scheme” means a scheme under which producer responsibility obligations of members of the scheme are discharged by the scheme operator on their behalf.

Registration of compliance schemes

5

(1) The regulations may make provision about the registration of compliance schemes, including provision about—

(a) requirements and criteria to be met before a compliance scheme may be registered,

(b) applications for registration,

(d) the period for which registration is to remain in force,

(e) the cancellation of registration.

(2) The regulations may make provision about—

(a) appeals against the refusal of registration, the imposition of conditions in connection with registration, or the cancellation of registration,

(b) the procedure on the appeals.

(3) The regulations may make provision about the position of persons and compliance schemes pending determination or withdrawal of an appeal, including provision about cases in which—

(a) a compliance scheme is, or is not, to be treated as registered, or

(b) a person is, or is not, to be treated as a member of a registered compliance scheme.

(4) The regulations may require registers to be published or made available for inspection.

Power to direct compliance scheme operators

6

(1) If it appears to the relevant national authority that any action proposed to be taken by the operator of a compliance scheme would be incompatible with an international agreement to which the United Kingdom is a party, it may direct the operator not to take the action in question.

(2) If it appears to the relevant national authority that any action which the operator of a compliance scheme has power to take is required for the purpose of implementing an international agreement to which the United Kingdom is a party, it may direct the operator to take the action in question.

(3) A direction under this paragraph—

(a) may include consequential, supplementary, incidental, transitional or saving provision;

(b) on the application of the relevant national authority, is enforceable—

(i) by injunction, or

(ii) in Scotland, by interdict or by an order for specific performance under section 45 of the Court of Session Act 1988.

Certificates of compliance

7

(1) The regulations may make provision about certificates of compliance.

(2) The regulations may make provision—

(a) requiring persons who are not members of compliance schemes to provide certificates of compliance to an enforcement authority;

(b) about the approval of persons by an enforcement authority for the purposes of issuing certificates of compliance.

(3) In this Schedule “certificate of compliance” means a certificate which—

(a) is issued by a person approved by an enforcement authority, and

(b) states that the person issuing the certificate is satisfied that the person to whom it relates is complying with their producer responsibility obligations.

(4) The regulations may include provision requiring an enforcement authority to give guidance to persons issuing certificates of compliance, including guidance as to matters which are, or are not, to be treated as evidence of compliance or non-compliance.

(5) In this paragraph “enforcement authority” means a person on whom functions are conferred by regulations under Part 2 of this Schedule.

Consultation etc requirements

8

(1) Before making regulations under this Part of this Schedule the relevant national authority must consult persons appearing to it to represent the interests of those likely to be affected.

(2) The requirement in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.

9

(1) Before making regulations under this Part of this Schedule the relevant national authority must be satisfied that—

(a) making the regulations would be likely to achieve one or more of the purposes in paragraph 1(2);

(b) making the regulations would produce environmental or economic benefits;

(c) those benefits are significant as against the likely costs resulting from the imposition of the producer responsibility obligations;

(d) the burdens imposed on businesses by the regulations are the minimum necessary to secure those benefits;

(e) those burdens are imposed on the persons most able to make a contribution to securing those benefits—

(i) having regard to the desirability of acting fairly between persons who manufacture, process, distribute or supply products or materials, and

(ii) taking account of the need to ensure that the proposed producer responsibility obligation is so framed as to be effective in achieving the purposes for which it is imposed.

(2) Nothing in sub-paragraph (1)(e)(i) prevents regulations imposing a producer responsibility obligation on any class or description of person to the exclusion of any others.

(3) Sub-paragraph (1) does not apply to regulations for the implementation of an international agreement to which the United Kingdom is a party.

10

The relevant national authority must exercise the power to make regulations under this Part in the way it considers best calculated to secure that—

(a) the regulations do not have the effect of restricting, distorting or preventing competition, or

(b) if the regulations are likely to have that effect, the effect is no greater than is necessary for achieving the environmental or economic benefits mentioned in paragraph 9(1).

