Regulation 3 Scheme articles and scheme packagingI1
Scotland
The deposit and return scheme established by these Regulations applies to—
a scheme article, and
scheme packaging in which a scheme article is contained or sold.
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—
- (a)
contained and sold in packaging that—
- (i)
is made wholly or mainly from PET plastic, F3... steel or aluminium,
- (ii)
is conceived or designed to—
- (aa)
contain at least F4150 millilitres and no more than 3 litres of liquid, and
- (bb)
be sealed in an airtight and watertight state at the point of sale,
- (aa)
- (iii)
cannot be returned to its state at the point of sale by the consumer, and
- (iv)
is single-use packaging,
- (i)
- (b)
- (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
- (d)
is not a low volume drink product,
- (a)
“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—
- (a)
multiple refills by a consumer,
- (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.
- (a)
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)