Legalize / United Kingdom / Statutory-Instrument

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

Type Statutory-Instrument

Publication 2025-01-23

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Status of certain decisions pending outcome of internal review

78

(1) This regulation applies where an affected person applies for an internal review (“review”) of a relevant decision.

(2) The effect of the relevant decision is suspended during the period—

(a) beginning with the day on which the application for the review is made, and

(b) ending with the end of the day on which the person is notified of the deposit management organisation’s decision on that application in accordance with regulation 76 (5).

(3) In this regulation “affected person” and “relevant decision” have the meanings given in regulation 76 (2).

Chapter 10 — Revocation of a person’s appointment as the deposit management organisation

Revocation of a person’s appointment as the deposit management organisation

79

Parts 3 and 4 of Schedule 5 contain provisions about the revocation of a person’s appointment as the deposit management organisation and related matters.

Interim scheme administrator

80

(1) This regulation applies where—

(a) the Secretary of State revokes a person’s appointment as the deposit management organisation (the “outgoing DMO”), and

(b) the revocation takes effect before another person is appointed as the deposit management organisation.

(2) The Secretary of State may—

(a) carry out the essential DMO functions during the interim period, or

(b) with the consent of DAERA, appoint another person to carry out those functions during the interim period.

(3) The Scheme applies during the interim period with the modifications set out in paragraphs (4) to (6).

(4) Any reference to the deposit management organisation in any of the provisions mentioned in the definition of “essential DMO functions” is to be read as a reference to the interim scheme administrator.

(5) Any registration fee determined under regulation 63 which is in effect immediately before the revocation date is to have effect on and after that date as if determined by the interim scheme administrator.

(6) Regulation 52 is to be treated as omitted for the purposes of the exercise of the essential DMO functions under this regulation.

(7) For the purposes of regulations 76 to 78—

(a) any decision made by the outgoing DMO has effect as a decision of the interim scheme administrator;

(b) any internal review procedures which are in effect immediately before the revocation date are to have effect on and after that date as if specified by the interim scheme administrator.

(8) For the purposes of this regulation, the “essential DMO functions” are the functions of the deposit management organisation under—

(a) regulation 11 and Schedule 1 (registration of scheme producers);

(b) regulation 12 (register of scheme producers);

(d) regulation 18 (registration of low volume products);

(e) regulation 19 (cancellation of registration of low volume products);

(f) regulation 20 (updates on low volume);

(g) regulation 21 (payment of registration fee to deposit management organisation);

(h) regulation 22 (receipt of deposits);

(i) regulation 30 (DMO instructions);

(j) regulations 31 to 33 (overseas schemes);

(k) regulation 34 (4) and (5) and Schedule 2 (registration of mandatory return point operators);

(l) regulation 34 (6) and Schedule 3 (return point exemptions);

(m) regulations 38 and 41 and Schedule 4 (voluntary return points and take-back services);

(n) regulation 39 (operation of return points), in so far as it relates to any return point operated by the deposit management organisation immediately before the revocation date;

(o) regulation 43 (collection or acceptance of returnable items from any person), in so far as it relates to any arrangements made by the deposit management organisation and remaining in effect immediately before the revocation date;

(p) regulations 44 to 46 (registers);

(q) regulation 62 (use of amounts received as deposits);

(r) regulation 63 (registration fees for scheme producers), if there is no registration fee requirement in effect immediately before the revocation date or alterations are required to any registration fee requirement following a review under regulation 63 (9);

(s) regulation 64 (use of registration fees);

(t) regulation 66 (collection etc. of returnable items);

(u) regulation 67 (handling payments);

(v) regulation 68 (recycling of in-scope material);

(w) regulation 70 (amounts received in connection with arrangements under regulation 68 or 69), in so far as it relates to recycling functions under regulation 69;

(x) regulation 71 (payment of NEA costs);

(y) regulation 73 (co-operation);

(z) regulation 74 (co-operation with other scheme administrators);

(z1) regulation 75 (payments to other scheme administrators);

(z2) regulation 76 (internal review).

(9) In this regulation—

“interim period” means the period— beginning with the revocation date, and ending at the end of the day preceding the day on which the next appointment of a person as the deposit management organisation takes effect;

“revocation date” means the date on which the revocation of the outgoing DMO’s appointment takes effect.

Part 8 — Targets

Collection targets: the deposit management organisation

81

(1) The deposit management organisation must ensure that the Scheme, together with any reciprocal recycling arrangements, operates so as to ensure that at least the minimum total quantity of refund items (the “collection targets”) is returned to the deposit management organisation.

(2) The collection targets are—

(a) in the calendar year beginning on 1st January 2028—

(i) 70% of all refund items from deposit items supplied by registered scheme producers with a view to final consumption in England;

(ii) 70% of all refund items from deposit items supplied by registered scheme producers with a view to final consumption in Northern Ireland;

(b) in the calendar year beginning on 1st January 2029—

(i) 80% of all refund items from deposit items supplied by registered scheme producers with a view to final consumption in England;

(ii) 80% of all refund items from deposit items supplied by registered scheme producers with a view to final consumption in Northern Ireland;

(i) 90% of all refund items from deposit items supplied by registered scheme producers with a view to final consumption in England;

(ii) 90% of all refund items from deposit items supplied by registered scheme producers with a view to final consumption in Northern Ireland.