Interpretation

11

(1) In this Part of this Schedule—

“operator”, in relation to a compliance scheme, includes any person responsible for establishing, maintaining or managing the scheme;

“product” and “material” include a product or material at a time when it becomes, or has become, waste;

“recovery”, in relation to products or materials, includes—composting them, or any other transformation of them by biological processes, orobtaining energy from them by any means;

“specified” means specified in, or determined in accordance with, the regulations.

(2) The regulations may specify, in relation to products or materials, activities, or the activities, which are to be treated for the purposes of this Part of this Schedule and the regulations as re-use, redistribution, recovery or recycling.

PART 2 — Enforcement

General power

12

The relevant national authority may by regulations (“Part 2 regulations”) make provision about the enforcement of requirements imposed by regulations (“Part 1 regulations”) made by the authority under Part 1 of this Schedule.

Powers to confer functions

13

(1) Part 2 regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority” for the purposes of this Part).

(2) Part 2 regulations may include provision—

(a) conferring functions involving the exercise of discretion;

(b) for the functions of an enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations.

(3) Part 2 regulations may include provision requiring an enforcement authority to issue guidance about the exercise of its functions.

Monitoring compliance

14

Part 2 regulations may include provision conferring on an enforcement authority the function of monitoring compliance with requirements imposed by Part 1 regulations.

Records and information

15

Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations to keep records;

(b) requiring persons on whom requirements are imposed by Part 1 regulations to provide records or other information to an enforcement authority;

Powers of entry etc

16

(1) Part 2 regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.

(2) Part 2 regulations may include provision—

(a) for powers to be exercisable only under the authority of a warrant issued by a justice of the peace, sheriff, summary sheriff or lay magistrate;

(b) about applications for, and the execution of, warrants.

(3) Part 2 regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—

(a) enter premises by force;

(b) enter a private dwelling without the consent of the occupier;

Sanctions

17

(1) Part 2 regulations may include provision—

(a) for, about or connected with the imposition of civil sanctions in respect of—

(i) failures to comply with Part 1 regulations or Part 2 regulations, or

(ii) the obstruction of or failure to assist an enforcement authority;

(b) for appeals against such sanctions.

(2) Part 2 regulations may include provision—

(a) creating criminal offences punishable with a fine in respect of—

(i) failures to comply with Part 1 regulations or Part 2 regulations,

(ii) failures to comply with civil sanctions imposed under Part 2 regulations, or

(iii) the obstruction of or failure to assist an enforcement authority;

(b) about such offences.

(3) In this paragraph “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

18

Part 2 regulations may include provision for the imposition of sanctions of that kind whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence,

(b) the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

Charges and costs

19

Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations to pay charges, as a means of recovering costs incurred by an enforcement authority in performing its functions;

(b) authorising a court or tribunal dealing with any matter under Part 1 regulations or Part 2 regulations to award to an enforcement authority costs incurred by it in performing its functions under the regulations in relation to that matter.

Consultation requirement

20

(1) Before making Part 2 regulations the relevant national authority must consult any persons the authority considers appropriate.

(2) The requirement in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.

SCHEDULE 5

PART 1 — Requirements

General power

1

(1) The relevant national authority may by regulations make provision requiring the payment of sums by specified persons, in respect of specified products or materials.

(2) The regulations may be made only for the purpose of securing that those involved in manufacturing, processing, distributing or supplying products or materials meet, or contribute to, the disposal costs of the products or materials.

“Disposal costs” and “disposal”

2

(1) In this Schedule the “disposal costs” of products or materials means such costs incurred in connection with the disposal of the products or materials as may be specified in the regulations.

(2) In this Schedule the “disposal” of products or materials includes their re-use, redistribution, recovery or recycling.

(3) Disposal costs may include the costs of—

(a) collecting and transporting products or materials for disposal,

(b) sorting and treating products or materials,

(d) providing public information about the disposal of products or materials.

