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

A scheme retailer’s authorisation as a take-back service provider has effect until it is revoked by the deposit management organisation.

Part 4 — Information

Duty to notify the deposit management organisation of a change in the applicant information, return point authorisation information or take-back service authorisation information

8

• (1) A scheme supplier or an exempt groceries retailer who is authorised to operate a return point at or on particular premises must notify the deposit management organisation if there is any change in the applicant information or the return point authorisation information submitted in connection with that scheme supplier’s or exempt groceries retailer’s authorisation.

• (2) A scheme retailer who is authorised to provide take-back services must notify the deposit management organisation if there is any change in the applicant information or the take-back service authorisation information submitted in connection with that scheme retailer’s authorisation.

• (3) A notice under this paragraph must be given within the period of 28 days beginning with the date on which the change occurs.

Part 5 — Revocation of authorisation

Revocation of authorisation on request

9

• (1) The deposit management organisation must, if requested to do so by the scheme supplier or the exempt groceries retailer authorised to operate a return point at or on particular premises, revoke the authorisation to operate that return point.

• (2) The deposit management organisation must, if requested to do so by the scheme retailer, revoke the scheme retailer’s authorisation as a take-back service provider.

• (3) Where the deposit management organisation revokes a person’s authorisation under this paragraph, the deposit management organisation must give the person a notice, specifying the day at the end of which the authorisation ceases to have effect.

Revocation of authorisation on initiative of the deposit management organisation

10

• (1) The deposit management organisation may revoke—

• (a) the authorisation of a scheme supplier or exempt groceries retailer to operate a return point at or on particular premises, or

• (b) a scheme retailer’s authorisation to provide take-back services,

otherwise than following a request under paragraph 9.

• (2) The deposit management organisation may only revoke the authorisation of a scheme supplier or exempt groceries retailer under sub-paragraph (1)(a) on the following grounds—

• (a) the person has failed to comply with one or more of their obligations as a return point operator under or in connection with the Scheme;

• (b) there has been a change of circumstances since the authorisation was granted, including any change such that—

• (i) the location, layout, design, or construction of the premises to which the authorisation relates can no longer, or can no longer easily, permit the operation of a return point and cannot be reasonably altered to allow the continued operation of a return point;

• (ii) the operation of the return point to which the authorisation relates is no longer viable.

• (3) The deposit management organisation may only revoke a scheme retailer’s authorisation to provide take-back services under sub-paragraph (1)(b) on the following grounds—

• (a) the scheme retailer has failed to comply with any of their obligations as a take-back service provider under or in connection with the Scheme;

• (b) there has been a change of circumstances since the authorisation was granted;

• (c) the operation of the take-back service is no longer viable.

• (4) Where the deposit management organisation proposes to revoke an authorisation, it must give that person a notice (a “proposal notice”).

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

• (a) state the reasons for which the deposit management organisation is proposing to revoke the authorisation, and

• (b) specify the day at the end of which the revocation is expected to take effect, if the proposal is upheld, and

• (c) specify the form and manner in which, and the period within which the relevant person may make representations to the deposit management organisation about the proposed revocation, 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 to it in the specified form and manner and by the specified date;

• (b) may consider any representations made otherwise than in the specified form or manner or after the specified date (or both).

• (7) Where the deposit management organisation decides to proceed with the revocation of a person’s authorisation, it must give the person a notice (a “revocation notice”).

• (8) A revocation notice must be in writing and must—

• (a) state that the person’s authorisation is being revoked, and the reasons why, and

• (b) specify the day at the end of which the revocation will take effect, and

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

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

• (10) The date specified for the purposes of sub-paragraph (8)(b) must not be before the end of the period of 28 days beginning with the date on which the person receives the revocation notice.

• (11) The deposit management organisation must notify the person in writing of its decision within a reasonable time.

Schedule 5 — Appointment etc. of the deposit management organisation

Part 1 — Introductory

Interpretation of Schedule 5

1

In this Schedule—

• “DMO applicant” means a person who makes a DMO appointment application;

• “DMO appointment application” means an application to be appointed as the deposit management organisation;

• “not-for-profit body corporate” means a body corporate which uses money earned by, or donated to, that body corporate solely to pursue its objectives and which does not distribute income to its members, directors, or officers except for reasonable remuneration for goods or services supplied to that body;

• “notice” means a notice in writing;

• “specified” means specified in a notice given by the Secretary of State.

Part 2 — Appointment of the deposit management organisation

Decision on DMO appointment applications

2

• (1) The Secretary of State must—

• (a) having assessed each DMO appointment application, determine—

• (i) which DMO applicant is proposed to be appointed as the successful DMO applicant, and

• (ii) whether any conditions apply to the appointment,

• (b) obtain the consent of DAERA to the proposed appointment of the successful DMO applicant, and

• (c) give each DMO applicant a notice of the decision made in respect of their DMO appointment application.