(3) For the purposes of paragraph (2)(c)(i) and (ii), the quantity of containers returned must include—

(a) at least 85% of the refund items made wholly or mainly from polyethylene terephthalate (PET) plastic, and

(b) at least 85% of the refund items made wholly or mainly from any other in-scope material.

(4) For the purposes of this regulation, a refund item which is—

(a) subject to reciprocal recycling arrangements, and

(b) returned to a person in Wales or in Scotland in accordance with those arrangements,

is to be treated as returned to the deposit management organisation.

(5) In this regulation “reciprocal recycling arrangements” means—

(a) arrangements made by the deposit management organisation with a Welsh scheme administrator for the recycling of refund items which are returned to scheme collectors in Wales, or

(b) arrangements made by the deposit management organisation with a Scottish scheme administrator for the recycling of refund items which are returned in accordance with the Scottish deposit and return scheme in relation to which the Scottish deposit administrator is exercising functions.

Part 9 — Enforcement

Chapter 1 — Interpretation

Interpretation of Part 9

82

(1) In this Part—

“appropriate authority” means— the local weights and measures authority, in relation to the ALA provisions as they apply in the authority’s area; the Environment Agency; DAERA;

“the CS Table” means the Table in Part 2 of Schedule 6;

“enforcement action” means the exercise of enforcement powers and functions by the national enforcement authorities under this Part.

(2) For the purposes of this Part, “the ALA provisions” are the following provisions of these Regulations—

(a) regulation 23 (requirement to supply items from registered scheme producers);

(b) regulation 24 (1)(a) (requirement for deposit items supplied to carry scheme logo);

(d) regulation 24 (2) (requirement for scheme multipacks supplied to carry the packaging logo);

(e) regulation 25 (1) (restrictions on supply of registered low volume products);

(f) regulation 26 (1) and (6) (requirement to provide or display scheme information);

(g) regulation 27 (1) (requirement to provide or display registered low volume product information);

(h) regulation 28 (1) (scheme retailer: requirement to charge deposit);

(i) regulation 34 (1) (requirement to operate a return point);

(j) regulation 36 (1) (requirement to display information on premises where no return point is operated);

(k) regulation 40 (requirement to display information at a return point);

(l) regulation 41 (requirements for provision of take-back services);

(m) regulation 42 (1) and (5) (requirement to provide or display information about take-back service);

(n) regulation 47 (1), (2) and (3) (requirements as to payment of total return amount);

(o) regulation 48 (requirement to retain returnable items);

(p) regulation 49 (requirement for take-back service providers to retain returnable items);

(q) regulation 85 (1) (provision of information).

Chapter 2 — Enforcement powers

Enforcement powers: England

83

(1) A person who appears suitable to an appropriate authority in England may be authorised in writing by the appropriate authority for the purposes of its functions under these Regulations to exercise the powers of entry and inspection mentioned in paragraph (2).

(2) The powers of entry and inspection are those set out in section 108(4)(a) to (f) and (h) to (ka) of the EA 1995¹⁵ (powers of enforcing authorities and persons authorised by them).

(3) For the purposes of paragraph (1), section 108(4) of the EA 1995 is to be read as if—

(a) any reference to an authorised person (however expressed) were a reference to a person authorised under paragraph (1);

(b) in section 108(4)(a), the words “(or, in an emergency, at any time and, if need be, by force)” were omitted;

(i) for “articles or substances” there were substituted “containers (within the meaning of regulation 8 of the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025)”;

(ii) the words “, and of the air, water or land in, on, or in the vicinity of, the premises” were omitted;

(d) in section 108(4)(h)—

(i) in the words before sub-paragraph (i), for “article or substance as is mentioned in paragraph (g)” there were substituted “container as is mentioned in paragraph (f)”;

(ii) in sub-paragraph (iii), for the words from “an offence” to the end there were substituted “an offence under regulation 86 or 87, or any other proceedings relating to the imposition of a civil sanction under regulation 90, of the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 as those Regulations apply in relation to England”;

(e) in section 108(4)(k)—

(i) after “computerised form” there were inserted “, including any information recorded electronically”;

(ii) in sub-paragraph (i) for the words from “the pollution control enactments” to “he acts” there were substituted “the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 as those Regulations apply in relation to England”;

(f) in section 108(4)(ka)(ii), the words “(other than an article or substance within paragraph (g)” were omitted.

(4) Section 108(6) to (7F) of the EA 1995 applies to the applied enforcement powers as it applies to the powers in section 108(4) and is to be read as if—

(a) any reference to an authorised person (however expressed) were a reference to a person authorised under paragraph (1);

(b) in section 108(6), the words “, or to take heavy equipment on to any premises which are to be entered,” were omitted;

(d) in section 108(7B), for “the pollution control enactments or flood risk activity enactments” there were substituted “the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 as those Regulations apply in relation to England.”.