(4) They may include costs incurred in relation to products or materials that have been disposed of unlawfully.

(5) The regulations may make provision as to how the disposal costs of products or materials are to be calculated.

Calculation of sums payable

3

(1) The regulations may make provision as to how the sums payable under the regulations are to be calculated.

(2) They may include provision for the sums payable under the regulations to vary according to the design or composition of the products or materials to which the regulations relate, the methods by which they were produced or any other factor.

Administration

4

(1) The regulations may appoint, or make provision for the appointment of, a person (an “administrator”) to administer provision made by the regulations.

(2) More than one person may be appointed as an administrator.

(3) The regulations may confer functions on an administrator (including functions involving the exercise of discretion).

(4) References in this Schedule to an administrator include a person appointed by an administrator or exercising functions on an administrator’s behalf.

Registration

5

(1) The regulations may require—

(a) persons required to pay sums under the regulations to register with an administrator;

(b) administrators to register with an enforcement authority appointed by regulations under Part 2 of this Schedule.

(2) The regulations may make provision—

(a) about applications for registration;

(b) about the period for which registration has effect;

(3) The regulations may require persons required to register to pay, in connection with their registration, fees of an amount determined by or in accordance with the regulations.

(4) The regulations may require registers to be published or made available for inspection.

Payment of sums

6

(1) The regulations may make provision for the sums payable under the regulations to be payable to an administrator.

(2) The regulations may make provision as to how sums paid to the administrator are to be held by the administrator.

Distribution of sums paid

7

The regulations may make provision for sums paid to an administrator—

(a) to be distributed by the administrator, in accordance with the regulations, among persons who have incurred disposal costs in relation to products or materials to which the regulations relate, or

(b) to be paid to another administrator to be so distributed by that administrator.

Repayment of sums paid

8

(1) The regulations may make provision for sums paid to an administrator to be repayable, in whole or in part, to the persons by whom they were payable (“liable persons”).

(2) The regulations may make provision as to how sums repayable under the regulations are to be calculated.

(3) They may include provision for the sums repayable under the regulations to vary according to the extent to which, or manner in which, liable persons dispose of products or materials to which the regulations relate, or meet or contribute to their disposal costs.

Charges

9

The regulations may include provision requiring the payment of charges to administrators, as a means of recovering costs incurred by administrators in performing functions under the regulations.

Consultation requirements

10

(1) Before making regulations under this Part of this Schedule the relevant national authority must consult persons appearing to it to represent the interests of those likely to be affected.

(2) The requirement in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.

PART 2 — Enforcement

General power

11

Powers to confer functions

12

(1) Part 2 regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority” for the purposes of this Part).

(2) Part 2 regulations may include provision—

(a) conferring functions involving the exercise of discretion;

(b) for the functions of an enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations.

(3) Part 2 regulations may include provision requiring an enforcement authority to issue guidance about the exercise of its functions.

Monitoring compliance

13

Part 2 regulations may include provision conferring on an enforcement authority the function of monitoring compliance with requirements imposed by Part 1 regulations.

Records and information

14

Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations to keep records;

(b) requiring persons on whom requirements are imposed by Part 1 regulations to provide records or other information to an enforcement authority or (where the person is not an administrator) an administrator;

Powers of entry etc

15

(1) Part 2 regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.

(2) Part 2 regulations may include provision—

(a) for powers to be exercisable only under the authority of a warrant issued by a justice of the peace, sheriff, summary sheriff or lay magistrate;

(b) about applications for, and the execution of, warrants.

(3) Part 2 regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—

(a) enter premises by force;

(b) enter a private dwelling without the consent of the occupier;

Sanctions

16

(1) Part 2 regulations may include provision—

(a) for, about or connected with the imposition of civil sanctions in respect of—

(i) failures to comply with Part 1 regulations or Part 2 regulations, or

(ii) the obstruction of or failure to assist an enforcement authority;

(b) for appeals against such sanctions.