• (2) The Secretary of State may only propose that a DMO applicant is appointed as the deposit management organisation if the Secretary of State is satisfied that the DMO applicant—

• (a) is a not-for-profit body corporate but is not a charity, and

• (b) is suitable for appointment as the deposit management organisation, having regard in particular to—

• (i) the level of support for the DMO applicant’s DMO application amongst scheme producers and scheme suppliers;

• (ii) the DMO applicant’s proposed finance strategy, including in particular how the DMO applicant intends to ensure that the Scheme becomes and remains self-financing;

• (iii) the DMO applicant’s proposed strategy for ensuring that the views of all scheme producers and scheme suppliers (irrespective of their size), and of consumers, are obtained and taken into account in the carrying out of the DMO functions;

• (iv) the DMO applicant’s proposed strategy for minimising the environmental impact of the Scheme and facilitating the recycling of in-scope material;

• (v) the arrangements which the DMO applicant intends to put in place to ensure cooperation with any scheme administrator of another deposit scheme or any Scottish deposit administrator of a Scottish deposit and return scheme, in particular in connection with—

• (aa) the operation of the Scheme;

• (bb) the operation of the other deposit schemes;

• (cc) the operation of the Scottish deposit and return schemes;

• (dd) facilitating and improving the ease of return by consumers of drinks containers purchased in one part of the United Kingdom and returned in another part of the United Kingdom;

• (ee) facilitating and improving the registration process for those who produce, or import, drinks for the United Kingdom market;

• (vi) the DMO applicant’s proposed strategy for reducing and eliminating any fraud in the Scheme, and

• (vii) the purposes for which the DMO proposes to use any amounts which they are permitted to retain under the Scheme but which are not needed to finance the Scheme itself.

• (3) A notice under sub-paragraph (1)(c) must—

• (a) if the Secretary of State grants the DMO applicant’s DMO appointment application—

• (i) state that the application has been granted,

• (ii) specify the date on which the person’s appointment as the deposit management organisation will take effect, and

• (iii) state any conditions applying to the person’s appointment;

• (b) if the Secretary of State refuses the DMO applicant’s DMO appointment application—

• (i) state the reasons for the decision, and

• (ii) state that the DMO applicant may appeal against the decision, and include a statement as to how such an appeal may be brought.

• (4) Where there are two or more DMO applicants, the date specified for the purposes of sub-paragraph (3)(a)(ii) must not be before the end of the period within which a person may bring an appeal against the decision to refuse their DMO appointment application (disregarding any extension of that period).

• (5) In this paragraph “charity” means a body established for charitable purposes only (whether or not it is registered as a charity in any part of the United Kingdom).

Part 3 — Revocation of a person’s appointment as the deposit management organisation

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

3

• (1) The person appointed as the deposit management organisation (“the resigning DMO”) may give notice (a “revocation notice”) to the Secretary of State stating that they wish to cease to be the deposit management organisation.

• (2) If the Secretary of State receives a revocation notice, the Secretary of State must—

• (a) revoke the resigning DMO’s appointment as the deposit management organisation, and

• (b) give the resigning DMO a notice which specifies the date on which the revocation takes effect.

• (3) The date specified for the purposes of sub-paragraph (2)(b) must not be before the end of the period of 18 months beginning with the date on which the Secretary of State receives the revocation notice.

Revocation of a person’s appointment as the deposit management organisation: discretion of the Secretary of State

4

• (1) The Secretary of State may, with the consent of DAERA, revoke a person’s appointment as the deposit management organisation if—

• (a) it appears to the Secretary of State that the person—

• (i) has been convicted of an offence involving financial impropriety or fraud;

• (ii) has become bankrupt;

• (iii) has become subject to insolvency or winding-up proceedings;

• (iv) has had assets made subject to administration or receivership, including by a liquidator or court;

• (v) has entered into an arrangement with the person’s creditors;

• (vi) has become subject to a petition or application for any such procedures or arrangements referred to in sub-paragraphs (ii) to (v);

• (vii) has, in any jurisdiction, been subject to a procedure or an application which corresponds to any procedure or application mentioned in sub-paragraphs (ii) to (v);

• (viii) has failed for at least three years to meet the collection targets for a deposit management organisation;

• (ix) has knowingly or recklessly supplied false information in connection with its DMO appointment application or in connection with any of its obligations as the deposit management organisation under or in connection with the Scheme;

• (x) has failed to comply with a notice or fine issued by a national enforcement authority;

• (xi) has repeatedly refused or failed to pay NEA costs after being invoiced for those costs, or

• (xii) has failed to meet one or more of that person’s conditions of appointment; or

• (b) the person has notified the Secretary of State of a change of circumstances which the Secretary of State considers is likely to prevent the person from complying with that person’s conditions of appointment.

• (2) The Secretary of State—

• (a) must revoke a person’s appointment as the deposit management organisation if the Secretary of State considers—

• (i) that a mandatory exclusion ground set out in Schedule 6 to the Procurement Act 2023[^f00023] (mandatory exclusion grounds) (“the 2023 Act”), applies to that person or to a connected person, and

• (ii) the circumstances giving rise to the application of the exclusion ground are continuing or likely to occur again, or

• (iii) the person, or a connected person, is on the debarment list under section 62 of the 2023 Act (debarment list) by virtue of a mandatory exclusion ground set out in Schedule 6 to that Act.

• (b) may, with the consent of DAERA, revoke a person’s appointment as the deposit management organisation if the Secretary of State considers—

• (i) that a discretionary exclusion ground set out in Schedule 7 to the 2023 Act (discretionary exclusion grounds) applies to that person or to a connected person, and

• (ii) the circumstances giving rise to the application of the exclusion ground are continuing or likely to occur again, or

• (iii) the person, or a connected person, is on the debarment list under section 62 of the 2023 Act by virtue of a discretionary exclusion ground set out in Schedule 7 to that Act.

• (3) In this regulation “connected person” has the same meaning as that given to “connected person” in paragraph 45 of Schedule 6 to the 2023 Act in relation to a supplier.

