# The Deposit and Return Scheme for Scotland Regulations 2020, Regulation 5: Obligations relating to charging deposits and marketing, offering for sale or selling articles

Extent: S
Status: prospective

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Subject to paragraph (4), any person who markets, offers for sale or sells a scheme article in Scotland must—
(a) charge a deposit when marketing, offering for sale or selling a scheme article in Scotland, and
(b) clearly display information in any place where the scheme article is displayed for sale by that person indicating—
(i) that the article is a scheme article to which the obligation to charge a deposit under these Regulations applies,
(ii) the amount of the deposit.
(3) Subject to paragraph (4), any person who markets, offers for sale or sells a non-scheme article in Scotland on or after 1 October 2027 must communicate to the purchaser at the point of sale that—
(a) the article is not a scheme article to which the requirements of these Regulations apply,
(b) an item of packaging in which that article is contained or sold cannot be returned in exchange for payment of a sum equal to a deposit.
(3A) Any person who markets, offers for sale or sells a non-Scottish article in Scotland on or after 1 October 2027 to a purchaser other than a consumer must communicate to that purchaser at the point of sale that—
(a) the article is not a scheme article to which the requirements of these Regulations apply,
(b) an item of packaging in which that article is contained or sold cannot be returned in exchange for payment of a sum equal to a deposit.
(3B) Any person who markets, offers for sale or sells a scheme article in Scotland must ensure that the scheme article carries—
(a) the scheme logo, and
(b) the scheme return code,
regardless of whether the scheme article is, or is intended to be, marketed, offered for sale or sold to a consumer in a scheme multipack.
(3C) Any person who markets, offers for sale or sells a scheme article in Scotland as part of a scheme multipack must ensure that the multipack carries the scheme multipack logo (if any).
(3D) Any person who markets, offers for sale or sells a low volume drink product in Scotland must ensure that the low volume drink product does not carry any or all of the scheme logo, the multipack logo or the scheme return code.
(3E) For the purposes of paragraph (3D), it is irrelevant if the low volume drink product is intended to be marketed, offered for sale or sold as a single item or in a multipack.
(3F) Any person who markets, offers for sale or sells a low volume drink product in Scotland must ensure that a multipack which includes only low volume drink products does not carry the scheme multipack logo.
(4) The obligations in paragraphs (2) , (3), (3B), (3C), (3D) or (3F) do not apply—
(a) in the case of a scheme article , non-scheme article, scheme multipack or low volume drink product which is marketed, offered for sale or sold in Scotland—
(i) in an export shop, or
(ii) exclusively for consumption on the premises of sale,
(b) in the case of a scheme article , non-scheme article, scheme multipack or low volume drink product which is intended for retail sale outside Scotland.

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Source: https://www.legislation.gov.uk/ssi/2020/154/regulation/5 (the official version)
Page: https://openlegislation.uk/deposit-and-return-scheme-for-scotland-regulations-2020/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.