(2) Part 2 regulations may include provision—

(a) creating criminal offences punishable with a fine in respect of—

(i) failures to comply with civil sanctions imposed under Part 2 regulations, or

(ii) the obstruction of or failure to assist an enforcement authority;

(b) about such offences.

(3) In this paragraph “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(4) Part 2 regulations may include provision for the imposition of sanctions of that kind whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence,

(b) the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

Charges and costs

17

Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations to pay charges, as a means of recovering costs incurred by an enforcement authority in performing its functions;

(b) authorising a court or tribunal dealing with any matter under Part 1 regulations or Part 2 regulations to award to an enforcement authority costs incurred by it in performing its functions in relation to that matter.

Consultation requirements

18

(1) Before making regulations under this Part of this Schedule the relevant national authority must consult any persons the authority considers appropriate.

(2) The requirement in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.

SCHEDULE 6

PART 1 — Requirements

General power

1

(1) The relevant national authority may by regulations make provision for the purposes of requiring specified persons, in specified circumstances, to provide specified information about the resource efficiency of specified products.

(2) The regulations may not make such provision in relation to a product which is—

(a) a medicinal product, within the meaning of the Human Medicines Regulations 2012 (S.I. 2012/1916);

(b) a veterinary medicinal product, within the meaning of the Veterinary Medicines Regulations 2013 (S.I. 2013/2033);

(c) food, within the meaning of article 2 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

(3) Sub-paragraph (2) does not prevent the regulations making provision in relation to a product which is not within that sub-paragraph, but is packaging for a product which is within that sub-paragraph.

Meaning of “information about resource efficiency”

2

(1) Information about resource efficiency, in relation to a product, means information which—

(a) is within sub-paragraph (2) or (3), and

(b) is relevant to the product’s impact on the natural environment.

(2) The information within this sub-paragraph is information about—

(a) the expected life of the product;

(b) aspects of the product’s design which affect its expected life;

(d) whether the product can be upgraded, and the availability or cost of upgrades;

(e) any other matter relevant to repairing, maintaining, remanufacturing or otherwise prolonging the expected life of, the product;

(f) the ways in which the product can be disposed of at the end of its life (including whether and to what extent it can be recycled, and whether materials used in it can be extracted and reused or recycled).

(3) The information within this sub-paragraph is information about—

(a) the materials from which the product is manufactured;

(b) the techniques used in its manufacture;

(d) the pollutants (including greenhouse gases within the meaning of section 92 of the Climate Change Act 2008) released or emitted at any stage of the product’s production, use or disposal.

Persons on whom requirements may be imposed

3

The regulations may impose requirements to provide information in relation to a product on a person only if the person is a person connected with the manufacture, import, distribution, sale or supply of the product.

Examples of provision that may be made

4

The regulations may include provision—

(a) about how information about a product is to be provided (for example, by affixing a label to the product);

(b) conferring on specified persons the function of determining whether specified products or materials have specified properties or characteristics (for example, whether they can be recycled) and publishing the results of such determinations;

(c) specifying a scheme for classifying products by reference to matters about which resource efficiency information must be provided;

(d) requiring information provided about a product to be determined according to specified criteria (for example, according to results published by virtue of paragraph (b) or classification schemes under paragraph (c)).

Consultation etc requirements

5

(1) Before making regulations under this Part of this Schedule the relevant national authority must—

(a) consult any persons the authority considers appropriate, and

(b) have regard to the matters in sub-paragraph (2).

(2) The matters are—

(a) the extent to which the proposed regulations are likely to reduce the product’s impact on the natural environment at any stage of its production, use or disposal;

(b) the environmental, social, economic or other costs of complying with the regulations;

(3) The requirement in sub-paragraph (1)(a) may be met by consultation carried out before this paragraph comes into force.

