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Regulation 3 Scheme articles and scheme packagingI1

Scotland

(1)

The deposit and return scheme established by these Regulations applies to—

(a)

a scheme article, and

(b)

scheme packaging in which a scheme article is contained or sold.

(2)

For the purposes of these Regulations—

  • “non-scheme article” means an article that meets the criteria in sub-paragraphs (a) and (c) of the definition of “scheme article” in this paragraph, but does not meet the criteria in sub-paragraph (b) of that definition,

  • F1“non-Scottish article” means an article that meets the criteria in sub-paragraphs (a) and (b) of the definition of “scheme article” in this paragraph, but does not meet the criteria in sub-paragraph (c) of that definition,

  • F2“returnable packaging” means an item of packaging in which a drink was contained or sold and which is subject to any other deposit and return scheme established in another part of the United Kingdom,

  • “scheme article” means a drink (regardless of whether it is sold alone or as a unit in a multipack) that is—

    1. (a)

      contained and sold in packaging that—

      1. (i)

        is made wholly or mainly from PET plastic, F3... steel or aluminium,

      2. (ii)

        is conceived or designed to—

        1. (aa)

          contain at least F4150 millilitres and no more than 3 litres of liquid, and

        2. (bb)

          be sealed in an airtight and watertight state at the point of sale,

      3. (iii)

        cannot be returned to its state at the point of sale by the consumer, and

      4. (iv)

        is single-use packaging,

    2. (b)

      first made available to be marketed, offered for sale or sold by the producer on or after F51 October 2027, F6...

    3. (c)

      made available to be marketed, offered for sale or sold by the producer for the purposes of its retail sale in Scotland F7, and

    4. (d)

      is not a low volume drink product,

  • “scheme packaging” means the packaging for a scheme article that is conceived or designed to come in direct contact with the drink, and does not include packaging conceived or designed to group together multiple components in a multipack.

  • “single-use packaging” means packaging for a drink that is not conceived, designed or placed on the market to accomplish, within its life span—

    1. (a)

      multiple refills by a consumer,

    2. (b)

      multiple trips or rotations by being returned to a producer to be refilled by that producer for the same purpose for which it was conceived.

Annotations

Textual amendments

F1

Words in reg. 3(2) inserted (25.2.2022) by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76), regs. 1(1), 5(a) (with reg. 15)

F2

Words in reg. 3(2) inserted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 5(a)

F3

Word in reg. 3(2) omitted (20.6.2025) by virtue of The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 5(b)(i)

F4

Word in reg. 3(2) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 5(b)(ii)

F5

Words in reg. 3(2) substituted (20.6.2025) by The Deposit and Return Scheme for Scotland Amendment Regulations 2025 (S.S.I. 2025/188), regs. 1, 5(b)(iii)

F6

Word in reg. 3(2) omitted (30.6.2023) by virtue of The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 6(c) (with reg. 22)

F7

Words in reg. 3(2) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 6(d) (with reg. 22)

Commencement

I1

Reg. 3 in force at 20.5.2020, see reg. 1(2)