• (4) If the Secretary of State proposes to revoke a person’s appointment as the deposit management organisation it must give the person a notice (a “proposal notice”).

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

• (a) state that the Secretary of State, with the consent of DAERA, proposes to revoke the person’s appointment as the deposit management organisation, and the reasons why,

• (b) specify the date on which the revocation will take effect,

• (c) state that the person may make representations in connection with the proposed revocation of their appointment, and

• (d) specify the form and manner in, and date by, which any such representations must be made to the Secretary of State.

• (6) The date specified for the purposes of sub-paragraph (5)(b) must not be before the end of the period within which the person may make an application for a review of the decision to revoke their appointment as the deposit management organisation (disregarding any extension of that period).

• (7) The Secretary of State—

• (a) must consider any representations that are made in the specified form and manner, and by the specified date;

• (b) may disregard any representations that are not made in the specified form and manner or are made after the specified date.

• (8) The Secretary of State must notify the deposit management organisation in writing of the decision.

• (9) The Secretary of State must give a copy of any notice under sub-paragraph (8) to DAERA.

• (10) Where the Secretary of State decides to proceed with the proposed revocation, the Secretary of State must give that person a notice (a “revocation notice”).

• (11) The revocation notice must—

• (a) state that the person’s appointment as the deposit management organisation has been revoked, and

• (b) specify the date on which the revocation will take effect.

• (12) The Secretary of State must give a copy of any revocation notice to DAERA.

Transfer of assets etc.

5

• (1) The Secretary of State may transfer relevant property, rights and liabilities of the outgoing DMO to the new DMO, or to the interim scheme administrator, as a consequence of the outgoing DMO ceasing to be the deposit management organisation.

• (2) The relevant property, rights and liabilities of the outgoing DMO that may be transferred under paragraph (1) are as follows—

• (a) data created and compiled specifically for the Scheme;

• (b) land assets;

• (c) intellectual property, including scheme branding;

• (d) deposits;

• (e) IT systems;

• (f) contracts entered into by the outgoing DMO for the purpose of the Scheme;

• (g) collection and processing infrastructure;

• (h) staff and human resources systems.

• (3) The Secretary of State may only transfer such of the relevant property, rights and liabilities set out in paragraph (2) as constitute the minimum assets required to keep the Scheme operational and to protect consumer interests.

• (4) The transfer of any property, rights and liabilities is effective on the new appointment date.

• (5) The property, rights and liabilities that may be transferred under this paragraph include property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the outgoing DMO.

• (6) A transfer of property, rights and liabilities under this paragraph takes effect despite the absence of any required consent or concurrence to or with the transfer and as if—

• (a) no liability existed in respect of a contravention of a requirement for consent or concurrence, and

• (b) there were no interference with any property or right,

that would otherwise exist by reason of any provision (whether under any enactment or agreement or otherwise) having effect in relation to the terms on which the outgoing DMO is entitled to the property or right, or subject to the liability, in question.

• (7) For the purposes of this paragraph, any property, right or liability of the outgoing DMO is relevant property, or a relevant right or liability, only if it was acquired by, or the outgoing DMO became subject to it, in the course of the exercise of its functions as the deposit management organisation under or in connection with the Scheme.

• (8) In this paragraph and paragraph 6—

• “the new appointment date” means the date on which the new DMO’s appointment takes effect;

• “the new DMO” means the person next appointed as the deposit management organisation following the revocation of the outgoing DMO's appointment;

• “the outgoing DMO” means the person whose appointment as the deposit management organisation is revoked under paragraph 3 or 4.

Transitional provision in connection with paragraph 5

6

• (1) Anything that—

• (a) is done (or has effect as if done) by or in relation to the outgoing DMO in respect of any property, right or liability transferred to the new DMO under paragraph 5, and

• (b) has effect immediately before the new appointment date,

is to be treated as done by or in relation to the new DMO.

• (2) There may be continued by or in relation to the new DMO anything (including legal proceedings) that—

• (a) relates to any property, right or liability transferred under paragraph 5, and

• (b) is in the process of being done by, on behalf of or in relation to the outgoing DMO immediately before the new appointment date.

Continuity in exercise of deposit management organisation functions

7

• (1) Anything done by the outgoing DMO in connection with the exercise of the DMO functions has effect as if done by the new DMO.

• (2) In this paragraph, “the new DMO” and “the outgoing DMO” have the same meanings as in paragraph 5(8).

Part 4 — Appeals in connection with Parts 2 and 3

Right of appeal

8

• (1) A DMO applicant may appeal against a decision of the Secretary of State under paragraph 2 to refuse their DMO appointment application.

• (2) A person may appeal against a decision of the Secretary of State under paragraph 4 to revoke their appointment as the deposit management organisation.

• (3) An appeal under sub-paragraph (1) or (2) is to the First-tier Tribunal.

Schedule 6 — Civil Sanctions

Part 1 — Introductory

Interpretation of Schedule 6

1

In this Schedule—

• “compliance notice” has the meaning given in paragraph 14(1);

• “enforcement undertaking” means an undertaking, in writing, to take the action specified in that undertaking within the period specified in that undertaking;

• “FMP” means a fixed monetary penalty;

• “variable monetary penalty” means a penalty of such amount as the enforcement authority may determine;

• “VMP” means a variable monetary penalty.