Interpretation

6

In this Part of this Schedule—

“natural environment” has the same meaning as in Part 1 of this Act (see section 44);

“product” includes a product which is a component part of, or packaging for, another product;

“specified” means specified in, or determined in accordance with, the regulations.

PART 2 — Enforcement

General power

7

Powers to confer functions

8

(1) Part 2 regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority” for the purposes of this Part).

(2) Part 2 regulations may include provision—

(a) conferring functions involving the exercise of discretion;

(b) for the functions of an enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations.

(3) Part 2 regulations may include provision requiring an enforcement authority to issue guidance about the exercise of its functions.

Monitoring compliance

9

Part 2 regulations may include provision conferring on an enforcement authority the function of monitoring compliance with requirements imposed by Part 1 regulations (which may include the function of testing or assessing products).

Records and information

10

Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations to keep records;

(b) requiring persons on whom requirements are imposed by Part 1 regulations to provide records or other information to an enforcement authority;

Powers of entry etc

11

(1) Part 2 regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.

(2) Part 2 regulations may include provision—

(a) for powers to be exercisable only under the authority of a warrant issued by a justice of the peace, sheriff, summary sheriff or lay magistrate;

(b) about applications for, and the execution of, warrants.

(3) Part 2 regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—

(a) enter premises by force;

(b) enter a private dwelling without the consent of the occupier;

Sanctions

12

(1) Part 2 regulations may include provision—

(a) for, about or connected with the imposition of civil sanctions in respect of—

(i) failures to comply with Part 1 regulations or Part 2 regulations, or

(ii) the obstruction of or failure to assist an enforcement authority;

(b) for appeals against such sanctions.

(2) Part 2 regulations may include provision—

(a) creating criminal offences punishable with a fine in respect of—

(i) failures to comply with civil sanctions imposed under Part 2 regulations, or

(ii) the obstruction of or failure to assist an enforcement authority;

(b) about such offences.

(3) In this paragraph “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(4) Part 2 regulations may include provision for the imposition of sanctions of that kind whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence,

(b) the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

Costs

13

Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations to pay costs incurred by an enforcement authority in performing its functions;

(b) authorising a court or tribunal dealing with any matter under Part 1 regulations or Part 2 regulations to award to an enforcement authority costs incurred by it in performing its functions in relation to that matter.

Consultation requirement

14

(1) Before making Part 2 regulations the relevant national authority must consult any persons the authority considers appropriate.

(2) The requirement in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.

SCHEDULE 7

PART 1 — Requirements

General power

1

(1) The relevant national authority may by regulations make provision for the purposes of requiring specified products, in specified circumstances, to meet specified resource efficiency requirements.

(2) The regulations may not make such provision in relation to a product which is—

(a) an energy-related product, within the meaning of the Ecodesign for Energy-Related Products Regulations 2010 (S.I. 2010/2617);

(b) a medicinal product, within the meaning of the Human Medicines Regulations 2012 (S.I. 2012/1916);

(d) food, within the meaning of article 2 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

(3) Sub-paragraph (2) does not prevent the regulations making provision in relation to a product which is not within that sub-paragraph, but is packaging for a product which is within that sub-paragraph.

Meaning of “resource efficiency requirements”

2

(1) “Resource efficiency requirements”, in relation to a product, means requirements which—

(a) are within sub-paragraph (2) or (3), and

(b) are relevant to the product’s impact on the natural environment.

(2) The requirements within this sub-paragraph are requirements relating to—

(a) aspects of the product’s design which affect its expected life;

(b) the availability or cost of component parts, tools, or anything else required to repair or maintain the product;

(d) any other matter relevant to repairing, maintaining, remanufacturing or otherwise prolonging the expected life of, the product;

(e) the ways in which the product can be disposed of at the end of its life (including whether and to what extent it can be recycled, and whether materials used in it can be extracted and reused or recycled).

