Article 11 The amount of the deposit: supplementary provisions

(1)

The amount of the deposit may be—

(a)

the same in respect of all scheme articles, or

(b)

different in respect of different scheme articles.

(2)

For the purposes of paragraph (1)(b), the scheme administrator may determine the amount of the deposit by reference to, for example—

(a)

the size of the scheme packaging,

(b)

the scheme material from which the scheme packaging is wholly or mainly made,

(c)

whether the scheme articles are marketed, offered for sale or sold to a consumer as single items or in scheme multipacks.

(3)

The scheme administrator, when determining the amount of the deposit for any scheme article, must have regard to—

(a)

the purposes of promoting or securing an increase in the recycling of scheme materials,

(b)

the collection targets,

(c)

the likely impact of the amount of the deposit on the ability of consumers to purchase scheme articles,

(d)

the likely impact of the amount of the deposit on the use of scheme packaging by registered producers (including the scheme material used to make that scheme packaging, the size of the scheme packaging and the use of scheme multipacks),

(e)

the likely impact on the purchase of scheme articles by consumers (including the scheme material used to make the scheme packaging, the size of the scheme packaging purchased and the purchase of scheme multipacks or single items),

(f)

the likely impact on consumers, the purposes of promoting or securing an increase in recycling of scheme materials, and the collection targets, if the amount of the deposit for a scheme article is different to any comparable amount payable for comparable items under any other deposit and return scheme, and

(g)

the likely impact of a proposed amount of the deposit on the operation of any other deposit and return scheme.

(4)

Before making a determination of the amount of the deposit under article 9(1), the scheme administrator must—

(a)

consult—

(i)

such persons as appear to the scheme administrator to represent those likely to be affected by the determination, including in particular persons who represent the interests of small producers, small retailers and wholesalers that market, offer for sale or sell scheme articles in Scotland,

(ii)

any other scheme administrator, and

(iii)

such other persons (if any) as the scheme administrator considers appropriate, and

(b)

have regard to the views expressed in responses to the consultation.

(5)

For the purposes of paragraph (3)(f), “comparable item”, in relation to a scheme article, means an item which can be returned under any other deposit and return scheme and is—

(a)

made wholly or mainly from the same scheme material as the scheme packaging in which the scheme article is contained or sold,

(b)

of the same size as the scheme packaging in which the scheme article is contained or sold, and

(c)

marketed, offered for sale or sold in a multipack, if the scheme article is marketed, offered for sale or sold in a scheme multipack.