Part 2 — The Table of Civil Sanctions

Requirement or act	FMP (amount)	VMP	compliance notice	enforcement undertaking
Scheme producers
Regulation 11 and Part 1 of Schedule 1 (registration)	No	Yes	Yes	Yes
Regulation 13(1)(a) or (b) (requirement to make or keep records)	No	Yes	Yes	Yes
Providing information in response to a DMO instruction under regulation 14, or in an application for registration under paragraph 2 of Schedule 1, or under paragraph 4 or 5 of Schedule 1, where— (a) the person providing the information knows it to be inaccurate, false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular, or (c) the person providing the information knows it to be incomplete in a material particular, or (d) the producer has not notified the deposit management organisation of a change to the relevant information.	No	Yes	Yes	Yes
Providing information in an application under regulation 18 for registration of a product line as a low volume line, where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.	No	Yes	Yes	Yes
Regulation 21 (requirement to pay a producer registration fee)	No	Yes	Yes	Yes
Regulation 22 (requirement to pay deposits to the deposit management organisation)	No	Yes	Yes	Yes
Scheme suppliers
Regulation 23 (prohibition on supply of items from a scheme producer not registered with the deposit management organisation)	Yes (£1,000)	No	Yes	No
Regulation 24(1)(a) (requirement for deposit item to carry scheme logo)	Yes (£1,000)	No	Yes	No
Regulation 24(1)(b) (requirement for deposit item to carry scheme return code)	Yes (£1,000)	No	Yes	No
Regulation 24(2) (requirement for scheme multipack to carry scheme packaging logo)	Yes (£1,000)	No	Yes	No
Regulation 25(1) (prohibition on supply of a registered low volume product carrying a scheme logo or scheme return code)	Yes (£1,000)	No	Yes	No
Regulation 26(1) or (6) (requirement to provide or display, or provide for display, the Scheme information)	Yes (£1,000)	No	Yes	No
Regulation 27(1) (requirement to provide or display, or provide for display, the LVP information)	Yes (£500)	No	Yes	No
Regulation 28(1) (requirement to charge a deposit), where the scheme supplier is a scheme retailer	Yes (£1,000)	No	Yes	No
Regulation 28(1), where the scheme supplier is not a scheme retailer	No	Yes	Yes	Yes
Regulation 29(1) (requirement to display opt-out information)	Yes (£500)	No	Yes	No
Providing information in response to a DMO instruction under regulation 30 where— (a) the person providing the information knows it to be inaccurate, false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular, or (c) the person providing the information knows it to be incomplete in a material particular.	No	Yes	Yes	Yes
Return of returnable items
Regulation 34(1) (requirement to operate a return point)	Yes (£1,000)	No	Yes	No
Regulation 34(4) and (5) and Schedule 2 (requirement to register, or renew registration, with the deposit management organisation as a mandatory return point operator)	No	Yes	Yes	Yes
Providing information under paragraph 2, or 4 of Schedule 2 where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.	No	Yes	Yes	Yes
Failure to provide information under paragraph 7 of Schedule 3 (return point exemption: duty to notify deposit management organisation of change of circumstances.	No	Yes	Yes	Yes
Providing information under paragraph 2, 7 or 9 of Schedule 3 where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.	No	Yes	Yes	Yes
Regulation 36(1) (requirement to display information where no return point is operated)	Yes (£500)	No	Yes	No
Regulation 40 (requirement to display information at a return point)	Yes (£500)	No	Yes	No
Regulation 41 (requirement to be a scheme retailer and registered in order to provide a take-back service)	Yes (£1,000)	No	Yes	No
Regulation 42(1) or (5) (requirement to provide or display information about a take-back service)	Yes (£500)	No	Yes	No
Providing information in an application under paragraph 2 or 5 of Schedule 4, where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.	No	Yes	Yes	Yes
Paragraph 8 of Schedule 4 (duty to notify the deposit management organisation of a change in information)	No	Yes	Yes	Yes
Regulation 47(1), (2) or (3) (b) (requirements as to the payment of the total return amount)	Yes (£500)	No	Yes	No
Regulation 48 (requirement to retain returnable items)	Yes (£1,000)	No	Yes	No
Regulation 49 (requirement to retain or return returnable items)	Yes (£1,000)	No	Yes	Yes
The deposit management organisation
Regulation 51(3) (requirement to comply with conditions of appointment)	No	Yes	Yes	Yes
Regulation 52(1) (requirement to act in accordance with operational plan)	No	Yes	Yes	Yes
Regulation 53(1) (requirement to submit annual report)	No	Yes	Yes	Yes
Regulation 54(1) (requirement to establish and maintain a reserve fund)	No	Yes	Yes	Yes
Regulation 55 (scheme logo and scheme packaging logo: requirement to issue)	No	Yes	Yes	Yes
Regulation 56 (publication of scheme logo and scheme packaging logo)	No	Yes	Yes	Yes
Regulation 57 (scheme return code)	No	Yes	Yes	Yes
Regulation 66(1) (requirement to collect returnable items etc. from return point operators etc.)	No	Yes	Yes	Yes
Regulation 66(2) (requirement to pay sums for returnable items)	No	Yes	Yes	Yes
Regulation 68 (requirement to recycle or make arrangements for recycling of in-scope material from refund items)	No	Yes	Yes	Yes
Regulation 69 (requirement to make arrangements for the recycling of in-scope material from items other than refund items)	No	Yes	Yes	Yes
Regulation 71 (requirement to pay NEA costs)	No	Yes	Yes	Yes
Regulation 72 (information about returns data)	No	Yes	Yes	Yes
Failure, without reasonable excuse, to comply with the obligation in regulation 81 (collection targets).	No	Yes	Yes	Yes
Matters connected with enforcement
Regulation 85(3) (requirement to comply with an information notice), where the notice is given by a local weights and measures authority	Yes (£500)	No	Yes	No
Providing information to a local weights and measures authority in response to an information notice under regulation 85 where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.	Yes (£500)	No	Yes	No
Regulation 85(3) (requirement to comply with an information notice), where the notice is given by a national enforcement authority	No	Yes	Yes	Yes
Providing information to a national enforcement authority under regulation 85 where — (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular.	No	Yes	Yes	Yes
Regulation 86(1) (obstructing or failing to assist an authorised person), where the authorised person was appointed by a local weights and measures authority	Yes (£1,000)	No	Yes	No
Regulation 86(1) (obstructing or failing to assist an authorised person), where the authorised person was appointed by DAERA or the Environment Agency	No	Yes	Yes	Yes

