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The Deposit Scheme for Drinks Containers (Wales) Regulations 2026

Type Welsh-Statutory-Instrument

Publication 2026-03-25

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) The deposit management organisation must act in accordance with its operational plan.

(2) The deposit management organisation—

(a) must consider how its operational plan would adapt to and manage any expansion of the types of in-scope material;

(b) may review its operational plan at any time, and must do so—

(i) by the end of the period of 12 months beginning with the date of appointment under regulation 51(1), and

(ii) subsequently at intervals not exceeding 12 months.

(3) The deposit management organisation may revise its operational plan following a review under paragraph (2)(b) and must, as soon as reasonably practicable, submit a revised plan to—

(a) the Welsh Ministers, and

(b) NRW.

(4) Any revision of the operational plan must be approved by NRW, with or without modifications.

(5) But, where the Welsh Ministers give NRW a notice in writing (a “call-in notice”) that a revision of the operational plan is to be approved by the Welsh Ministers instead of NRW, that revision is to be approved by the Welsh Ministers.

(6) A call-in notice may relate to—

(a) a particular revision, or

(b) such descriptions of revision as may be specified in the notice.

(7) Before NRW approve any revision of the operational plan, NRW must consult—

(a) the Welsh Ministers, and

(b) the deposit management organisation.

(8) Before the Welsh Ministers approve any revision of the plan, the Welsh Ministers must consult—

(a) NRW, and

(b) the deposit management organisation.

(9) An approval under paragraph (4) or (5) must be in writing.

(10) The deposit management organisation must, as soon as reasonably practicable, incorporate any revision approved under paragraph (4) or (5) into its operational plan and must send a copy of that revised operational plan, if requested to do so to—

(a) the Welsh Ministers, and

(b) NRW.

Annual report

54

(1) The deposit management organisation must submit an annual report to the Welsh Ministers and NRW for each scheme year.

(2) The annual report must set out how, and the extent to which, the deposit management organisation has, in the relevant scheme year, acted in accordance with its operational plan.

(3) The annual report must be submitted to the Welsh Ministers and NRW as soon as reasonably practicable, and in any event within a period of 6 weeks beginning with the day after the final day of the scheme year to which it relates.

Reserve fund

55

(1) The deposit management organisation which is first appointed under regulation 51(1) must establish a reserve fund within 5 years of the date of its appointment.

(2) The deposit management organisation which establishes a reserve fund, and any deposit management organisation which is subsequently appointed in its place, must—

(a) maintain the reserve fund in such amount as is necessary to fund the payments set out in paragraph (3), or

(b) maintain the reserve fund in such amount as the Welsh Ministers may direct.

(3) In this regulation “reserve fund” means a fund out of which, in the event of the deposit management organisation’s appointment being revoked, payments may be made by the interim scheme administrator in respect of—

(a) expenditure incurred by the deposit management organisation in the exercise of its functions under or in connection with the Scheme before its appointment was revoked, and

(b) expenditure incurred by the interim scheme administrator in the exercise of its functions under or in connection with the Scheme before the appointment of another person as the deposit management organisation (see Chapter 11 of this Part).

Chapter 2 — Scheme logo, scheme packaging logo and scheme return code

Scheme logo and scheme packaging logo

56

(1) The deposit management organisation—

(a) must issue to registered scheme producers a single logo designed to be carried on each deposit item to identify it as a deposit item (the “scheme logo”);

(b) may issue to registered scheme producers a single logo designed to be carried on each scheme multipack to identify the scheme multipack as packaging which contains one or more deposit items (the “scheme packaging logo”).

(2) A scheme logo or scheme packaging logo may be withdrawn and replaced by the deposit management organisation.

(3) Before deciding to issue or withdraw and replace a scheme logo or scheme packaging logo, the deposit management organisation must consider the likely impact of the decision on registered scheme producers.

(4) Where the deposit management organisation issues or replaces a scheme logo or scheme packaging logo, it must specify the date from which that logo is to be used by registered scheme producers and scheme suppliers.

(5) The date specified under paragraph (4) must be a date which the deposit management organisation is satisfied gives registered scheme producers and scheme suppliers sufficient notice of the change before it takes effect.

Publication of scheme logo and scheme packaging logo

57

The deposit management organisation must publish—

(a) the scheme logo, and

(b) the scheme packaging logo (if any),

in such manner as it considers appropriate to bring them to the attention of scheme suppliers and consumers.

Scheme return code and code requirements

58

(1) In these Regulations—

“code requirements” (“gofynion cod”), in relation to a code, means any additional requirements specified by the deposit management organisation including— requirements about the technological or security standards that a code must meet to be used as a scheme return code; requirements as to the information to be retrieved when the code is scanned electronically;

“scheme return code” (“cod dychwelyd cynllun”), in relation to a deposit item, means a code which— when scanned electronically enables the registered scheme producer of the item to be identified, and meets any code requirements.

(2) The deposit management organisation may—

(a) specify the same code requirements to be used on all deposit items, or

(b) specify different code requirements to be used on different deposit items.

(3) In determining whether to specify code requirements and, if appropriate, what code requirements to specify, the deposit management organisation must consider the likely impact of those requirements on registered scheme producers.

(4) Before making changes to any code requirements specified for a deposit item, the deposit management organisation must consider the likely impact of those changes on registered scheme producers.

(5) Where the deposit management organisation changes any code requirements specified for a deposit item, it must specify the date from which the scheme return code is to be used.

(6) The date specified under paragraph (5) must be a date which the deposit management organisation is satisfied gives registered scheme producers sufficient notice of the change before it takes effect.

(7) The deposit management organisation must take appropriate steps to ensure that registered scheme producers are aware of the code requirements (if any) and any changes to them.

Agreement on a common scheme logo, scheme packaging logo and code requirements for a scheme return code

59

(1) The deposit management organisation must use its best endeavours to agree, with the England and Northern Ireland scheme administrator and the Scottish deposit administrator, a common single scheme logo, scheme packaging logo and code requirements for a scheme return code.

