The Deposit Scheme for Drinks Containers (Wales) Regulations 2026

Column 1	Column 2	Column 3	Column 4	Column 5
Requirement or act	FMP (amount)	VMP	compliance notice	enforcement undertaking
Scheme producers
Regulation 12 and Part 1 of Schedule 1 (registration)	No	Yes	Yes	Yes
Regulation 14(1)(a) or (b) (requirement to make or keep records)	No	Yes	Yes	Yes
Providing information in response to a DMO information request under regulation 15, 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, (b) the person providing it does so recklessly and the information is inaccurate, false or misleading in a material way, (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 19 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 22 (requirement to pay a registered scheme producer registration fee)	No	Yes	Yes	Yes
Regulation 23 (requirement to pay deposits to the deposit management organisation)	No	Yes	Yes	Yes
Scheme suppliers
Regulation 24 (requirement to supply items from registered scheme producers)	Yes (£1,000)	No	Yes	No
Regulation 25(1)(a) (requirement for deposit item to carry the required item logo)	Yes (£1,000)	No	Yes	No
Regulation 25(1)(b) (requirement for deposit item to carry scheme return code)	Yes (£1,000)	No	Yes	No
Regulation 25(2) (requirement for scheme multipack to carry scheme packaging logo)	Yes (£1,000)	No	Yes	No
Regulation 26(1) (requirement not to supply a registered low volume product carrying a scheme logo or scheme return code)	Yes (£1,000)	No	Yes	No
Regulation 27(1) or (6) (requirement to provide or display, or provide for display, the Scheme information)	Yes (£1,000)	No	Yes	No
Regulation 28(1) (requirement to provide or display, or provide for display, the RLVP information)	Yes (£500)	No	Yes	No
Regulation 29(1) (requirement for scheme supplier to charge a deposit), where the scheme supplier is a scheme retailer	Yes (£1,000)	No	Yes	No
Regulation 29(1) (requirement to charge a deposit), where the scheme supplier is not a scheme retailer	No	Yes	Yes	Yes
Regulation 30(1) (requirement to display opt-out information)	Yes (£500)	No	Yes	No
Providing information in response to a DMO information request under regulation 31 where— a) the person providing the information knows it to be inaccurate, false or misleading in a material particular, (b) the person providing it does so recklessly and the information is inaccurate, 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 35(1) (requirement to operate a return point)	Yes (£1,000)	No	Yes	No
Regulation 35(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 37(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 with the deposit management organisation in order to provide a take-back service)	Yes (£1,000)	No	Yes	No
Regulation 42(1) or (5) (requirement to provide, display or provide for display, information about a take-back service)	Yes (£500)	No	Yes	No
Providing information in an application under paragraph 2, 3 or 6 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 9 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(2) (requirement to notify DMO that total return amount to be paid by the DMO to a charity)	Yes (£500)	No	Yes	No
Regulation 49 (requirement to retain returnable items)	Yes (£1,000)	No	Yes	No
Regulation 50 (requirement to retain or return returnable items)	Yes (£1,000)	Yes	Yes	Yes
The deposit management organisation
Regulation 48(3) (requirement to pay to a charity a sum equivalent to the total return amount)	No	Yes	Yes	Yes
Regulation 52(3) (requirement to comply with conditions of appointment)	No	Yes	Yes	Yes
Regulation 53(1) (requirement to act in accordance with operational plan)	No	Yes	Yes	Yes
Regulation 54(1) (requirement to submit annual report)	No	Yes	Yes	Yes
Regulation 55(1) and (2) (requirement to establish and maintain a reserve fund)	No	Yes	Yes	Yes
Regulation 56(1)(a) (scheme logo: requirement to issue)	No	Yes	Yes	Yes
Regulation 57 (requirement to publish scheme logo and scheme packaging logo)	No	Yes	Yes	Yes
Regulation 58 (scheme return code: code requirements)	No	Yes	Yes	Yes
Regulation 68(1) (requirement to collect returnable items from return point operators etc.)	No	Yes	Yes	Yes
Regulation 68(2) and (3) (requirements to pay sums for returnable items)	No	Yes	Yes	Yes
Regulation 70 (requirement to make arrangements for recycling of in-scope material from refund items)	No	Yes	Yes	Yes
Regulation 71 (requirement to make arrangements for the recycling of in-scope material from items other than refund items)	No	Yes	Yes	Yes
Regulation 73 (requirement to make arrangements for the reuse of returned refund items)	No	Yes	Yes	Yes
Regulation 74 (requirement in relation to payments to NRW)	No	Yes	Yes	Yes
Regulation 75 (information about returns data)	No	Yes	Yes	Yes
Failure, without reasonable excuse, to comply with the obligation in regulation 84 (collection targets)	No	Yes	Yes	Yes
Matters connected with enforcement
Regulation 87(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 87 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 87(3) (requirement to comply with an information notice), where the notice is given by NRW	No	Yes	Yes	Yes
Providing information to NRW under regulation 87 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 88(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 88(1) (obstructing or failing to assist an authorised person), where the authorised person was appointed by NRW	No	Yes	Yes	Yes