(5) Section 108(12), (12A) and (13) of the EA 1995 applies to the applied enforcement powers as it applies in relation to the powers conferred by section 108(4) of the EA 1995.

(6) Paragraphs 2 to 6 of Schedule 18 to the EA 1995 (issue of warrants, exercise of powers, information admissible in evidence, duty to secure premises and compensation) apply to the applied enforcement powers as they apply to the powers conferred by section 108(4) but as if—

(a) any reference to a designated person (however expressed) were a reference to a person authorised under paragraph (1);

(b) any reference to a relevant power were a reference to an applied enforcement power, including any power exercisable by virtue of a warrant under the provisions of the Schedule as applied by this paragraph;

(c) in paragraph 6(1), the reference to a power conferred by section 108(4)(a) or (b) or (5) were a reference to an applied enforcement power;

(d) any reference to “sheriff” were omitted.

(7) In this regulation—

(a) “the EA 1995” means the Environment Act 1995¹⁶ as it applies in England;

(b) “the applied enforcement powers” means the powers conferred by paragraphs (1) and (2).

Enforcement powers: Northern Ireland

84

(1) A person who appears suitable to DAERA may be authorised in writing by DAERA for the purposes of its functions under these Regulations to exercise the powers of entry and inspection mentioned in paragraph (2).

(2) The powers of entry and inspection are those set out in Article 72(2)(a) to (c), (e), (f) and (h) to (j) of the WCLO 1997.

(3) For this purpose, Article 72 of the WCLO 1997 is to be read as if—

(a) any reference to an authorised person (however expressed) were a reference to a person authorised under paragraph (1);

(b) in Article 72(2)(a), the words “(or, in an emergency, at any time and, if need be, by force)” were omitted;

(i) for “articles or substances” there were substituted “containers (within the meaning of regulation 8 of the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025)”;

(ii) the words “, and of the air, water or land in, on, or in the vicinity of, the premises” were omitted;

(d) in Article 72(2)(h)—

(i) for “article or substance as is mentioned in sub-paragraph (g)” there were substituted “container as is mentioned in paragraph (f)”;

(ii) in sub-paragraph (iii), for the words from “an offence” to the end there were substituted “an offence under regulation 86 or 87, or any other proceedings relating to the imposition of a civil sanction under regulation 90, of the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 as those Regulations apply in relation to Northern Ireland.”;

(e) in Article 72(2)(j)—

(i) after “computerised form” there were inserted “, including any information recorded electronically”;

(ii) in sub-paragraph (i) for the words from “the pollution control” to “he acts” there were substituted “the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 as those Regulations apply in relation to Northern Ireland”;

(f) in Article 72(2)(k), for “this Article” there were substituted “this Article as applied by the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 as those Regulations apply in relation to Northern Ireland”;

(g) after Article 72(2) there were inserted—

(2A) An authorised person must not exercise the powers in sub-paragraphs (2)(f), (h) or (j) without— (a) the consent of a person entitled to access to material on or accessible from the premises, or (b) the authority of a warrant under Schedule 4 to this Order.

(4) Article 72(4) and (5) of the WCLO 1997 applies to the applied enforcement powers as it applies to the powers in Article 72(2) of the WCLO 1997, but as if—

(a) any reference to an authorised person (however expressed) were to a person authorised under paragraph (1);

(b) in Article 72(4), the words “, or to take heavy equipment on to any premises which are to be entered,” were omitted;

(5) Article 72(9) and (10) of the WCLO 1997 applies to the applied enforcement powers as it applies to the powers conferred by Article 72(2) of the WCLO 1997.

(6) Paragraphs 2 to 5 of Schedule 4 to the WCLO 1997 apply to the applied enforcement powers as they apply to the powers conferred by Article 72(2) of the WCLO 1997, but as if—

(a) any reference to an authorised person (however expressed) were a reference to a person authorised under paragraph (1);

(b) any reference to a relevant power were a reference to an applied enforcement power, including any power exercisable by virtue of a warrant under the provisions of the Schedule as applied by this paragraph;

(c) in paragraph 5, the reference to a power conferred by Article 72(2)(a) or (b) or (3) were a reference to the applied enforcement powers and the reference to the enforcing authority under whose authorisation the authorised person acts were a reference to DAERA.

(7) In this regulation—

(a) “the WCLO 1997” means the Waste and Contaminated Land (Northern Ireland) Order 1997¹⁷;

(b) “the applied enforcement powers” means the powers conferred by paragraphs (1) and (2).

Information

85

(1) An appropriate authority may, by notice (an “information notice”), require a duty-holder to provide information which the enforcement authority requires for the purposes of carrying out its functions under, or in connection with, the Scheme.