(2) Before issuing a scheme logo or scheme packaging logo under regulation 56 or specifying any code requirements for a scheme return code under regulation 58, the deposit management organisation must—

(a) consult—

(i) such persons as appear to it to represent those likely to be affected by the issue of a scheme logo, scheme packaging logo or code requirements for a scheme return code,

(ii) the England and Northern Ireland scheme administrator,

(iii) the Scottish deposit administrator, and

(iv) such other persons (if any) as the deposit management organisation considers appropriate, and

(b) have regard to the views expressed in response to the consultation.

Chapter 3 — Templates

Templates

60

The deposit management organisation must publish, in such manner as it considers appropriate to bring to the attention of scheme retailers, template documents in respect of—

(a) the scheme information referred to in regulation 27(8);

(b) the RLVP information referred to in regulation 28(7);

(d) the information referred to in regulation 37(2) for groceries retailers to provide at premises without a return point;

(e) the information to be provided at a return point under regulation 40;

(f) the take-back service information referred to in regulation 42(6).

Chapter 4 — The deposit

Requirement to determine the amount of the deposit

61

(1) The deposit management organisation must determine the amount of the deposit in respect of deposit items.

(2) In determining an amount under paragraph (1), the deposit management organisation must—

(a) use its best endeavours to agree with the England and Northern Ireland scheme administrator and the Scottish deposit administrator in setting the same amount of the deposit for deposit schemes across the United Kingdom, and

(b) have regard to any determinations on the amount of the deposit in respect of deposit items made by the England and Northern Ireland scheme administrator and the Scottish deposit administrator.

(3) The deposit management organisation must publish, in such manner as it considers appropriate, the amount of the deposit in respect of deposit items.

(4) The deposit management organisation must, if requested by the Welsh Ministers, inform them of the methodology, data and evidence relied upon to calculate and determine the amount of the deposit.

Revision of amount of the deposit

62

(1) The deposit management organisation may revise the amount of the deposit in respect of any deposit items.

(2) The deposit management organisation must publish a notice, in a manner it considers appropriate, which specifies—

(a) the revised amount of the deposit in respect of the relevant deposit items, and

(b) the date on which the revised amount of the deposit takes effect.

(3) The date specified under paragraph (2)(b) must be at least 3 calendar months after the day on which the relevant notice is published.

The amount of the deposit: supplementary provisions

63

(1) The amount of the deposit may be—

(a) the same in respect of all deposit items, or

(b) different in respect of different deposit items.

(2) For the purposes of paragraph (1)(b), the deposit management organisation may determine the amount of the deposit by reference to, for example—

(a) the size of the containers;

(b) the in-scope material from which the containers are wholly or mainly made;

(3) The deposit management organisation, when determining the amount of the deposit for a deposit item, must have regard to—

(a) the purposes of the Scheme,

(b) the collection targets set out under regulation 84,

(d) the likely impact of the amount of the deposit on the use of containers by registered scheme producers (including the in-scope material used to make those containers, the size of the containers and the use of multipacks),

(e) the likely impact on the purchase of deposit items by consumers (including the in-scope material used to make those containers, the size of the containers purchased, and purchase of multipacks or single items),

(f) the likely impact on consumers, the purposes of the Scheme and the collection targets, if the amount of the deposit for a deposit item is different to the amount payable for a comparable container under the England and Northern Ireland deposit scheme or the Scottish deposit and return scheme, and

(g) the likely impact of a proposed amount of the deposit on the operation of the England and Northern Ireland deposit scheme and the Scottish deposit and return scheme.

(4) Before making a determination under regulation 61 or revision under regulation 62, the deposit management organisation must—

(a) consult—

(i) the persons that it considers represent those most likely to be affected by the determination or revision,

(ii) the England and Northern Ireland scheme administrator,

(iii) the Scottish deposit administrator, and

(iv) such other persons (if any) as it considers appropriate, and

(b) have regard to the views expressed in response to the consultation.

(5) In this regulation, “comparable container”, in relation to a deposit item, means a container which can be returned under the England and Northern Ireland deposit scheme or the Scottish deposit and return scheme and is—

(a) made wholly or mainly from the same in-scope material as the container from the deposit item,

(b) the same size as the container from the deposit item, and

Use of amounts received as deposits

64

(1) The deposit management organisation must—

(a) retain the amounts paid to it by registered scheme producers under regulation 23, and

(b) use those amounts to meet the cost of return amounts for returnable items under regulations 43(2), 68(2) and 68(3)(a).

(2) If any amount remains after the costs mentioned in paragraph (1)(b) have been paid, the deposit management organisation must use that amount to reimburse NRW any of the NRW costs which have not otherwise been met.

(3) If any amount remains after the payment under paragraph (2) has been made, the deposit management organisation may use that amount to meet the costs of exercising any of its functions under or in connection with the Scheme.

Chapter 5 — Fees for registration

Registration fees for registered scheme producers

65

(1) The deposit management organisation may charge registered scheme producers a fee for all or part of a scheme year.

(2) The fee charged under paragraph (1) (the “registration fee”) may be used to meet any or all of the following costs—

(a) NRW costs, and

(b) the costs incurred by the deposit management organisation in exercising its functions under or in connection with the Scheme.

(3) The amount of the registration fee payable by a registered scheme producer is the aggregate of the following amounts—

(a) the producer amount for containers made wholly or mainly from polyethylene terephthalate (PET) plastic (if any),

(b) the producer amount for containers made wholly or mainly from steel (if any),

(d) the producer amount for containers made wholly or mainly from glass (if any).

(4) The producer amount for containers made wholly or mainly from each type of in-scope material must be calculated as follows (and may be £0)—

A × B

where—

“A” is a fee to be determined by the deposit management organisation for the relevant scheme year for a container made wholly or mainly from the particular in-scope material (the “per container fee”), and

“B” is the total number of containers made wholly or mainly from that in-scope material which the deposit management organisation expects the registered scheme producer to supply to consumers in the relevant scheme year.

