Regulation 16 Retailer obligations

For regulation 19^f1 (retailer obligations), substitute—

“19.

(1)

A retailer must comply with the obligations in regulation 5(2), (3), (3B), (3C), (3D) and (3F).

(2)

A groceries retailer must operate a return point at any retail premises in Scotland at which a scheme article is marketed, offered by sale or sold by that groceries retailer, unless—

(a)

those retail premises of the groceries retailer have limited retail space and are situated in an urban area,

(b)

those retail premises are an export shop,

(c)

the sale of a scheme article on those retail premises is solely by way of a vending machine,

(d)

the sale of a scheme article on those retail premises is solely by way of a distance retail sale, or

(e)

the groceries retailer has been granted an exemption by the scheme administrator under article 29(2) (exemptions for groceries retailers from operating return points) of the Designation Order 2025 in relation to those premises.

(3)

A groceries retailer that is required to operate a return point under paragraph (2) in respect of any retail premises must—

(a)

be registered with the scheme administrator in respect of those premises under article 27(1) (registration of groceries retailer as a return point operator) of the Designation Order 2025,

(b)

clearly display information on those premises about how a deposit can be redeemed in relation to a scheme article.

(4)

A retailer, to which paragraph (3) does not apply, must clearly display information about how a deposit can be redeemed—

(a)

in the case of scheme article marketed, offered for sale or sold on its retail premises, on those premises,

(b)

in the case of a scheme article marketed, offered for sale or sold by way of distance retail sale, in any place where the scheme article is displayed for sale,

(c)

in the case of a scheme article marketed, offered for sale or sold by way of a vending machine, on the vending machine.

(5)

For the purposes of paragraph (2)(a)—

(a)

“limited retail space” means retail space of less than 100m2, regardless of whether that retail space is situated within, or forms part of, a larger building or premises and regardless of the uses, nature or purposes of the larger building or premises,

(b)

“urban” means an area which is classed either as a large urban areas (class 1) or as any other urban area (class 2) by reference to the document titled “Scottish Government Urban Rural Classification 2020” published by the Scottish Government on 31 May 2022^f2.”.