Regulation 4 Interpretation
In regulation 2(1)f1 (interpretation)—
at the beginning, insert—
““approved operational plan” means the scheme administrator’s operational plan which has been approved by SEPA in accordance with article 4(4) (operational plan) of the Designation Order 2025,”,
for the definition of “deposit” substitute—
““deposit” has the meaning given in article 2 (interpretation) of the Designation Order 2025”,
“the Designation Order 2025” means the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025f2,”,
after the definition of “export shop” insert—
““groceries” means one or more of the following sold by a retailer—
- (a)
food suitable for human consumption (other than sold exclusively for consumption on the premises of sale),
- (b)
scheme articles or other drinks (alcoholic and non-alcoholic, other than sold exclusively for consumption on the premises of sale),
- (c)
pet food,
- (d)
cleaning products,
- (e)
toiletries and household goods, other than petrol, clothing, DIY products, financial services, pharmaceuticals, newspapers, magazines and books, greetings cards, CDs, DVDs, videos and audio tapes, toys, plants, flowers, perfumes, cosmetics, electrical appliances, kitchen hardware, gardening equipment, books, tobacco and tobacco products,
“groceries retailer” means a retailer which is a supermarket of any size, a grocery store, a convenience store, or a newsagent and which sells groceries,”,
in the definition of “hospitality retailer”, omit “exclusively”,
omit the definition of “listed producer”,
in sub-paragraph (b) of the definition of “low volume drink product”, from “Scotland” to the end substitute—
“the United Kingdom in a quantity which will not exceed—
- (i)
6250 units in the first relevant year,
- (ii)
5000 units in any other relevant year,”,
in the definition of “producer”, in sub-paragraph (b) for “paragraphs 1 to 4 of schedule 5” insert “regulation 6(2A) to (2D)”,
in the definition of “registered producer”,—
for “SEPA” substitute “the scheme administrator”,
for “chapter 2 of Part 3”, substitute “chapter 1 of Part 3 of the Designation Order 2025”,
omit the definition of “registered through a scheme administrator”,
for the definition of “relevant year”, substitute—
““relevant year” means—
- (i)
the period beginning on 1st October 2027 and ending on 31st December 2028 (“first relevant year”), or
- (ii)
the calendar year beginning with 1 January 2029 or any subsequent calendar year,”,
after the definition of “retail sale”, insert—
““returnable packaging” has the meaning given in regulation 3(2),”,
in the definition of “return point”, insert after “scheme packaging’ in each place it occurs “or returnable packaging”,
for the definition of “scheme administrator” substitute—
““scheme administrator” means a person or body designated as the scheme administrator under article 3 (designation of scheme administrator) of the Designation Order 2025,”,
after the definition of “scheme article”, insert—
““scheme logo” means the scheme logo issued by the scheme administrator under article 5(1) (scheme logo and scheme multipack logo) of the Designation Order 2025,
“scheme multipack” means a multipack which contains scheme articles (whether or not it contains any other items),
“scheme multipack logo” means the scheme multipack logo issued by the scheme administrator under article 5(1) of the Designation Order 2025,”,
after the definition of “scheme packaging”, insert—
““scheme return code” has the meaning given in article 7(1) (scheme return code) of the Designation Order 2025,”,
after the definition of “SEPA” insert—
““sum equal to the deposit” means, in relation to an item of scheme packaging in which a scheme article was contained or sold, an amount equal to the greater of—
- (a)
the amount of the deposit on the date on which the item of scheme packaging is returned,
- (b)
the amount of the deposit on the date on which the item of the scheme packaging was supplied with a scheme article,”,
in the definition of “takeback service”, for “21(1)” substitute “21(3), and “takeback service provider” is to be construed accordingly”,
omit the definition of “wholesaler”.
After regulation 2(3) (interpretation), insert—
“(4)In the definition of “sum equal to the deposit”, the reference to the amount of the deposit is to be read as including the amount of the deposit for a scheme article which is comparable to the item of scheme packaging.
(5)For the purposes of paragraph (4), a scheme article is comparable to the item of scheme packaging if the packaging of the scheme article—
(a)is made wholly or mainly from the same scheme material as the item of scheme packaging,
(b)is of the same size as the item of scheme packaging, and
(c)is marketed, offered for sale or sold to consumers in a scheme multipack, if the item of scheme packaging item was market, offered for sale or sold to a consumer in a multipack.”.
Annotations
Footnotes
- f1
-
Regulation 2(1) is relevantly amended by S.S.I. 2022/76 and S.S.I. 2023/201.
- f2
-
S.S.I. 2025/XXX.