PART 3 — Fixed monetary penalties

Power to impose an FMP

2

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

• (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.

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.

• (2) A notice under sub-paragraph (1) is referred to in this Part as a “notice of intent”.

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

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

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

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

Making representations and objections

4

A person who receives a notice of intent may, within the 28-day period, make written representations or objections to the enforcement authority in relation to the proposed FMP.

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 enforcement authority decides to impose the FMP (with or without modifications to the original terms of the notice of intent) the enforcement authority must serve on the person concerned a final notice in writing and include the following information—

• (a) the amount of the FMP,

• (b) the grounds for imposing the FMP,

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

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

• (e) details of any late payment penalties,

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

• (g) the consequences of non-payment.

Appeal

6

• (1) The person receiving a final notice may appeal against it.

• (2) The grounds for 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 is unreasonable.

Non-payment after 56 days

7

• (1) An FMP must be paid within the period of 56 days beginning with the day of receipt of the final notice, unless the final notice is appealed in which case regulation 103 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 penalty

Power to impose a VMP

8

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

• (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) 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, the authority must give the person a notice of what is proposed.

• (2) A notice under sub-paragraph (1) is referred to in this Part as a “notice of intent”.

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

• (a) the grounds for imposing a VMP,

• (b) the amount of the VMP, and

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

Representations and objections

10

A person who receives a notice of intent may, within the 28-day period, make written representations and objections to the enforcement authority about the proposed VMP.

Final notice of decision to impose a VMP

11

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

• (2) Where the enforcement authority decides to impose a VMP (with or without modifications), the enforcement authority must give a notice (referred to in this Part 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 VMP,

• (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, beginning with the day after the day 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) The person receiving 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 VMP is unreasonable;

• (d) that the decision is 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”), require a person to take such steps as the authority may specify—

• (a) within such period as the authority may specify, and

• (b) to ensure that an act or contravention of a requirement listed in column 1 of the CS Table does not continue or recur, if column 4 of the CS Table indicates that a compliance notice is available in respect of the act or contravention.

• (2) Before giving a compliance notice, the enforcement authority must be satisfied that there are reasonable grounds for considering that the person has contravened or will contravene the relevant requirement in column 1 of the CS Table.

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

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

Contents of a compliance notice

15

A compliance notice must be in writing and include—

• (a) the grounds for imposing the steps specified in the notice,

• (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 for 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 is unreasonable for any other reason.

PART 6 — Enforcement undertaking

Power to accept an enforcement undertaking

17

An enforcement authority may accept an enforcement undertaking where column 5 of the CS Table indicates that an enforcement undertaking is available in respect of an act or contravention of a requirement listed in column 1 of the table.

Form and contents of an enforcement undertaking

18

• (1) An enforcement undertaking must be in writing and 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 a person who gives the undertaking is considered to have discharged the undertaking.

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

• (3) In this paragraph, “relevant action” means—

• (a) action to ensure that the act or contravention of the requirement mentioned in column 1 of the CS Table does not continue or recur,

• (b) action to ensure that the position is, so far as possible, restored to what it would have been had the act or 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, increase the recycling of in-scope material from which containers are made, or increase the reuse of containers.

Effect of acceptance of an enforcement undertaking

19

• (1) If an enforcement authority accepts an enforcement undertaking under paragraph 17(1), it may 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 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 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”).

• (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” means the period of 14 days beginning with the day on which the enforcement authority receives the application in question.

Right of appeal

22

• (1) A person may appeal against a decision of an enforcement 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 is unfair or unreasonable.

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.