(3) The requirements within this sub-paragraph are requirements relating to—

(a) the materials from which the product is manufactured;

(b) the techniques used in its manufacture;

(d) the pollutants (including greenhouse gases within the meaning of section 92 of the Climate Change Act 2008) released or emitted at any stage of the product’s production, use or disposal.

(4) Resource efficiency requirements may be specified by reference to standards prepared by a specified person.

Persons on whom requirements may be imposed

3

The regulations may impose resource efficiency requirements on a person only if the person is connected with the manufacture, import, distribution, sale or supply of the product.

Examples of provision that may be made

4

(1) The regulations may include provision—

(a) prohibiting a product being distributed, sold or supplied unless it meets resource efficiency requirements;

(b) requiring persons connected with the manufacture, import, distribution, sale or supply of a product to provide information to other such persons.

(2) The regulations may include provision—

(a) about how and by whom a product’s compliance with resource efficiency requirements is to be determined;

(b) for appeals against such determinations;

(c) about how a product’s compliance with resource efficiency requirements is to be evidenced (for example, by affixing a label or applying a marking to a product).

Consultation etc requirements

5

(1) Before making regulations under this Part of this Schedule the relevant national authority must—

(a) consult such persons as the authority considers appropriate, and

(b) where sub-paragraph (3) or (4) applies, publish for the purposes of the consultation—

(i) the authority’s assessment of the matters it must be satisfied of, and

(ii) a draft of the regulations.

(2) The requirements in sub-paragraph (1) may be met by consultation carried out, and assessments and draft regulations published, before this paragraph comes into force.

(3) Before making regulations under this Part of this Schedule in relation to a new product, the relevant national authority must be satisfied that—

(a) the product has a significant impact on the natural environment at any stage of its production, use or disposal,

(b) the proposed regulations would be likely to reduce the product’s impact on the natural environment,

(c) the benefit of that would be significant as against the likely environmental, social, economic or other costs of the proposed regulations, and

(d) a reduction in the product’s impact on the natural environment could not be achieved as effectively without making the regulations.

(4) Before making regulations under this Part of this Schedule which—

(a) specify additional resource efficiency requirements in relation to a product, or

(b) specify additional persons who must meet resource efficiency requirements in relation to a product,

the relevant national authority must be satisfied of the matters in sub-paragraph (3)(b) to (d).

(5) A “new product” means a product in relation to which there are no existing regulations made by the relevant national authority under this Part of this Schedule.

(6) Before making regulations under this Part of this Schedule the relevant national authority must consider whether exemptions should be given, or other special provision made, for smaller businesses.

Interpretation

6

In this Part of this Schedule—

“natural environment” has the same meaning as in Part 1 of this Act (see section 44);

“product” includes a product which is a component part of, or packaging for, another product;

“specified” means specified in, or determined in accordance with, the regulations.

PART 2 — Enforcement

General power

7

Powers to confer functions

8

(1) Part 2 regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority” for the purposes of this Part).

(2) Part 2 regulations may include provision—

(a) conferring functions involving the exercise of discretion;

(b) for the functions of an enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations.

(3) Part 2 regulations may include provision requiring an enforcement authority to issue guidance about the exercise of its functions.

Monitoring compliance

9

Records and information

10

Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations to keep records;

(b) requiring persons on whom requirements are imposed by Part 1 regulations to provide records or other information to an enforcement authority;

Powers of entry etc

11

(1) Part 2 regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.

(2) Part 2 regulations may include provision—

(a) for powers to be exercisable only under the authority of a warrant issued by a justice of the peace, sheriff, summary sheriff or lay magistrate;

(b) about applications for, and the execution of, warrants.

(3) Part 2 regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—

(a) enter premises by force;

(b) enter a private dwelling without the consent of the occupier;

Sanctions

12

(1) Part 2 regulations may include provision—

(a) for, about or connected with the imposition of civil sanctions in respect of—

(i) failures to comply with Part 1 regulations or Part 2 regulations, or

(ii) the obstruction of or failure to assist an enforcement authority;

(b) for appeals against such sanctions.