(2) An information notice under paragraph (1)—

(a) must be in writing;

(b) may be given to—

(i) a specified duty-holder;

(ii) duty-holders of a specified description;

(iii) all duty-holders;

(d) may require the information to be provided—

(i) by a specified date or at a specified time, and

(ii) in respect of a specified period.

(3) A duty-holder who is given a notice under paragraph (1) must comply with it.

(4) In this regulation—

“duty-holder” means— a scheme producer, a scheme supplier, a scheme collector, or the deposit management organisation;

“specified” means specified in a notice under paragraph (1).

Chapter 3 — Offences

Obstructing an authorised person

86

(1) A person who intentionally obstructs, or fails to assist, an authorised person, in the carrying out of their enforcement functions is guilty of an offence.

(2) An offence under paragraph (1) is punishable—

(a) on conviction on indictment, with a fine;

(b) on summary conviction—

(i) in England, with a fine;

(ii) in Northern Ireland, with a fine not exceeding the statutory maximum.

(3) In this regulation—

“authorised person” means a person authorised under regulation 83 (1) or 84 (1);

“enforcement functions”, in relation to an authorised person, means the powers which that person is authorised to exercise under regulation 83 or 84.

Failure to comply with civil sanction

87

(1) A person who fails to comply with a civil sanction imposed under regulation 90 is guilty of an offence.

(2) An offence under paragraph (1) is punishable—

(a) on conviction on indictment, with a fine;

(b) on summary conviction—

(i) in England, with a fine;

(ii) in Northern Ireland, with a fine not exceeding the statutory maximum.

Liability of directors etc.

88

(1) If a relevant offence—

(a) is committed by a body corporate, a Scottish partnership or other unincorporated association, and

(b) is proved to have been committed with the consent or connivance, or to be attributable only to neglect on the part of—

(i) any relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual,

the individual, as well as the body corporate, Scottish partnership or other unincorporated association, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Where a person (“A”) commits a relevant offence due to the act or default of some other person (“B”), B is also guilty of the offence and liable to be proceeded against and punished accordingly, whether or not proceedings for the offence are taken against A.

(3) In this regulation—

“relevant individual”— in relation to a body corporate, means— a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or where the affairs of the body corporate are managed by its members, a member; in relation to a limited liability partnership, means a member; in relation to a relevant partnership, means a partner; in relation to an unincorporated association (other than a relevant partnership), means a person who is concerned in the management and control of the association;

“relevant offence” means an offence under regulation 86 or 87;

“relevant partnership” means a partnership, other than a limited liability partnership, and includes a Scottish partnership.

Chapter 4 — Civil sanctions

Interpretation

89

In this Chapter “enforcement authority” means—

(a) the local weights and measures authority in relation to—

(i) an offence under regulation 86, where the person obstructed or not assisted was authorised by an authority under regulation 83;

(ii) a civil sanction specified in the CS Table for—

(aa) any contravention of an ALA provision in the area of the local weights and measures authority, or

(bb) any contravention of regulation 85 (3) in relation to a notice given by the authority, or the provision of false or misleading information in response to such a notice;

(b) the Environment Agency in relation to—

(i) an offence under regulation 86, where the person obstructed or not assisted was authorised by the Agency under regulation 83;

(ii) a civil sanction specified in the CS Table for—

(aa) any contravention of a provision other than an ALA provision in England,

(bb) any contravention of regulation 85 (3) in relation to a notice given by the Agency, or the provision of false or misleading information in response to such a notice, or

(cc) the provision of false or misleading information in response to a notice given by the deposit management organisation or under any provision of Schedule 2, 3 or 4;

(i) an offence under regulation 86, where the person obstructed or not assisted was authorised by DAERA under regulation 84;

(ii) a civil sanction specified in the CS Table for—

(aa) any contravention of a provision in Northern Ireland,

(bb) any contravention of regulation 85 (3) in relation to a notice given by DAERA or the provision of false or misleading information in response to such a notice, or

(cc) the provision of false or misleading information in response to a notice given by the deposit management organisation or under any provision of Schedule 2, 3 or 4.

Civil sanctions: introductory

90

(1) Where an enforcement authority is satisfied on the balance of probabilities that there has been an act, or a contravention of any requirement, specified in the first column of the CS Table and the corresponding entry for that act or requirement states “yes”, the enforcement authority may, in relation to that act or contravention—

(a) impose a fixed monetary penalty in accordance with Part 3 of Schedule 6;

(b) impose a variable monetary penalty in accordance with Part 4 of Schedule 6;

(d) accept an enforcement undertaking in accordance with Part 6 of Schedule 6.

(2) An enforcement authority may recover a fixed monetary penalty or variable monetary penalty as a civil debt or on the order of a court, as if payable under a court order.

Enforcement cost recovery notices

91

(1) An enforcement authority may serve a notice (an “enforcement cost recovery notice”) on a person on whom a variable monetary penalty notice in accordance with Part 4 of Schedule 6, or a compliance notice in accordance with Part 5 of Schedule 6, has been served requiring that person to pay the costs incurred by the enforcement authority in relation to the imposition of that notice up to the time of its imposition.