Signed

Huw Irranca-Davies — Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers — 25 March 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are the first to be made by the Welsh Ministers under section 54 of, and Schedule 8 to, the Environment Act 2021 (c. 30). They establish a deposit scheme in Wales for drinks containers, supporting an increase in reuse and recycling and a reduction in littering and fly-tipping. Closed bottles and cans made from polyethylene terephthalate (‘PET’) plastic, steel, glass or aluminium, which contain between 150ml and 3 litres of liquid, fall within the scope of the deposit scheme.

From 1 October 2027, anyone in Wales who is supplied with a drink in the types of container to which these Regulations apply must pay a deposit to the person who supplies the drink container. A person who returns an empty drink 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 drink containers which were purchased outside Wales.

Part 1 of the Regulations contains introductory provisions and a transitional provision.

Part 2 contains provisions on interpretation.

Part 3 contains provisions for the establishment of a deposit scheme for drinks containers in Wales. Under the scheme, a person who is supplied with a deposit item pays a deposit, which will be refunded when the item is returned to a scheme collector. This Part also sets out the circumstances in which a person is not entitled to a refund for a returnable item.

Part 4, Chapter 1 contains provisions imposing registration requirements on scheme producers and an obligation on the deposit management organisation to keep a register of registered scheme producers. Registered scheme producers are required to keep records relating to the supply of drinks containers. The deposit management organisation is also given powers to obtain information from registered scheme producers, and powers relating to the cancellation of a scheme producer’s registration. Chapter 2 contains provisions relating to low volume lines. Chapter 3 contains provisions relating to payments by scheme producers to the deposit management organisation. Schedule 1 contains further provision about the registration of scheme producers.

Part 5 contains provisions relating to scheme suppliers, including a prohibition on the supply of relevant drinks containers manufactured, imported or filled by a scheme producer who is not registered, and provisions relating to the labelling of deposit items, scheme multipacks and registered low volume products. Part 5 also contains provisions requiring scheme suppliers to charge a deposit for each deposit item which the scheme supplier supplies to the customer, and to display information about the deposit scheme and registered low volume products. Part 5 also includes powers for the deposit management organisation 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 drink containers, 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 the deposit management organisation. 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 about the general obligations of scheme collectors to offer payment for returnable items and to retain those returnable items for collection. Schedule 2 contains further provision about registration as a mandatory return point operator and Schedule 3 contains further provision about return point exemptions. Schedule 4 contains further provision about authorisations to operate voluntary return points

Part 7 contains provisions relating to the role of the deposit management organisation as scheme administrator. Chapter 1 of Part 7 contains provisions for the appointment and governance of the deposit management organisation, and Chapter 2 contains provisions about the issue and administration arrangements for a scheme logo, scheme packaging logo and scheme return code. Chapter 3 sets out a requirement on the deposit management organisation to publish template documents for the provision of certain types of scheme information. Chapter 4 contains provisions relating to the deposit on deposit items, including determining the amount of the deposit and the use that may be made by the deposit management organisation of amounts received as deposits. Chapter 5 sets out provisions about fees for registration that are payable by scheme producers, and Chapter 6 contains provisions relating to the collection of returnable items, including reviews of the operation of return points. Chapter 7 contains provisions about the recycling of in-scope materials from drink containers and the reuse of deposit items which have been returned. Chapter 8 contains provisions relating to Natural Resources Wales, and Chapter 9 confers powers on the deposit management organisation to work with the other scheme administrators in England and Northern Ireland, Scotland or overseas. Chapter 10 contains provisions relating to the internal review of decisions made by the deposit management organisation. Chapter 11 contains provisions for the revocation of a person’s appointment as the deposit management organisation. Chapter 11 also includes provisions relating to the Welsh Ministers (or another person) acting as interim scheme administrator until a person is appointed as the deposit management organisation. Schedule 5 contains provisions about the appointment of the deposit management organisation and related matters.

Part 8 contains provision relating to collection targets for the deposit management organisation.

Part 9 contains provisions relating to enforcement. Chapter 2 of Part 9 sets out enforcement powers and contains provisions requiring the provision of information. Chapter 3 contains provisions relating to offences and Chapter 4 contains provisions relating to civil sanctions. Chapter 5 contains provisions relating to the publication of enforcement action in a public register. Schedule 6 contains further provision about civil sanctions.

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

Part 11 sets out the functions of Natural Resources Wales.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Footnotes