(5) The per container fee for a container made wholly or mainly from a particular in-scope material—

(a) must be the same for all registered scheme producers, and

(b) may be £0.

(6) The deposit management organisation must, when determining the registration fee, have regard to the likely value, or if known the actual value, of each type of in-scope material which it expects to be recycled from all of the refund items which are collected by, or returned to, the deposit management organisation in the relevant scheme year.

(7) The per container fee for one in-scope material must not subsidise the relevant costs of any other in-scope material.

(8) In paragraph (7), “the relevant costs” of an in-scope material are the costs which the deposit management organisation expects to incur in the exercise of its functions under, or in connection with, the Scheme in relation to the collection, processing, recycling and reuse of refund items made wholly or mainly from that material.

(9) The deposit management organisation must—

(a) keep the registration fee under review,

(b) carry out a full review of the operation of the registration fee at least every 12 months, and

(c) publish the registration fee in such manner as it considers appropriate to bring the registration fee to the attention of registered scheme producers and state that the producers have a right under regulation 79 to ask the deposit management organisation to review the decision.

(10) Before determining, or re-determining, the registration fee, the deposit management organisation must consult—

(a) registered scheme producers, and

(b) such other persons (if any) it considers appropriate,

and have regard to the views expressed in response to the consultation.

(11) The deposit management organisation may specify the times or intervals at which, and means by which, the registration fee must be paid.

(12) The deposit management organisation may make different payment arrangements for different cases or circumstances and in particular—

(a) must ensure that any registration fee charged to a registered scheme producer under paragraph (1) does not include a fee in respect of a container from a container drink which is a registered low volume product during the relevant scheme year;

(b) may make arrangements for the registration fee to be reduced, waived or refunded (whether in whole or in part).

Use of registration fees

66

(1) If the deposit management organisation charges the registration fee only to meet any or all of NRW costs, it must pay the registration fee that it receives to NRW.

(2) If the deposit management organisation charges the registration fee to meet any or all of NRW costs and any or all of its own costs, the deposit management organisation—

(a) must pay the amount of the registration fee that it receives as is necessary to meet the relevant NRW costs, and

(b) if any amount remains, may use that amount to meet the costs of carrying out its own functions under or in connection with the Scheme.

(3) If the deposit management organisation charges the registration fee only to meet any or all of its own costs, it must use the registration fees that it receives to meet those costs.

Chapter 6 — Review of operation of return points and collection etc. of returnable items

Review of operation of return points

67

(1) The deposit management organisation must, at intervals it considers appropriate, carry out a review of the operation of all return points in Wales.

(2) In carrying out a review under paragraph (1), the deposit management organisation must, in particular, consider—

(a) the number of return points;

(b) the location of return points, and in particular whether consumers have reasonable access to at least one return point;

(d) the costs involved in the operation of the return points;

(e) the likely impact on the number of returnable items returned at return points if the number of return points were to be increased or decreased;

(f) the likely impact on the number of returnable items returned at return points if the location of return points changed without changing the number of return points;

(g) the likely impact on the costs incurred in the operation of, or income derived from, the Scheme if the number of return points were to be increased or decreased;

(h) the likely impact of the costs incurred in the operation of, or income derived from, the Scheme if the location of return points changed without changing the number of return points;

(i) any information as to general litter levels and the level of containers in litter;

(j) any information as to footfall in the area under review;

(k) whether there is sufficient access to return points for persons living in villages and rural areas.

(3) The deposit management organisation may take any of the steps specified in paragraph (4) where it considers that the number of return points could be decreased without—

(a) reducing the number of returnable items that are returned under the Scheme, or

(b) reducing or removing reasonable access to return points in any part of Wales.

(4) The steps mentioned in paragraph (3) are—

(a) proposing to an in-scope retailer registered as a mandatory return point operator that they apply for a return point exemption in respect of premises specified by the deposit management organisation;

(b) proposing to a scheme supplier who is authorised to operate a voluntary return point that they request the revocation of their authorisation to operate that return point;

(5) The deposit management organisation may take any of the steps specified in paragraph (6) where it considers that an increase in the number of return points is needed to—

(a) increase the number of returnable items that are returned under the Scheme, or

(b) improve access to return points for consumers in any part of Wales.

(6) The steps mentioned in paragraph (5) are—

(a) carrying out a review of the current return point exemptions and decide whether to propose the revocation of any of them;

(b) setting up and operating one or more additional return points itself;

(7) When taking any steps under paragraph (4) or (6), the deposit management organisation—

(a) must have regard to the likely impact on the costs of operating the Scheme;

(b) may take different steps in relation to different parts of Wales.

Collection etc. of returnable items from scheme collectors and retailers and connected payment

68

(1) The deposit management organisation must—

(a) collect all the returnable items accepted by return point operators from those operators;

(b) collect all the refund items from on-sale premises and mixed retail premises;

(2) The deposit management organisation must pay each scheme retailer from whom it collects any refund items an amount equal to the total amount of refunds paid by the scheme retailer in respect of the collected refund items.

(3) The deposit management organisation must pay each scheme collector from whom it collects, or accepts, returnable items—

(a) the return amount for each returnable item that it collects or accepts from the scheme collector, and

(b) if the scheme collector is a return point operator, the handling payment.

(4) The deposit management organisation must make any payment required under paragraph (2) or (3)(a)—

(a) at such intervals as set out in its operational plan, and

(b) in such manner as set out in its operational plan.

The handling payment

69

(1) The deposit management organisation must provide for a payment (a “handling payment”) to be paid by the deposit management organisation to each return point operator (other than the deposit management organisation itself).

(2) The deposit management organisation must determine the amount of the handling payment having regard to all relevant factors including—

(a) the cost of purchasing or leasing any machinery, equipment or materials required for the collection or storage (or both) of returnable items;

(b) the cost of staff time dedicated to the collection or storage (or both) of returnable items;

(c) the rental value of the floor space or any part of any premises used solely for the collection or storage (or both) of returnable items.