(2) The costs mentioned in paragraph (1) include in particular—

(a) investigation costs;

(b) administration costs;

(3) An enforcement cost recovery notice must specify—

(a) the amount required to be paid,

(b) how payment must be made,

(c) the period within which payment must be made, which must be not less than 28 days beginning with the date on which the notice is served,

(d) the grounds for serving the notice,

(e) the right of appeal, and

(f) the consequences of failure to comply with the notice in the specified period.

(4) A person on whom an enforcement costs recovery notice is served may require the enforcement authority to provide a detailed breakdown of the amount.

(5) A person required to pay costs is not liable to pay the proportion of those costs which are shown by the person to have been unnecessarily incurred.

(6) A person required to pay costs may appeal against—

(a) the decision of the enforcement authority to impose the requirement to pay costs;

(b) the decision of the enforcement authority as to the amount of those costs.

Penalties and costs received under this Part

92

(1) The Environment Agency must pay any penalty and costs it receives under this Part into the Consolidated Fund.

(2) DAERA must pay any penalty it receives under this Part into the Consolidated Fund of Northern Ireland.

(3) A local weights and measures authority may retain any penalty and any costs that it receives under this Part.

Withdrawing or amending a notice

93

An enforcement authority may at any time, in writing—

(a) withdraw a fixed penalty notice;

(b) withdraw a variable monetary penalty notice or an enforcement costs recovery notice;

(d) withdraw a compliance notice;

(e) amend the steps specified in a compliance notice so as to reduce the amount of work necessary to comply with the notice;

(f) vary a notice so as to extend the time in which to pay any penalty.

Chapter 5 — Public register

Publication of enforcement action in public register

94

(1) Each national enforcement authority must maintain a register (a “public register”) containing information relating to any enforcement action taken.

(2) The public register must contain details of—

(a) any conviction for an offence under regulation 86, 87 or 88;

(b) any civil sanction imposed under regulation 90 provided that—

(i) the time for lodging any appeal in respect of the civil sanction has expired, or

(ii) any appeal in relation to the civil sanction has been finally disposed of;

(d) any enforcement cost recovery notice served under regulation 91.

(3) Information relating to civil sanctions must be removed from the public register within a period no greater than 4 years after it was entered on the register.

(4) Nothing in this regulation requires the public register to contain information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, before those proceedings are finally disposed of.

(5) In paragraph (4), “criminal proceedings” includes prospective criminal proceedings.

(6) Each national enforcement authority must enter information on the public register, subject to paragraph (4), as soon as reasonably practicable after it comes within that authority’s possession.

(7) Each national enforcement authority must—

(a) make the public register available for inspection by members of the public at all reasonable times, free of charge, and

(b) permit members of the public to obtain copies of entries on the public register on payment of a reasonable charge.

(8) The public register may be kept in any form but shall be indexed or arranged so that members of the public can readily trace information contained in it.

Spent convictions of individuals

95

Each national enforcement authority must remove details of any conviction from the public register once the rehabilitation period for a sentence has ended in accordance with—

(a) section 5 of the Rehabilitation of Offenders Act 1974¹⁸ (rehabilitation periods for particular sentences) as it applies in England;

(b) Article 3 of the Rehabilitation of Offenders (Northern Ireland) Order 1978¹⁹.

Part 10 — Appeals

Interpretation of Part 10

96

In this Part—

“appeal body” means— in relation to England or an appeal under paragraph 8 of Schedule 5, the First-tier Tribunal; in relation to Northern Ireland, the appeals commission;

“appeals commission” means the planning appeals commission provided for in accordance with section 203 of the Planning Act (Northern Ireland) 2011²⁰;

“enforcement authority” has the meaning given in regulation 89.

Right of appeal

97

(1) A person may appeal to the appeal body against—

(a) a decision to refuse the person’s application for appointment as the deposit management organisation under paragraph 2 of Schedule 5,

(b) a decision to revoke the person’s appointment as the deposit management organisation under paragraph 4 of Schedule 5, or

(c) a civil sanction imposed under a notice, or enforcement cost recovery notice, issued under Part 9 which is subject to an appeal.

(2) An appeal under paragraph (1) may only be brought on the grounds that the person making the decision made a material mistake of law.

Procedure on appeal

98

(1) Where an appeal is made to the appeal body under regulation 97—

(a) subject to sub-paragraph (b) and regulation 99, the decision which is the subject of the appeal, including a decision to appoint a person other than the person who is making the appeal to be the deposit management organisation, has effect until the appeal is finally determined or withdrawn, unless the appeal body determines otherwise;

(b) any civil sanction imposed under a notice (other than a compliance notice), or an enforcement cost recovery notice issued under Part 9, which is subject to an appeal is suspended until the appeal is finally determined or withdrawn.