Part 3 — Fixed monetary penalties

Power to impose an FMP

2

• (1) An enforcement authority may, by notice, impose an FMP on a person in relation to an act or contravention of a requirement mentioned in the CS Table, if the CS Table indicates that an FMP is available for that act or contravention of that requirement.

• (2) Before doing so, the enforcement authority must be satisfied on the balance of probabilities that the person has acted or contravened the relevant requirement as set out in the CS Table.

• (3) “Fixed monetary penalty” means a requirement to pay to the enforcement authority a penalty in relation to an act or contravention of a requirement mentioned in the CS Table, of the amount indicated in the CS Table for that act or contravention of that requirement.

Notice of intention to impose an FMP

3

• (1) Where an enforcement authority proposes to impose an FMP on a person, the authority must give that person a notice of what is proposed (referred to in this Part of this Schedule as a “notice of intent”).

• (2) A notice of intent must be in writing and must—

• (a) state the grounds for imposing the FMP,

• (b) state the amount of the FMP, and

• (c) include information as to the right to make representations and objections within the period of 28 days beginning with the date on which the person receives the notice (referred to in this Part of this Schedule as “the 28-day period”).

Making representations and objections

4

• (1) A person who is given a notice of intent may, within the 28-day period, make representations or objections to the enforcement authority in relation to the proposed imposition of the FMP.

• (2) Any representations or objections under paragraph (1) must be in writing.

Final notice of decision to impose an FMP

5

• (1) The enforcement authority must, after considering any representations or objections made within the 28-day period, notify the person concerned in writing of its decision.

• (2) Where the decision is made to impose the FMP (with or without modifications to the original terms of the notice of intent) the enforcement authority must serve a final notice in writing and must include the following information—

• (a) the amount of the FMP,

• (b) the grounds for imposing the FMP,

• (c) how payment of the FMP is to be made,

• (d) that the date by which payment must be made is the last day of a period of 56 days beginning with the date of receipt of the final notice,

• (e) details of the late payment penalties,

• (f) information as to the right of appeal, and

• (g) the consequences of non-payment.

Appeal

6

• (1) A person who receives a final notice may appeal against it.

• (2) The grounds of appeal are—

• (a) that the decision was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unreasonable for any other reason.

Non-payment after 56 days

7

• (1) An FMP must be paid within the period of 56 days beginning with the date of receipt of the final notice, unless the final notice is appealed in which case regulation 98(1)(b) applies.

• (2) If the FMP is not paid within that period, the amount payable is the original amount of the FMP plus 50% of that figure.

• (3) Where a final notice is appealed and the appeal is unsuccessful or withdrawn—

• (a) the FMP is payable within the period of 28 days beginning with the day on which the appeal is determined or withdrawn (as the case may be), and

• (b) if the FMP is not paid within that period, the amount payable is the original amount of the FMP plus 50% of that figure.

Part 4 — Variable monetary penalties

Power to impose a VMP

8

• (1) An enforcement authority may, by notice, impose a VMP on a person in relation to an act or contravention of a requirement mentioned in the CS Table, if the CS Table indicates that a VMP is available for the act or contravention.

• (2) A requirement under this paragraph must not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission.

• (3) Before serving a notice relating to a VMP for failure to comply with a compliance notice or enforcement undertaking, the enforcement authority may require a person to provide such information as is reasonable to establish the amount of any benefit arising from the failure to comply with the compliance notice or enforcement undertaking.

Notice of intention to issue a VMP

9

• (1) Where an enforcement authority proposes to impose a VMP on a person under this Part of this Schedule, the authority must give the person a notice of what is proposed (a “notice of intent”).

• (2) A notice of intent must be in writing and must include—

• (a) the grounds for imposing the VMP,

• (b) the amount of the penalty,

• (c) information as to the right to make representations within the period of 28 days beginning with the day on which the person receives the notice (referred to in this Part of this Schedule as “the 28-day period”).

Representations and objections

10

• (1) A person on whom a notice of intent is served may within the 28-day period make representations to the enforcement authority about the proposed imposition of the VMP.

• (2) Any representations or objections under this paragraph must be in writing.

Service of final notice

11

• (1) The enforcement authority must after considering any representations made within the 28-day period, notify the person concerned of its decision, with or without modifications.

• (2) Where the enforcement authority decides to impose a VMP, the enforcement authority must give a notice (referred to in this Part of this Schedule as a “final notice”) to the relevant person.