(3) The deposit management organisation may determine that the handling payment be different in different cases.

(4) Before determining the amount of the handling payment under paragraph (2), the deposit management organisation must consult—

(a) NRW,

(b) return point operators or persons representing return point operators, and

and have regard to the views expressed in response to the consultation.

(5) A determination of the amount of the handling payment under paragraph (2) has effect for a period no longer than 3 years, beginning with the date of the determination.

(6) The deposit management organisation—

(a) may make a further determination under paragraph (2) of the amount of the handling payment at any time, and

(b) must make a further determination under paragraph (2) to take effect at the end of the period of 3 years, beginning with the date of the previous determination.

Chapter 7 — Recycling of in-scope materials and reuse of refund items

Recycling in-scope material from returned refund items

70

(1) The deposit management organisation must make arrangements for recycling the in-scope material from which returned items are made.

(2) The arrangements made under paragraph (1) must include provision conferring a right of first refusal, for each specified period, on registered scheme producers.

(3) A right of first refusal under paragraph (2) means a right to purchase the appropriate quantity (if any) of each in-scope material that has been recovered from returned items (a “recovered material”) during the relevant specified period for the market value of that in-scope material.

(4) In paragraph (3)—

(a) the “appropriate quantity” of a recovered material is an amount which does not exceed the relevant proportion of that recovered material;

(b) “market value” means the price at which the in-scope material would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts.

(5) The relevant proportion of a recovered material is calculated as follows—

SPA/TPA

where—

“SPA” means the number of deposit items with containers made wholly or mainly from the recovered material and supplied by the registered scheme producer during the specified period;

“TPA” means the total number of deposit items with containers made wholly or mainly from the recovered material and supplied by all registered scheme producers during the specified period.

(6) In this regulation—

“returned items” (“eitemau a ddychwelwyd”) means the refund items collected or accepted by the deposit management organisation under regulation 43 or 68;

“specified period” (“cyfnod penodedig”) means a period specified in arrangements made by the deposit management organisation under paragraph (1).

Recycling in-scope material from other returned items

71

(1) The deposit management organisation must make arrangements with the relevant administrator for recycling, or facilitating the recycling of, the in-scope material from which relevant returned items are made.

(2) The arrangements made under paragraph (1) may solely be to return the relevant returned items to the relevant administrator.

(3) In this regulation—

“relevant administrator” (“gweinyddwr perthnasol”) means— an overseas scheme administrator, a Scottish deposit administrator, or an England and Northern Ireland scheme administrator;

“relevant returned item” (“eitem berthnasol a ddychwelwyd”)— in relation to an overseas scheme administrator, means an overseas scheme item that— is subject to the specified overseas scheme in relation to which the administrator exercises functions, and has been collected or accepted by the deposit management organisation under regulation 43 or 68; in relation to a Scottish deposit administrator, means a Scottish scheme item that— is subject to the Scottish deposit and return scheme in relation to which the Scottish deposit administrator exercises functions, and has been collected or accepted by the deposit management organisation under regulation 43 or 68; in relation to an England and Northern Ireland scheme administrator, means an England and Northern Ireland scheme item that— is subject to the England and Northern Ireland deposit scheme in relation to which the England and Northern Ireland scheme administrator exercises functions, and has been collected or accepted by the deposit management organisation under regulation 43 or 68.

Amounts received in connection with arrangements made under regulation 70 or 71

72

(1) The deposit management organisation may retain any amount that it receives in connection with the arrangements made under regulation 70 or 71.

(2) The deposit management organisation—

(a) must use any amount retained under paragraph (1) to meet any NRW costs that have not otherwise been met;

(b) may, if any amount remains, use that amount to meet the costs of carrying out its functions under or in connection with the Scheme.

Reuse of returned refund items

73

(1) The deposit management organisation must make arrangements for the reuse of returned refund items.

(2) In this regulation “returned refund items” means the refund items, which are capable of reuse, collected or accepted by the deposit management organisation under regulation 43 or 68.

Chapter 8 — NRW

Payments to NRW

74

The deposit management organisation must make any payment required to be made to NRW under this Part by such means, in such manner and at such intervals as agreed with NRW.

Information about returns data

75

(1) The deposit management organisation must—

(a) supply returns data to registered scheme producers,

(b) inform each registered scheme producer, in such manner and at such intervals as the deposit management organisation considers appropriate, how many of each of that producer’s deposit items were returned to the deposit management organisation and in respect of which deposits were refunded, and

(2) In this regulation “returns data” includes—

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

(b) information about unredeemed deposits,

(d) information about returns received by the deposit management organisation from other scheme administrators.

Co-operation

76

(1) The deposit management organisation and NRW must enter into and maintain arrangements for securing co-operation and the exchange of information in connection with the carrying out of any of NRW’s functions other than any relevant enforcement function.

(2) The deposit management organisation and NRW must—

(a) review the arrangements referred to in paragraph (1) from time to time, and

(b) revise them when they consider it appropriate to do so.

Chapter 9 — Working with other scheme administrators

Co-operation and joint working

77

(1) The deposit management organisation may—

(a) where it considers it appropriate for the efficient and effective performance of the Scheme, or any of its functions under the Scheme, co-operate or work jointly with a specified administrator;

(b) provide advice or assistance to a specified administrator in connection with that administrator’s functions under an England and Northern Ireland deposit scheme, a Scottish deposit and return scheme or an overseas scheme.

(2) Such arrangements may include—

(a) arrangements intended to simplify registration procedures for producers and importers who supply container drinks in Wales and in other parts of the United Kingdom;

(b) arrangements intended to simplify the process of returning returnable items for the final user or consumer;

(i) refund items returned through an England and Northern Ireland deposit scheme, or a Scottish deposit and return scheme;

(ii) overseas scheme items.

