Regulation 15 Obligations of a scheme administrator

For regulation 16 (obligations of a scheme administrator), substitute—

“16.

(1)

The scheme administrator must act in accordance with its approved operational plan.

(2)

The scheme administrator must submit an annual report to the Scottish Ministers and to SEPA for each relevant year.

(3)

The annual report must set out how, and the extent to which, the scheme administrator has in the relevant year acted in accordance with its operational plan.

(4)

The annual report must be submitted to the Scottish Ministers and to SEPA as soon as is reasonably practicable, and in any event within a period of 6 weeks beginning with the end of the relevant year to which it relates.

(5)

The scheme administrator must meet the minimum collection targets specified in schedule 3 in respect of scheme packaging containing a scheme article first made available by registered producers to be marketed, offered for sale or sold for the purposes of its retail sale in Scotland.

Collection etc. of scheme packaging and returnable packaging from return point operators, hospitality retailers and takeback service providers and connected payment

16A.

(1)

The scheme administrator must—

(a)

collect from return point operators all of the scheme packaging or returnable packaging accepted by those return point operators,

(b)

collect from hospitality retailers all of the scheme packaging kept by those hospitality retailers,

(c)

collect, or accept the return of, all of the scheme packaging or returnable packaging accepted by takeback service providers.

(2)

The scheme administrator must pay each return point operator from whom it collects scheme packaging or returnable packaging—

(a)

the sum equal to the deposit for each item of scheme packaging or returnable packaging that it collects from the return point operator, and

(b)

the handling payment determined by the scheme administrator under article 14 (handling payment) of the Designation Order 2025.

(3)

The scheme administrator must pay hospitality retailers from whom it collects any scheme packaging the total amount of sums equal to the deposits which have been paid by those hospitality retailers in respect of the collected scheme packaging.

(4)

The scheme administrator must pay each takeback service provider from whom it collects, or accepts, scheme packaging or returnable packaging the sum equal to the deposit for each item of scheme packaging or returnable packaging that it collects, or accepts, from takeback service provider.

(5)

The scheme administrator must make any payment required under paragraphs (2)(a), (3) or (4)—

(a)

at such intervals, and

(b)

in such manner

as are determined in accordance with its approved operational plan.

Information about returns data

16B.

(1)

A scheme administrator must—

(a)

supply returns data to its registered producers,

(b)

inform each registered producer, in such manner and at such intervals as are determined in accordance with its operational plan, of how many of each of the producer’s scheme articles were returned to the scheme administrator and in respect of which sums equal to the deposit were paid, within a particular time period, and

(c)

make available the returns data to SEPA.

(2)

In paragraph (1) “returns data” means—

(a)

information that enables registered producers to determine the number of scheme articles returned or not returned to the scheme administrator, including the proportion of returns by product,

(b)

information about deposits that are unredeemed,

(c)

information relating to the locations of returns, and

(d)

information about returns received by the scheme administrator from any other scheme administrator of a deposit and return scheme established in another part of the United Kingdom.”.