• (3) The final notice must be in writing.

Contents of final notice

12

A final notice must include—

• (a) the grounds for imposing the VMP,

• (b) the amount of the penalty,

• (c) how the payment may be made,

• (d) the period within which the payment must be made, which must not be less than 28 days from when the final notice is given,

• (e) information as to the right of appeal, and

• (f) information as to the consequences of failing to comply with the notice.

Appeal against a final notice

13

• (1) A person who receives a final notice may appeal against it.

• (2) The grounds of appeal are—

• (a) that the decision was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the amount of the penalty is unreasonable;

• (d) that the decision was unreasonable for any other reason.

Part 5 — Compliance Notices

Issue of a compliance notice

14

• (1) An enforcement authority may, by notice (a “compliance notice”), impose a requirement on a person to take such steps as the authority may specify, within such period as the authority may specify, to secure that the contravention of a requirement does not continue or recur in relation to an act or a contravention of a requirement mentioned in the CS Table, if the CS Table indicates such penalty is possible for the act or contravention.

• (2) Before imposing any such requirement, the enforcement authority must be satisfied that there are reasonable grounds for considering that the person has contravened or will contravene the relevant requirement.

• (3) A requirement must not be imposed on a person on more than one occasion in relation to the same act or omission unless the act or omission is a continuing act or omission.

• (4) But sub-paragraph (3) does not prevent an equivalent requirement being imposed on a person in a compliance notice if any earlier requirement imposed on that person in relation to the same act or omission has first been withdrawn.

Contents of a compliance notice

15

A compliance notice must include—

• (a) information as to the grounds for imposing the requirement,

• (b) information as to the compliance or restoration which is required and the period within which it must be completed,

• (c) information about the right of appeal, and

• (d) information as to the consequences of failing to comply with the notice.

Appeal against a compliance notice

16

• (1) A person who receives a compliance notice may appeal against it.

• (2) The grounds of appeal are—

• (a) that the decision was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the nature of the requirement is unreasonable;

• (d) that the decision was unreasonable for any other reason.

Part 6 — Enforcement undertaking

Power to accept an enforcement undertaking and related matters

17

• (1) An enforcement authority may accept an enforcement undertaking from a person in a case where, in relation to an act or a contravention of a requirement mentioned in the CS Table, the CS Table indicates that a penalty is available for that act or contravention.

• (2) Before accepting any enforcement undertaking, the enforcement authority concerned must first establish a procedure appropriate to such undertakings.

• (3) The enforcement authority must—

• (a) consult such persons as it considers appropriate before establishing the procedure, and

• (b) publish the procedure established.

Contents of an enforcement undertaking

18

• (1) An enforcement undertaking must—

• (a) specify a relevant action,

• (b) specify the period within which that action must be completed, and

• (c) include—

• (i) a statement that the undertaking is made in accordance with this Part,

• (ii) the terms of the undertaking, and

• (iii) a statement as to how and when the person giving the undertaking should be considered to have discharged the undertaking.

• (2) An enforcement undertaking may be varied, or the period within which the relevant action is to be taken extended, if agreed in writing by the enforcement authority and the person who gave the enforcement undertaking.

• (3) For the purposes of this paragraph “relevant action” means—

• (a) action to secure that the contravention of the requirement of these Regulations does not continue or recur,

• (b) action to secure that the position is, so far as possible, restored to what it would have been had the contravention not occurred, or

• (c) action (including the payment of a sum of money) to benefit or improve the environment, such as action to prevent littering or increase the recycling of in-scope material from which containers are made.

Effect of acceptance of an enforcement undertaking

19

• (1) If an enforcement authority accepts an enforcement undertaking under paragraph 17(1), the enforcement authority must not impose any other civil sanction in respect of the act or the contravention to which the enforcement undertaking relates.

• (2) But sub-paragraph (1) ceases to apply if the person fails to comply with the relevant enforcement undertaking or any part of it.

Publication of enforcement undertakings

20

An enforcement authority must publish each enforcement undertaking it accepts in such manner as it considers appropriate for the purposes of bringing it to the attention of persons who may be affected.

Discharge of an enforcement undertaking

21

• (1) If an enforcement authority is satisfied that an enforcement undertaking has been complied with, the enforcement authority must issue a certificate (a “discharge certificate”) to that effect.

• (2) An enforcement authority may require a person who has given an enforcement undertaking to provide sufficient information for the purposes of determining whether the person has complied with that undertaking.

• (3) A person who has given an enforcement undertaking may apply, at any time, for a discharge certificate.

• (4) Where an enforcement authority receives an application under sub-paragraph (3), the authority must within the relevant period—

• (a) decide whether to issue a discharge certificate, and

• (b) notify the person making the application of that decision.

• (5) The “relevant period” is the period of 14 days beginning with the day on which the enforcement authority receives the application in question.

Rights of appeal

22

• (1) A person who has given an enforcement undertaking to an enforcement authority may appeal against a decision of that authority not to issue a discharge certificate.

• (2) The grounds of appeal are—

• (a) that the decision was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unfair or unreasonable;

• (d) that the decision was wrong for any other reason.

Inaccurate, incomplete or misleading information

23

• (1) A person who gives inaccurate, incomplete or misleading information in relation to an enforcement undertaking is to be regarded as not having complied with it.

• (2) An enforcement authority may revoke a discharge certificate if it was issued on the basis of inaccurate, incomplete or misleading information.