(3) In this regulation, “specified administrator” means—

(a) an England and Northern Ireland scheme administrator,

(b) a Scottish deposit administrator, or

Payments to specified administrators

78

(1) The deposit management organisation may make payments to a specified administrator in connection with the operation of the Scheme or a specified scheme, including, but not limited to, payments equal to the total of any refunds paid by the specified administrator in respect of refund items returned through the specified scheme.

(2) In this regulation—

“specified administrator” (“gweinyddwr penodedig”) means— an England and Northern Ireland scheme administrator, or a Scottish deposit administrator;

“specified scheme” (“cynllun penodedig”) means— an England and Northern Ireland deposit scheme, or a Scottish deposit and return scheme.

Chapter 10 — Review of decisions

Internal review of decisions made by the deposit management organisation

79

(1) This regulation applies if—

(a) the deposit management organisation makes a relevant decision, and

(b) within a period of 28 days beginning with the date on which the affected person receives notice of the decision, or such longer period as the deposit management organisation may specify under regulation 80(1)(a), the affected person applies to the deposit management organisation to review the decision.

(2) In this regulation—

(a) each decision mentioned in column 1 of the table is a “relevant decision”, and

(b) a person is an “affected person” in relation to a relevant decision if they are mentioned in the corresponding entry in column 2.

(3) The deposit management organisation must carry out a review of a relevant decision in accordance with regulation 80.

(4) On conclusion of a review of a relevant decision, the deposit management organisation must—

(a) confirm the decision (whether on the same or different grounds),

(b) make such changes to the decision as it considers appropriate, or

(5) The deposit management organisation must notify the affected person of the decision following the review as soon as reasonably practicable after the decision is taken.

Column 1 - Relevant decision	Column 2 - Affected person
Decision to refuse a person’s application to register a low volume line under regulation 19	the person making the application
Decision to cancel a product’s registration as a low volume line under regulation 20	the registered scheme producer for that product
Decision as to the amount of registration fee payable by a scheme producer under regulation 65	the registered scheme producer
Decision as to the amount of the handling payment payable to a return point operator under regulation 69	the return point operator
Decision to cancel a person’s registration as a registered scheme producer under paragraph 6 of Schedule 1	the person whose registration is cancelled
Decision to cancel a person’s registration as a mandatory return point operator under paragraph 4 of Schedule 2	the scheme retailer
Decision to refuse an application for a return point exemption under paragraph 3 of Schedule 3	the person making the application
Decision to refuse to renew a return point exemption under paragraph 6 of Schedule 3	the person making the application
Decision to revoke a return point exemption under paragraph 9 of Schedule 3	the person whose exemption is revoked
Decision to refuse a person’s application for authorisation to operate a return point under paragraph 4 of Schedule 4	the person making the application
Decision to refuse a person’s application for authorisation as a take-back service provider under paragraph 7 of Schedule 4	the person making the application
Decision to revoke a scheme supplier’s authorisation to operate a return point under paragraph 11 of Schedule 4	the person whose authorisation is revoked
Decision to revoke a scheme retailer’s authorisation as a take-back service provider under paragraph 11 of Schedule 4	the person whose authorisation is revoked

Internal review: procedure

80

(1) The deposit management organisation may specify the procedure for the internal review (“review”) of a relevant decision and, in particular, may—

(a) set out the circumstances in which the deposit management organisation may accept an application for review after the end of the period specified in regulation 79(1)(b);

(b) specify the form and manner in which an application for review is to be made;

(c) specify the information which an application for review must contain and any documentation which must accompany the application;

(d) provide for the deposit management organisation to request such further information or documentation as it reasonably requires to complete a review of the relevant decision, and specify—

(i) the form and manner in which such further information or documentation is to be provided;

(ii) the period within which such further information or documentation is to be provided;

(e) provide for the deposit management organisation to disregard any information or documentation not provided in the specified form or manner, or within the specified period.

(2) The deposit management organisation must not require the payment of a fee in connection with an application for a review.

(3) In this regulation, “relevant decision” has the meaning given in regulation 79(2).

Status of decisions pending outcome of internal review

81

(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 under regulation 79(5).

(3) In this regulation, “affected person” and “relevant decision” have the meanings given in regulation 79(2).

Chapter 11 — Revocation of a person’s appointment as the deposit management organisation

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

82

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

Interim scheme administrator

83

(1) This regulation applies where condition 1 or condition 2 is met.

(2) Condition 1 is that the Welsh Ministers have not previously appointed a person as the deposit management organisation and 30 September 2027 has not elapsed.

(3) Condition 2 is that—

(a) the Welsh Ministers revoke 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.

(4) The Welsh Ministers may—

(a) carry out DMO functions not listed in paragraph (11) during the interim period, or

(b) appoint another person to carry out those functions during the interim period.

(5) A person’s appointment under paragraph (4)(b) as interim scheme administrator may be subject to such conditions (if any), by notice in writing, as the Welsh Ministers consider appropriate.

(6) The Welsh Ministers may, by notice in writing, vary or revoke any condition to which an interim scheme administrator appointed under paragraph 4(b) is subject.

(7) An interim scheme administrator appointed under paragraph (4)(b) must comply with any conditions imposed by the Welsh Ministers under this regulation.

(8) A person’s appointment under paragraph (4)(b) as interim scheme administrator—

(a) must be revoked by the Welsh Ministers by notice in writing within 3 months of receipt of a notice from that person stating that the person wishes to cease to be the interim scheme administrator;

(b) may be revoked by the Welsh Ministers, by notice in writing, as they consider appropriate.

(9) The Scheme applies during the interim period with the modifications set out in paragraphs (10) to (12).

(10) References to the deposit management organisation in these Regulations are to be read as a reference to the interim scheme administrator, except for those provisions listed in paragraph (11).