(2) The appeal body may, in relation to the decision or notice which is the subject of the appeal—

(a) quash the decision or withdraw the notice (whether in whole or in part);

(b) confirm the decision or notice (whether in whole or in part);

(d) take any steps that the Secretary of State or the appropriate authority as defined in regulation 82 (1) could take in relation to the matters giving rise to the decision or the act or omission giving rise to the notice;

(e) remit the decision, including any decision whether to confirm any matter relating to the decision or to confirm the notice, to the Secretary of State or the appropriate authority.

(3) Where an appeal is made to the appeals commission, if the appellant so requests or the appeals commission so decides, the appeal must be in the form of a hearing.

(4) Schedule 7 makes further provision about the procedure on an appeal.

Status pending appeal: decision to revoke a person’s appointment as the deposit management organisation

99

(1) In the case of an appeal against a decision to revoke a person’s appointment as the deposit management organisation, the decision is ineffective until the appeal is granted, dismissed or withdrawn.

(2) If the appeal is dismissed or withdrawn, the decision becomes effective from the end of the day on which the appeal is dismissed or withdrawn.

Determination of appeals

100

(1) Where, following an appeal under this Part, the appeal body determines that a decision of a decision maker is to be varied or remitted to the decision maker, the decision maker must—

(a) comply with any directions given to it by the appeal body, and

(b) take any steps necessary to give effect to the appeal body’s determination.

(2) In this regulation “decision maker” means—

(a) the Secretary of State, or

(b) the enforcement authority.

Part 11 — Functions of the national enforcement authorities

Operational plans

101

Each national enforcement authority must consult on, and where satisfied may approve, any revision of a deposit management organisation’s operational plan in accordance with regulation 52.

Enforcement

102

The national enforcement authorities shall take enforcement action as set out in Part 9.

Co-operation with deposit management organisations

103

Each national enforcement authority must, under regulation 73, enter into arrangements with deposit management organisations for securing co-operation and the exchange of information for the carrying out of any of their functions other than any relevant enforcement functions.

Annual reports from deposit management organisations

104

The national enforcement authorities—

(a) must consider the annual reports submitted by a deposit management organisation under regulation 53;

(b) may request such additional reports from the deposit management organisation as the national enforcement authorities consider necessary.

Monitoring functions

105

Each national enforcement authority must monitor—

(a) compliance by registered scheme producers with the obligations of a registered scheme producer under these Regulations;

(b) compliance by the deposit management organisation with the obligations imposed on the deposit management organisation under these Regulations;

(d) the registration of scheme producers;

(e) the registration of scheme retailers;

(f) the accuracy of the information provided by registered scheme producers;

(g) the accuracy of the information provided by scheme retailers;

(h) the accuracy of the information provided by the deposit management organisation.

Monitoring reports

106

(1) Each national enforcement authority must no later than 1st September 2027 and, in each subsequent year no later than 31st December of that year, provide to the Secretary of State or DAERA, as appropriate, a report setting out its proposed monitoring plan.

(2) Each national enforcement authority must no later than 30th September 2027 and, in each subsequent year no later than 31st December of that year, publish its proposed monitoring plan.

(3) The monitoring plan referred to in paragraph (1) must give—

(a) details of the authority’s policy for the following calendar year in relation to performing its functions under regulation 105;

(b) details of the monitoring the authority proposes to carry out during the following calendar year including its monitoring relating to registered scheme producers and to deposit management organisations.

(4) Each national enforcement authority must no later than 31st March 2029 and, in each subsequent year no later than 31st March of that year, publish a report setting out—

(a) the monitoring and enforcement activities it has undertaken during the year commencing with 1st January of the preceding calendar year and ending on 31st December of that year, and

(b) the extent to which by those activities the authority has implemented its monitoring plan for the year reported on, including a description of its performance against the monitoring plan.

Appeals

107

Where an appeal body under regulation 100 determines that a decision of a national enforcement authority is to be varied or remitted to that authority, the national enforcement authority must comply with any directions given to it by the appeal body, and take any steps necessary to give effect to the appeal body’s determination.

Part 12 — Review

Review

108

(1) The Secretary of State must, from time to time—

(a) carry out a review of the regulatory provisions contained in these Regulations,

(b) set out the conclusions of the review in a report, and

(2) Section 30(4) of the Small Business, Enterprise and Employment Act 2015²¹ requires that the report must in particular—

(a) set out the objectives intended to be achieved by the regulatory regime established by the regulatory provisions referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate, and if so, the extent to which they could be achieved by a system which imposes less onerous regulatory provision.

(3) The first report must be published before the end of the period of five years beginning with 1st October 2027.

(4) Subsequent reports must be published at intervals not exceeding five years.

(5) In this regulation “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32(4) of that Act).

Schedule 1 — Scheme producers: registration with the deposit management organisation

Part 1 — Registration

Interpretation of Part 1

1

(1) In this Part—

“applicant” means a person making an application for registration with the deposit management organisation as a scheme producer;

“registration application” means an application for registration with the deposit management organisation as a scheme producer;

“registration information” has the meaning given in sub-paragraph (2).

