Explanatory note

These Regulations amend the Deposit and Return Scheme for Scotland Regulations 2020 (“the 2020 Regulations”) which make provision for the operation of a deposit and return scheme. These Regulations come into force on the day after the day on which they are made.

Regulation 3 provides for regulations 30, 30A and 31(7)(a) and (7A) of the 2020 Regulations to come into force on 1 January 2027 in so far as they relate to the functions of the scheme administrator under Part 4; regulation 31(11), (12) and (15) to (17) come into force on 1 January 2027, in so far as they relate to an offence committed by the scheme administrator under regulation 31(7)(a) or (7A); and for the remaining provisions of Part 7 to come fully into force on 1 October 2027.

Regulation 4 omits the definition of “export shop” from regulation 2(1) of the 2020 Regulations and re-inserts the definitions of “returnable packaging” and “sum equal to the deposit” in the correct positions. Regulation 5 omits regulation 5(4)(a) of the 2020 Regulations to remove the exception provisions in relation to items marketed, offered for sale or sold in export shops or exclusively for consumption on the premises of sale.

Regulation 6 amends regulation 16(4) of the 2020 Regulation to change the deadline for the submission by the scheme administrator of its annual report from 6 to 12 weeks after the end of the relevant year. Regulation 7 amends regulation 16A of the 2020 Regulations so that the requirement on the scheme administrator to collect scheme packaging from hospitality retailers applies only when the hospitality retailer has requested a collection.

Regulation 8(a) amends regulation 19 of the 2020 Regulations to remove the exemption for groceries retailers which are export shops from operating return points. Regulation 8(b) further amends regulation 19 to allow hospitality retailers to decide not to charge the deposit when they market, offer for sale or sell a scheme article exclusively for consumption on the premises of sale, and imposes obligations in such cases to display certain information to customers. Regulation 10 removes regulation 20A of the 2020 Regulations to remove the requirement on hospitality retailers to retain scheme packaging for collection.

Regulations 9, 11 and 14 correct minor errors in the 2020 Regulations. Regulation 12 amends the offences provisions in the 2020 Regulations to align with amendments to obligations in the 2020 Regulations and to correct minor errors. Regulation 13 amends paragraph 3 of schedules 1, 1A, 1B and 1C to clarify the wording.