(11) The provisions listed in this paragraph are—

(a) regulation 1 (title and coming into force),

(b) regulation 9 (general interpretation),

(d) regulation 52 (conditions),

(e) regulation 55 (reserve fund),

(f) regulation 82 (revocation of a person’s appointment as the deposit management organisation),

(g) regulation 83 (interim scheme administrator),

(h) regulation 99 (right of appeal),

(i) regulation 101 (status pending appeal: decision to refuse a person’s application to be appointed as the deposit management organisation),

(j) regulation 102 (status pending appeal: decision to revoke a person’s appointment as the deposit management organisation), and

(k) Schedule 5 (appointment etc. of the deposit management organisation).

(12) Where the Welsh Ministers carry out any DMO functions during the interim period—

(a) regulation 53 (operational plan) is treated as omitted so far as it relates to the approval of revisions to the operational plan;

(b) regulation 54 (annual report) is to be read as if there were substituted—

(54) (1) The Welsh Ministers must prepare an annual report for the scheme year in question. (2) The annual report must set out how, and the extent to which, the Welsh Ministers have, in the relevant scheme year, acted in accordance with the operational plan. (3) The annual report must be prepared as soon as reasonably practicable, and in any event within a period of 6 weeks beginning with the day after the final day of the scheme year to which it relates.

(13) In this regulation—

(a) where condition 1 is met, “interim period” means the period—

(i) beginning on the day this regulation comes into force, and

(ii) ending at the end of the day preceding the day on which the Welsh Ministers first appoint a person as the deposit management organisation under regulation 51(1);

(b) where condition 2 is met, “interim period” means the period—

(i) beginning with the revocation date, and

(ii) 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;

Part 8 — Targets

Collection targets: the deposit management organisation

84

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

(2) The minimum total quantity of refund items is—

(a) in the calendar year beginning on 1 January 2028, 70% of all refund items from deposit items other than glass deposit items supplied by registered scheme producers;

(b) in the calendar year beginning on 1 January 2029, 80% of all refund items from deposit items other than glass deposit items supplied by registered scheme producers;

(c) in the calendar year beginning on 1 January 2030, 80% of all refund items from deposit items supplied by registered scheme producers;

(d) in the calendar year beginning on 1 January 2031, 85% of all refund items from deposit items supplied by registered scheme producers;

(e) in the calendar year beginning on 1 January 2032, and in each subsequent calendar year, 95% of all refund items from deposit items supplied by registered scheme producers.

(3) For the purposes of paragraphs (2)(c), (d) and (e), the quantity of containers returned must include—

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

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

(4) For the purposes of—

(a) paragraph (2)(d), of the 85% of refund items, at least 5% must be capable of reuse;

(b) paragraph (2)(e), of the 95% of refund items, at least 15% must be capable of reuse.

(5) In this regulation, a refund item is to be treated as returned to the deposit management organisation if it is—

(a) subject to reciprocal recycling arrangements, and

(b) returned to a person in England, Northern Ireland or Scotland in accordance with those arrangements.

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

(a) arrangements maintained by the deposit management organisation with an England and Northern Ireland scheme administrator for the recycling of refund items which are returned to scheme collectors in England or Northern Ireland, or

(b) arrangements maintained by the deposit management organisation with a Scottish deposit administrator for the recycling of refund items which are returned to scheme collectors in Scotland.

Part 9 — Enforcement

Chapter 1 — Interpretation

Interpretation of Part 9

85

In this Part—

“the ALA provisions” (“y darpariaethau ALlP”) means the following provisions of these Regulations— regulation 24 (requirement to supply deposit items from registered scheme producers); regulation 25(1)(a) (requirement for deposit items to carry item logo when supplied); regulation 25(1)(b) (requirement for deposit items to carry scheme return code when supplied); regulation 25(2) (requirement for scheme multipacks to carry the packaging logo when supplied); regulation 26(1) (requirement for low volume product not to carry scheme logo or scheme return code); regulation 27(1) and (6) (requirement to provide or display, or provide for display, scheme information); regulation 28(1) (requirement to provide or display, or provide for display, low volume product information); regulation 29(1) (scheme supplier: requirement to charge deposit); regulation 35(1) (requirement to operate a return point); regulation 37(1) (requirement to display information on premises where no return point is operated); regulation 40 (information to be provided at a return point); regulation 41 (provision of take-back services); regulation 42(1) and (5) (requirement to provide or display information, or provide that information for display, about take-back service); regulation 47(1), (2) and (3) (requirements as to payment of total return amount); regulation 48(2) (requirement to notify deposit management organisation that person elects for the total return amount to go to charity); regulation 49 (requirement to retain returnable items); regulation 50 (requirement for take-back service providers to retain or return returnable items); regulation 87(1) (provision of information);

“appropriate authority” (“awdurdod priodol”) means— the local weights and measures authority, in relation to the ALA provisions as they apply in the authority’s area, or NRW;

“CS Table” (“Tabl SS”) means the Civil Sanctions Table in Part 2 of Schedule 6;

“enforcement action” (“camau gorfodi”) means the exercise of enforcement powers and functions by NRW under this Part.

Chapter 2 — Enforcement powers

Enforcement powers

86

(1) An appropriate authority may authorise, in writing, a suitable person 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 (c), (e), (f) and (h) to (ka) of the EA 1995.

(3) 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 9 of the Deposit Scheme for Drinks Containers (Wales) Regulations 2026)”;

(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 “an offence” to the end there were substituted “an offence under regulation 88 or 89, or any other proceedings relating to the imposition of a civil sanction under regulation 92 of the Deposit Scheme for Drinks Containers (Wales) Regulations 2026”;

(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 (Wales) Regulations 2026”;

(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)(a), for “the pollution control enactments or flood risk activity enactments” there were substituted “the Deposit Scheme for Drinks Containers (Wales) Regulations 2026”.

(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—

“the applied enforcement powers” (“y pwerau gorfodi cymhwysol”) means the powers conferred by paragraphs (1) and (2), as modified by paragraph (3);

“the EA 1995” (“DA 1995”) means the Environment Act 1995[^f00012] as it applies in Wales.

Information

87

(1) An appropriate authority may, by notice (an “information notice”), require a duty-holder to provide information which the appropriate authority needs to carry 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 an information notice under paragraph (1) must comply with it.