Partial compliance with an enforcement undertaking

24

If a person has partly complied with an enforcement undertaking, the enforcement authority must take that into account when imposing any other civil sanction.

Schedule 7 — Procedure on Appeal

Application

1

• (1) Paragraph 2 applies to a person in England who wishes to appeal to the First-tier Tribunal under regulation 97 (such a person is referred to in this Schedule as an “FTT appellant”).

• (2) Paragraphs 3 to 5 apply to a person in Northern Ireland who wishes to appeal to the appeals commission under regulation 97 (such a person is referred to in this Schedule as a “PACNI appellant”).

• (3) In this Schedule, “appeals commission” means the planning appeals commission established in accordance with section 203 of the Planning Act (Northern Ireland) 2011[^f00024].

Appeal to the First-tier Tribunal

2

• (1) A FTT appellant may appeal to the First-tier Tribunal in accordance with the GRC Rules 2009.

• (2) The GRC Rules 2009 apply to the appeal subject to the modification in sub-paragraph (3).

• (3) Rule 22 of the GRC Rules 2009 applies to an appeal brought under regulation 97 of these Regulations as if paragraph (1)(b) of that rule required the appeal to be brought within two months of the date on which the notice to which the appeal relates was sent to the FTT appellant.

• (4) In this paragraph “the GRC Rules 2009” means the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009[^f00025].

Appeal to the appeals commission: notice of appeal

3

• (1) A PACNI appellant must appeal to the appeals commission by sending a notice to the appeals commission (“the notice of appeal”).

• (2) The notice of appeal must be in writing and must be accompanied by the relevant fee.

• (3) The relevant fee is the amount specified in regulation 9(1) of the Planning Fees (Deemed Planning Applications and Appeals) Regulations (Northern Ireland) 2015[^f00026].

• (4) The notice of appeal must be accompanied by—

• (a) a statement of the grounds of appeal,

• (b) a copy of the notice which is the subject of the appeal,

• (c) a copy of any correspondence between the PACNI appellant and the deposit management organisation or the national enforcement authority and any other document relevant to the appeal,

• (d) a copy of any other document on which the PACNI appellant intends to rely for the purposes of the appeal, and

• (e) a statement indicating whether the PACNI appellant wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations.

Appeal to the appeals commission: time for bringing appeal

4

The notice of appeal under paragraph 3(1) must be given to the appeals commission before the end of the period of 2 months beginning with the date on which the notice to which the appeal relates was received by the appellant.

Appeal to the appeals commission: decision on appeal

5

• (1) The appeals commission must notify the PACNI appellant in writing of the decision on the appeal and the reasons for that decision.

• (2) If the appeals commission determines the appeal after a hearing, the appeals commission must provide the appellant with a copy of any report made by the person who conducted the hearing.

• (3) The appeals commission must, at the same time as notifying the appellant of the decision on the appeal, send a copy of any document sent to the appellant under this paragraph to the national enforcement authority.

Signed

Mary Creagh — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 23rd January 2025

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations are the first to be made under powers which include the powers in Schedule 8 to the Environment Act 2021 (c. 30). They establish, in England and Northern Ireland, a deposit scheme for container drinks which are supplied for consumption in England or Northern Ireland. The relevant containers are single-use closed bottles and cans made from polyethylene terephthalate (PET) plastic, steel or aluminium which contain between 150 millilitres and 3 litres of liquid.

From 1st October 2027, anyone in England or Northern Ireland who is supplied with a container drink to which these Regulations apply must pay a deposit to the person who supplies them with that drink, and a person who returns an empty container to a collector will be entitled to a refund. Under the scheme it will also be possible to return and claim a refund for certain empty containers from drinks which were purchased outside of England and Northern Ireland.

Part 1 of the Regulations contains introductory provisions.

Part 2 contains provisions on interpretation.

Part 3 contains provisions relating to the establishment of a deposit scheme for container drinks in England and Northern Ireland. This Part also sets out the circumstances in which a person is not entitled to a refund for a returnable item.

Chapter 1 of Part 4 contains provisions on registration requirements for scheme producers, the obligation of deposit management organisations to keep a register of registered scheme producers and provisions requiring registered scheme producers to keep records relating to the supply of container drinks. Deposit management organisations have powers to obtain information from registered scheme producers and powers relating to the cancellation of registration. Chapter 2 contains provisions relating to registered low volume products. Chapter 3 contains provisions relating to payments by registered scheme producers to deposit management organisations.

Part 5 contains provisions relating to scheme suppliers, including a prohibition on the supply of drinks produced by a scheme producer who is not registered, and provisions relating to the labelling of deposit items, of scheme multipacks and of registered low volume products. Part 5 also contains provisions requiring scheme suppliers to display information about the deposit scheme and about registered low volume products and also provisions giving deposit management organisations the power to obtain information from scheme suppliers.

Part 6 contains provisions relating to the return of returnable items. Chapter 1 of Part 6 contains provisions on items subject to overseas schemes. Chapter 2 contains provisions relating to mandatory return points for container drinks and chapter 3 contains provisions relating to voluntary return points. Chapter 4 contains provisions on information to be provided at return points and chapter 5 contains provisions on take-back services and on the collection or acceptance of returnable items by deposit management organisations. Chapter 6 contains provisions on the register of return points, the register of return point exemptions and the register of take-back service providers and chapter 7 contains provisions on the general obligations of scheme collectors to offer payment for returnable items and to retain them for collection.