(2) Part 2 regulations may include provision—

(a) creating criminal offences punishable with a fine in respect of—

(i) failures to comply with civil sanctions imposed under Part 2 regulations, or

(ii) the obstruction of or failure to assist an enforcement authority;

(b) about such offences.

(3) In this paragraph “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(4) Part 2 regulations may include provision for the imposition of sanctions of that kind whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence,

(b) the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

Costs

13

Part 2 regulations may include provision—

(a) requiring persons on whom requirements are imposed by Part 1 regulations to pay costs incurred by an enforcement authority in performing its functions;

(b) authorising a court or tribunal dealing with any matter under Part 1 regulations or Part 2 regulations to award to an enforcement authority costs incurred by it in performing its functions under the regulations in relation to that matter.

Consultation requirement

14

(1) Before making Part 2 regulations the relevant national authority must consult any persons the authority considers appropriate.

(2) The requirement in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.

SCHEDULE 8

Power to establish deposit schemes

1

(1) The relevant national authority may by regulations establish deposit schemes for any of the following purposes—

(a) sustaining, promoting or securing an increase in the recycling or reuse of materials;

(b) reducing the incidence of littering or fly-tipping.

(2) A deposit scheme is a scheme under which—

(a) a person supplied with a deposit item by a scheme supplier pays the supplier an amount (a “deposit”), and

(b) a person who provides a deposit item to a scheme collector is entitled to be paid an amount (a “refund”) in respect of that item by the collector.

(3) A “deposit item” is a specified item that is supplied—

(a) by way of sale, or

(b) in connection with the supply of goods or services.

(4) A deposit scheme may make provision about the circumstances in which a deposit or refund is to be paid in respect of a deposit item.

(5) A person may be specified—

(a) as a scheme supplier if the person is a supplier or producer of deposit items;

(b) as a scheme collector if the person is a supplier or producer of deposit items or is a scheme administrator (see paragraph 4).

(6) A deposit scheme may provide that the amount of the deposit or refund in respect of a deposit item is—

(a) an amount specified,

(b) an amount determined and published by the relevant national authority in accordance with the scheme, or

(7) In this paragraph “specified” means specified or described in a deposit scheme.

Scheme suppliers

2

(1) A deposit scheme may impose requirements on a scheme supplier in connection with the scheme, including requirements—

(a) to take steps to ensure deposits are paid in respect of deposit items in accordance with the scheme (which may include a requirement to include the amount of the deposit in the sale price of the item, or in the price of goods or services the item was supplied in connection with);

(b) as to the marking of deposit items to identify them as such;

(d) to pay amounts received as deposits to other scheme suppliers, scheme collectors or to a scheme administrator;

(e) in connection with securing that a specified proportion of deposit items supplied by scheme suppliers, or by individual scheme suppliers, are returned to scheme collectors;

(f) to keep records in connection with the scheme;

(g) to provide those records or other information in connection with the scheme to a scheme administrator.

(2) A deposit scheme may impose different requirements on different scheme suppliers.

(3) In this paragraph “specified” means specified in a deposit scheme.

Scheme collectors

3

(1) A deposit scheme may impose requirements on a scheme collector in connection with the scheme, including requirements—

(a) to pay a person who provides a deposit item a refund in accordance with the scheme;

(b) to pay a person who provides a deposit item under another deposit scheme an amount determined in accordance with the scheme (and the scheme may provide for that amount to be determined by reference to the other deposit scheme);

(c) to pay a person who provides articles or packaging that are the subject of a Scottish deposit and return scheme an amount determined in accordance with the scheme (and the scheme may provide for that amount to be determined by reference to the Scottish deposit and return scheme);

(d) to recycle, re-use, or arrange or facilitate the recycling or re-use of any item provided to them in accordance with the scheme (which may include articles or packaging that are the subject of a Scottish deposit and return scheme);

(e) to otherwise dispose of such items in accordance with the scheme;

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