(4) In this regulation—

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

“specified” (“penodedig”) means specified in an information notice under paragraph (1).

Chapter 3 — Offences

Obstructing an authorised person

88

(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) A person guilty of an offence under paragraph (1) is liable on summary conviction, or on conviction on indictment, to a fine.

(3) In this regulation—

“authorised person” (“person awdurdodedig”) means a person authorised under regulation 86(1);

“enforcement functions” (“swyddogaethau gorfodi”), in relation to an authorised person, means the powers that person is authorised to exercise under regulation 86.

Failure to comply with civil sanction

89

(1) A person who fails to comply with a civil sanction imposed under regulation 92 is guilty of an offence.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction, or on conviction on indictment, to a fine.

Liability of directors etc.

90

(1) This regulation applies where a relevant offence is committed by—

(a) a body corporate,

(b) a partnership, or

(2) If the relevant offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to neglect on the part of—

(a) a relevant individual of a body corporate or partnership or unincorporated association, or

(b) an individual purporting to act in a capacity mentioned in sub-paragraph (a),

that senior officer or person (as well as the body corporate, partnership or unincorporated association) is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) 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.

(4) In this regulation—

“partnership” (“partneriaeth”) means a partnership, other than a limited liability partnership, and includes a Scottish partnership;

“relevant individual” (“unigolyn perthnasol”)— 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 partnership, means a partner; in relation to an unincorporated association (other than a partnership), means a person who is concerned in the management and control of the association;

“relevant offence” (“trosedd berthnasol”) means an offence under regulation 88 or 89.

Chapter 4 — Civil sanctions

Interpretation of Chapter 4

91

In this Chapter, “enforcement authority” means—

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

(i) an offence under regulation 88, where the person obstructed or not assisted was authorised by the authority under regulation 86(1);

(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 87(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) NRW in relation to—

(i) an offence under regulation 88, where the person obstructed or not assisted was authorised by NRW under regulation 86(1);

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

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

(bb) any contravention of regulation 87(3) in relation to a notice given by NRW, 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 under any provision of Schedule 2, 3 or 4.

Civil sanctions: introductory

92

(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 column 1 of the CS Table and the corresponding entry in column 2, 3, 4 or 5 is “yes”, the enforcement authority may, as appropriate, in relation to that act or contravention—

(a) impose a fixed monetary penalty under Part 3 of Schedule 6;

(b) impose a variable monetary penalty under Part 4 of Schedule 6;

(d) accept an enforcement undertaking under Part 6 of Schedule 6.

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

Enforcement costs recovery notices

93

(1) An enforcement authority may serve an enforcement cost recovery notice on a person on whom a variable monetary penalty notice under Part 4 of Schedule 6, or a compliance notice under Part 5 of Schedule 6, has been served, requiring that person to pay the enforcement authority’s costs in relation to 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 costs recovery notice must be in writing and must specify—

(a) the amount 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 day after the day 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 specified under paragraph (3)(a).

(5) A person required to pay costs is not liable to pay any costs which are shown by the person to be unnecessarily incurred.

(6) A person may appeal against—

(a) the requirement to pay costs;

(b) the amount of those costs.

(7) An enforcement authority may recover any costs required to be paid under an enforcement cost recovery notice—

(a) as a civil debt, or

(b) on the order of a court, as if payable under a court order.

Penalties and costs received under this Part

94

(1) NRW must pay any penalty it receives under this Part into the Welsh Consolidated Fund established under section 117 of the Government of Wales Act 2006[^f00013].

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

Withdrawing or amending a notice

95

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 to reduce the amount of work necessary to comply with the notice;

(f) vary a notice to extend the time in which any penalty must be paid.

Chapter 5 — Public register

Publication of enforcement action in public register

96

(1) NRW must maintain a register (the “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 88, 89 or 90,

(b) any civil sanction imposed under regulation 92 provided that—

(i) the time for lodging an 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 93.

(3) Information relating to civil sanctions must be removed from the public register no later than 4 years after the day on which it was entered on the register.

(4) A public register must not 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) NRW must enter information under paragraph (2) onto the public register as soon as reasonably practicable after it comes into NRW’s possession.

(7) NRW 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 must be indexed or arranged so that members of the public can readily trace information contained in it.

Spent convictions of individuals

97

NRW must remove details of any conviction from the public register once the rehabilitation period for a sentence has ended under section 5 of the Rehabilitation of Offenders Act 1974[^f00014].

Part 10 — Appeals

Interpretation of Part 10

98

In this Part, “enforcement authority” has the meaning given in regulation 91.

Right of appeal

99

(1) A person may appeal to the First-tier Tribunal against—

(a) a decision to refuse their application to be appointed as the deposit management organisation under paragraph 2 of Schedule 5,

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

(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

100

(1) A person may appeal under regulation 99 to the First-tier Tribunal in accordance with the GRC Rules 2009.

(2) The GRC Rules 2009 apply to an appeal.

(3) But rule 22 of the GRC Rules 2009 applies to an appeal as if paragraph (1)(b) of that rule requires a notice of appeal to be received within 2 calendar months of the date on which notice of the act or decision to which the appeal relates was sent to the person bringing the appeal.

(4) In this regulation “the GRC Rules 2009” means the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009[^f00015].

Status pending appeal: decision to refuse a person’s application to be appointed as the deposit management organisation

101

In the case of an appeal under regulation 99(1)(a) against a decision to refuse a person’s application to be appointed as the deposit management organisation, the decision is effective until the appeal is finally determined or withdrawn, unless the First-tier Tribunal determines otherwise.

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

102

(1) In the case of an appeal under regulation 99(1)(b) 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.

Status pending appeal: civil sanctions

103

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 under regulation 99(1)(c) is suspended until the appeal is finally determined or withdrawn.

Determination of appeals

104

(1) The First-tier Tribunal may, in relation to the decision or notice appealed against—

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

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

(d) take any steps that the decision maker 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 decision maker.