Part 7 contains provisions relating to the role of the deposit management organisation as scheme administrator. Chapter 1 contains provisions on the appointment and governance of a deposit management organisation and chapter 2 contains provisions on the issue and administration arrangements for scheme logos, scheme packaging logos and scheme return codes. Chapter 3 contains provisions relating to deposits, including determining the amount of the deposit and the use that may be made of amounts received as deposits. Chapter 4 contains provisions relating to fees for registration, and chapter 5 contains provisions relating to the collection of returnable items, including reviews of the operation of return points. Chapter 6 contains provisions on the recycling of in-scope materials from drinks containers which have been returned. Chapter 7 contains provisions relating to national enforcement authorities and chapter 8 contains provisions relating to deposit management organisations working with other scheme administrators established in Wales, Scotland or overseas. Chapter 9 contains provisions relating to the internal review of decisions made by deposit management organisations. Chapter 10 contains provisions relating to the revocation of a person’s appointment as the deposit management organisation and includes provisions relating to the Secretary of State (or another person) acting as interim scheme administrator until a person is appointed as the deposit management organisation.

Part 8 contains provisions relating to targets for deposit management organisations.

Part 9 contains provisions relating to enforcement. Chapter 2 sets out enforcement powers applicable in England and Northern Ireland respectively and contains powers for the appropriate authorities to require the provision of information. Chapter 3 contains provisions relating to offences and chapter 4 provisions relating to civil sanctions. Chapter 5 contains provisions relating to the publication of enforcement action in a public register.

Part 10 sets out provisions relating to rights of appeal and the procedure on appeal.

Part 11 sets out the functions of the national enforcement authorities.

Part 12 contains provisions for a review of the regulatory provisions contained in these Regulations.

A full impact assessment of the effect that these Regulations will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk, and from the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London, SW1P 4DF.

Footnotes

[^f00001]: 2021 c. 30.

[^f00002]: S.I. 2000/645.

[^f00003]: 2021 c. 30.

[^f00004]: 1992 c. 13. Section 91 was amended by the Learning and Skills Act 2000 (c. 21), the Apprenticeships, Children and Learning Act 2009 (c. 22), the Higher Education and Research Act 2017 (c. 29) and S.I. 2018/1226 and 2019/1027.

[^f00005]: 2006 c. 41. There are amendments to section 275 but they are not relevant for the purposes of these Regulations.

[^f00006]: 1985 c. 72. Section 69 was amended by paragraph 75 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19), Part IV of the Statute Law (Repeals) Act 1989 (c. 43) and S.I. 1996/396. There are other amendments to section 69 but they are not relevant for the purposes of these Regulations.

[^f00007]: “Scottish deposit and return scheme” is defined in paragraph (6) of Schedule 8 to the Environment Act 2021.

[^f00008]: The Deposit and Return Scheme for Scotland Regulations 2020 (S.S.I. 2020/154) (“the 2020 Regulations”) make provision for a deposit and return scheme for Scotland. The 2020 Regulations were amended by the Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76) and by the Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201).

[^f00009]: See paragraph 1(2) of Schedule 8 to the Environment Act 2021 for the meaning of “deposit scheme”.

[^f00010]: S.I. 2004/102.

[^f00011]: The document titled ‘2011 rural urban classification of output areas” is available at: https://www.ons.gov.uk/methodology/geography/geographicalproducts/ruralurbanclassifications/2011ruralurbanclassification. A hard copy of the document can be obtained from the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London, SW1P 4DF.

[^f00012]: The document titled “Urban-Rural Classification 2015” is available at: Urban-Rural Geography Documents (2015) Northern Ireland Statistics and Research Agency (https://www.nisra.gov.uk). A hard copy of the document can be obtained from the Department of Agriculture, Environment and Rural Affairs, Jubilee House, 111 Ballykelly Road, Ballykelly, Limavady, BT49 9HP.

[^f00013]: “Scottish deposit administrator” is defined by paragraph 6 of Schedule 8 to the Environment Act 2021.

[^f00014]: “Scottish deposit and return scheme” is defined by paragraph 6 of Schedule 8 to the Environment Act 2021.

[^f00015]: There are amendments to section 108(4) of the Environment Act 1995 but they are not relevant to these Regulations.

[^f00016]: 1995 c. 25.

[^f00017]: S.I. 1997/2778 (N.I. 19). Article 72 was amended by sections 5 and 11 of the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 (c. 5) and by S.I. 2007/611 (N.I. 3) and 2019/584.

[^f00018]: 1974 c. 53. Section 5 of the Rehabilitation of Offenders Act 1974 was amended by section 139(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). There are other amendments to section 5 but they are not relevant for the purposes of these Regulations.

[^f00019]: S.I. 1978 No. 1908 (N.I. 27). Article 3 was amended by paragraph 8 of Schedule 11 to the Proceeds of Crime Act 2002 (c. 29).

[^f00020]: 2011 c. 25.

[^f00021]: 2015 c. 26.

[^f00022]: The UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007) was published by the Office for National Statistics in December 2009, ISBN 978-0-230-21012-7 and is available at: UK SIC 2007 - Office for National Statistics (https://www.ons.gov.uk).

[^f00023]: 2023 c. 54.

[^f00024]: 2011 c. 25.

[^f00025]: S.I. 2009/1976 (L. 20).

[^f00026]: S.R. 2015 No. 136.