(2) “Registration information”, in relation to an applicant, means—

(a) the applicant’s name and business name (if different);

(b) the address and telephone number of the applicant’s registered or principal office;

(d) if the applicant is a company, the company registration number;

(e) if the applicant is a partnership, the names of all of the partners;

(f) the name and contact details (including an email address where available) of the person appointed as the point of contact for the applicant in relation to the Scheme;

(g) the applicant’s SIC code;

(h) a statement as to whether or not the applicant is a brand owner;

(i) a statement as to whether or not the applicant is an importer;

(j) a statement as to whether or not the applicant fills to order;

(k) if the applicant is a brand owner or importer, the brand name of each drink for which the applicant is the brand owner or importer;

(l) the total number of deposit items which the applicant expects to supply in the relevant area in the period of 12 months following their registration with the deposit management organisation and in each subsequent 12 month period or as the deposit management organisation directs, together with—

(i) information about the in-scope materials from which the applicant expects the in-scope bottles and cans to be wholly or mainly made,

(ii) the expected capacity of each type of those bottles and cans, and

(iii) if the applicant expects any of the deposit items to be made available for supply in scheme multipacks, the expected size of those multipacks.

(3) For the purposes of sub-paragraph (2)(g), “SIC code” means a code included in the UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007)²².

Registration application

2

(1) A person seeking registration with the deposit management organisation as a scheme producer must make a registration application to the deposit management organisation before 1st October 2027.

(2) A registration application must—

(a) be made in such form and manner as the deposit management organisation directs,

(b) contain the registration information, and

(c) contain such other information (if any) as the deposit management organisation may direct in compliance with sub-paragraph (4).

(3) Where the applicant is a partnership, the registration application must, if made by only one partner, be made by that partner on behalf of all of the partners.

(4) The deposit management organisation may only direct an applicant to provide information in their registration application which the deposit management organisation reasonably requires for the purposes of its functions under, or in connection with, the Scheme.

(5) Where a person becomes a scheme producer after the coming into force of regulation 11, the scheme producer must make a registration application within such period as the deposit management organisation may direct.

Decision on registration application

3

(1) The deposit management organisation—

(a) may make a decision on a registration application before 1st October 2027, and

(b) must grant the registration application and register the applicant as a scheme producer, if the deposit management organisation is satisfied that the registration application meets the requirements of paragraph 2 (2), or

(2) The deposit management organisation must notify the applicant—

(a) of its decision concerning the registration application,

(b) if the application is granted, of the date on which the registration takes effect, and

(3) A notification under sub-paragraph (2) must be in writing.

(4) The deposit management organisation must complete the steps required by sub-paragraphs (1) and (2) within a reasonable period of receiving the registration application.

Requirement to notify the deposit management organisation of changes in registration information

4

(1) A registered scheme producer must notify the deposit management organisation of any change to any of the relevant information.

(2) In this paragraph “relevant information” means—

(a) the registration information, and

(b) any other information that the applicant was directed to include in their registration application by the deposit management organisation.

Part 2 — Cancellation of registration

Cancellation of registration on the request of the registered person

5

(1) The deposit management organisation must cancel a person’s registration as a scheme producer if—

(a) that person notifies the deposit management organisation that they have ceased to be a scheme producer, and

(b) the deposit management organisation is satisfied that that is the case.

(2) Where the deposit management organisation cancels a person’s registration as a scheme producer following a notification under sub-paragraph (1), the deposit management organisation must give the person a notice, which—

(a) states that the person’s registration as a scheme producer has been cancelled, and

(b) specifies the date on which that cancellation takes effect.

Deposit management organisation’s power to cancel registration

6

(1) The deposit management organisation may cancel a person’s registration as a scheme producer if the deposit management organisation is satisfied, without a notification having been given under paragraph 5, that the person has ceased to be a scheme producer.

(2) Before cancelling a person’s registration as a scheme producer in accordance with sub-paragraph (1), the deposit management organisation must give that person a notice (a “proposal notice”).

(3) A proposal notice must be in writing and must—

(a) state why the deposit management organisation is proposing to cancel a person’s registration as a scheme producer,

(b) specify the date on which the cancellation of the person’s registration as a scheme producer will take effect,

(c) state that the person to whom the notice is given may make representations to the deposit management organisation about the proposal, and

(d) specify the form and manner in which such representations are to be made and the period within which they must be made, which must not be less than 28 days beginning with the date on which the person receives the proposal notice.

(4) The deposit management organisation—

(a) must consider any representations made by the relevant person before the date specified in the proposal notice, in accordance with sub-paragraph (3)(b), and

(b) must accept a representation made by that person that the person is a scheme producer.

(5) The deposit management organisation must notify that person in writing of its decision.

(6) Where the deposit management organisation decides to proceed with the cancellation of the person’s registration as a scheme producer, the deposit management organisation must give that person a notice (a “cancellation notice”).

(7) A cancellation notice must be in writing and must—

(a) state that the person’s registration as a scheme producer is being cancelled and the reasons why, and

(b) specify the date on which the cancellation of the registration will take effect, and

(c) state that the person has a right under regulation 76 to ask the deposit management organisation to review the decision.