(2) Where, following an appeal under regulation 99, the First-tier Tribunal 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 First-tier Tribunal, and

(b) take any steps necessary to give effect to the First-tier Tribunal’s determination.

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

(a) the Welsh Ministers, or

(b) the enforcement authority.

Part 11 — Functions of NRW

Annual reports from deposit management organisation

105

(1) NRW must consider the annual report submitted by a deposit management organisation under regulation 54 for each scheme year.

(2) NRW may, as part of its consideration under paragraph (1), request such additional information from the deposit management organisation as NRW considers necessary.

Appeals

106

Where the First-tier Tribunal determines under regulation 104 that a decision of NRW is to be varied or remitted to NRW, NRW must comply with any directions given to it by the First-tier Tribunal, and take any steps necessary to give effect to the First-tier Tribunal’s determination.

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

PART 1 — Registration

Interpretation of Part 1

1

(1) In this Part—

“applicant” (“ceisydd”) means a scheme producer who applies for registration with the deposit management organisation as a registered scheme producer;

“registration application” (“cais cofrestru”) means an application for registration with the deposit management organisation as a registered scheme producer;

“registration information” (“gwybodaeth gofrestru”) means— the applicant’s name and business name (if different); the address and telephone number of the applicant’s registered or principal office; an address for service, if different from the address mentioned in paragraph (b); if the applicant is a company, the company registration number; if the applicant is a partnership, the names 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 applicant in relation to the Scheme; the applicant’s SIC code; a statement as to whether the applicant is a brand owner; a statement as to whether the applicant is an importer; a statement as to whether the applicant fills to order; 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; the total number of deposit items which the applicant expects to supply in the 12 months following their registration as a registered scheme producer, and in each subsequent 12 month period or as the deposit management organisation directs, together with— information about the in-scope materials from which the applicant expects any container drinks to be wholly or mainly made, the expected capacity of each type of container, and if the applicant expects any of the deposit items to be made available for supply in scheme multipacks, the expected size of those scheme multipacks.

(2) In the definition of “registration information” in sub-paragraph (1), “SIC code” means a code included in the UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007)[^f00016].

Registration application

2

(1) An applicant must make a registration application to the deposit management organisation before 1 October 2027.

(2) Where a person becomes a scheme producer after the coming into force of regulation 12, the scheme producer must make a registration application to the deposit management organisation within such period as the deposit management organisation may direct.

(3) A registration application must—

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

(b) contain the registration information, and

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

(5) 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.

Decision on registration application

3

(1) The deposit management organisation must, as soon as reasonably practicable—

(a) grant the registration application and register the applicant as a registered scheme producer, if it is satisfied that the registration application meets the requirements of paragraph 2(3), or

(b) otherwise, refuse the registration application.

(2) The deposit management organisation must, as soon as reasonably practicable, notify the applicant—

(a) of its decision;

(b) if the application is granted, of the date on which the applicant’s registration as a registered scheme producer takes effect;

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

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 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 under paragraph 2(3)(c).

PART 2 — Cancellation of registration

Cancellation of registration on the request of the registered scheme producer

5

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

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

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

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

(a) states that the person’s registration as a registered 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 registered scheme producer, without a notification having been given under paragraph 5, if it is satisfied that the person has ceased to be a scheme producer.

(2) Before cancelling a person’s registration as a registered scheme producer under sub-paragraph (1), the deposit management organisation must give that person 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 registered scheme producer,

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

(c) state that the registered scheme producer may make representations to the deposit management organisation about the proposal, and

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

(4) The deposit management organisation must consider any representations made by the registered scheme producer before the date of proposed cancellation specified in the proposal notice under sub-paragraph (3)(d).

(5) The deposit management organisation must notify the registered scheme producer in writing of its decision.

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

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

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

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

(c) state that the person has a right under regulation 79 to ask the deposit management organisation to review the decision.

(8) If a registered scheme producer exercises the right under sub-paragraph (7)(c), the cancellation notice must not take effect before the end of the period specified in regulation 81(2).

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

Schedule 2 — Registration of mandatory return point operators

Interpretation

1

In this Schedule—

“application information” (“gwybodaeth y cais”), 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 paragraph (b), if the retailer is a company, the company registration number, if the retailer is a partnership, the names 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 the MRP premises in respect of which the retailer is required to operate a return point under regulation 35(1);

“registration application” (“cais cofrestru”) 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 1 October 2027.

(2) Where a person becomes an in-scope retailer after the coming into force of regulation 35, the retailer must make a registration application to the deposit management organisation within such period as the deposit management organisation may direct.

(3) A registration application must—

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

(b) contain the application information, and

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

(5) The deposit management organisation may only direct an in-scope retailer 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.

Application for registration: decision

3

(1) Where the deposit management organisation receives a registration application which meets the requirements of paragraph 2(3), the deposit management organisation must, as soon as reasonably practicable—

(a) register the in-scope retailer in relation to 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 1 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 in-scope retailer notifies the deposit management organisation that they no longer supply deposit items at those premises and the deposit management organisation is satisfied 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 is the case, or

(ii) the deposit management organisation grants a return point exemption in respect of all 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), it must, as soon as reasonably practicable, give the person a deregistration notice.

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

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

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

(4) The deposit management organisation may—

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

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

(5) Before cancelling a person’s registration as a mandatory return point operator under sub-paragraph (4), the deposit management organisation must, as soon as reasonably practicable, give that person a proposal notice.

(6) 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 mandatory return point operator,

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

(c) state that the mandatory return point operator may make representations to the deposit management organisation about the proposal, and

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

(7) The deposit management organisation—

(a) must consider any representations made by the mandatory return point operator before the date of proposed cancellation specified in the proposal notice under sub-paragraph (6)(b);

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

(8) Where the deposit management organisation decides not to proceed with the cancellation of the person’s registration as a mandatory return point operator under sub-paragraph (4), it must, as soon as reasonably practicable, notify that person in writing of its decision.

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