(8) If the person exercises the right referred to in sub-paragraph (7)(c), the cancellation notice will not take effect pending the review of the decision.

(9) The date specified for the purposes of sub-paragraph (7)(b) must not be before the end of the period of 28 days beginning with the date on which the person receives the cancellation notice.

Schedule 2 — Registration of mandatory return point operators

Interpretation

1

In this Schedule—

“application information”, in relation to an in-scope retailer, means— the retailer’s name, and if different, business name, the address and telephone number of the retailer’s registered or principal office, an address for service, if different from the address mentioned in sub-paragraph (b), if the retailer is a company, the company registration number, if the retailer is a partnership, the names of all of the partners, the name and contact details (including an email address where available) of the person appointed as the point of contact for the retailer in relation to the Scheme, and the address of each of the MRP premises in respect of which the retailer is required to operate a return point in accordance with regulation 34 (1);

“registration application” means an application for registration with the deposit management organisation as a mandatory return point operator.

Application for registration

2

(1) An in-scope retailer must make a registration application to the deposit management organisation before 1st October 2027.

(2) A registration application must—

(a) be made in such form and manner as the deposit management organisation directs, and

(b) contain the application information, and

(3) Where the in-scope retailer is a partnership, the registration application must, if made by only one partner, be made by that partner on behalf of all of the partners.

(4) Where a person becomes an in-scope retailer after the coming into force of regulation 34, the retailer must make a registration application within such period as the deposit management organisation may direct.

Application for registration: decision

3

(1) Where the deposit management organisation receives a registration application which complies with paragraph 2 (2), the deposit management organisation must, within a reasonable period of receiving the application—

(a) register the in-scope retailer in relation to each of the MRP premises in respect of which the retailer is required to operate a return point, and

(b) notify the in-scope retailer in writing that the retailer has been registered as a mandatory return point operator.

(2) The deposit management organisation may register the in-scope retailer under sub-paragraph (1) before 1st October 2027.

Cancellation of registration

4

(1) The deposit management organisation must—

(a) cancel an in-scope retailer’s registration as a mandatory return point operator in respect of any particular MRP premises, if—

(i) the retailer notifies the deposit management organisation that they no longer supply deposit items at or on those premises and the deposit management organisation is satisfied that that is the case, or

(ii) the deposit management organisation grants a return point exemption in respect of those premises;

(b) cancel a person’s registration as a mandatory return point operator, if—

(i) the person notifies the deposit management organisation that they are no longer an in-scope retailer and the deposit management organisation is satisfied that that is the case, or

(ii) the deposit management organisation grants a return point exemption in respect of all of the in-scope retailer’s premises which are MRP premises.

(2) Where the deposit management organisation cancels a person’s registration as a mandatory return point operator following a notification under sub-paragraph (1), the deposit management organisation must give the person a notice which—

(a) states that the person’s registration as a mandatory return point operator has been cancelled, and

(b) specifies the date on which that cancellation takes effect.

(3) The deposit management organisation may—

(a) cancel an in-scope retailer’s registration as a mandatory return point operator in respect of any particular premises if the deposit management organisation is satisfied, without a notification having been given under sub-paragraph (1)(a)(i) that the retailer no longer supplies deposit items at or on those premises;

(b) cancel a person’s registration as a mandatory return point operator, if the deposit management organisation is satisfied, without a notification having been given under sub-paragraph (1)(b)(i), that the person is no longer an in-scope retailer.

(4) Before cancelling a person’s registration as a mandatory return point operator in accordance with sub-paragraph (3), the deposit management organisation must give that person a notice (a “proposal notice”).

(5) A proposal notice must be in writing and must—

(a) state why the deposit management organisation is proposing to cancel the person’s registration as a mandatory return point operator,

(b) specify the date on which the cancellation of the person’s registration as a mandatory return point operator will take effect,

(c) state that the person to whom the notice is given may make representations to the deposit management organisation about the proposal, and

(d) specify the form and manner in which such representations are to be made and the period within which they must be made, which must not be less than 28 days beginning with the date on which the person receives the proposal notice.

(6) The deposit management organisation—

(a) must consider any representations made by the relevant person before the date specified in the proposal notice in accordance with sub-paragraph (5)(b);

(b) may reject any representations made by that person after that date.

(7) The deposit management organisation must notify that person in writing of its decision.

(8) Where the deposit management organisation decides to proceed with the cancellation of the person’s registration as a mandatory return point operator, the deposit management organisation must give that person a notice (a “cancellation notice”).

(9) A cancellation notice must be in writing and must—

(a) state that the persons’ registration as a mandatory return point operator is being cancelled and the reasons why, and

(b) specify the date on which the cancellation of the registration will take effect, and

(c) state that the person has a right under regulation 76 to ask the deposit management organisation to review the decision.

(10) If the person exercises the right referred to in sub-paragraph (9)(c), the cancellation notice will not take effect pending the review of the decision.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.