The Deposit and Return Scheme for Scotland (Miscellaneous Amendment) Regulations 2023
Draft 2023, ISBN 9780111057872
Draft Regulations laid before the Scottish Parliament under section 96(4) of the Climate Change (Scotland) Act 2009, for approval by resolution of the Scottish Parliament.
Environmental Protection
Made 2023
Coming into force 2023
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 84 and 96(2) of the Climate Change (Scotland) Act 2009f1 and all other powers enabling them to do so.
In accordance with section 84(6) of that Act, the Scottish Ministers consider that it is expedient to make these Regulations for the purpose of promoting and securing an increase in the recycling of materials.
In accordance with section 96(4) of the 2009 Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Amendment of the Deposit and Return Scheme for Scotland Regulations 2020
- 3Amendment of commencement date
- 4Scheme articles and scheme packaging
- 5Obligations relating to charging deposits and marketing, offering for sale or selling articles
- 6Amendment of application for registration as a producer
- 7Amendment of producer registration
- 8Amendment of duty to review these regulations date
- 9Amendment of collection targets
- 10Amendment of application to be listed as producer of a low volume drink product
- 11Amendment of the Deposit and Return Scheme for Scotland Amendment Regulations 2023
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Deposit and Return Scheme for Scotland (Miscellaneous Amendment) Regulations 2023 and come into force on the day after the day on which these Regulations are made.
2Amendment of the Deposit and Return Scheme for Scotland Regulations 2020
The Deposit and Return Scheme for Scotland Regulations 2020f1 are amended in accordance with regulations 3 to 10.
3Amendment of commencement date
In regulation 1(5)f1 (citation and commencement), for “1 March 2024” substitute “1 October 2025”.
4Scheme articles and scheme packaging
In regulation 3(2)f1 (scheme articles and scheme packaging) in sub-paragraph (b) of the definition of “scheme article, for “1 March 2024” substitute “1 October 2025”.
5Obligations relating to charging deposits and marketing, offering for sale or selling articles
6Amendment of application for registration as a producer
In regulation 7(2)f1 (application for registration as a producer)—
in sub-paragraph (a), for “12 January 2024” substitute “13 August 2025”,
in sub-paragraph (aa), for “1 January 2025” substitute “1 January 2026”.
7Amendment of producer registration
In regulation 8f1 (producer registration)—
in paragraph (1), for “1 January 2025” substitute “1 January 2026”,
in paragraph (4)(a), for “1 March 2024” substitute “1 October 2025”.
8Amendment of duty to review these regulations date
In regulation 32(1)f1 (duty to review these regulations) for “1 October 2027” substitute “1 October 2029”.
9Amendment of collection targets
In paragraph 1 of schedule 3f1 (collection targets)—
in sub-paragraph (b), for “beginning 1 January 2025 and ending 31 December 2025” substitute “beginning 1 January 2026 and ending 31 December 2026”,
in sub-paragraph (c), for “1 January 2026” substitute “1 January 2027”.
10Amendment of application to be listed as producer of a low volume drink product
In schedule 5f1 (low volume drink products)—
in paragraph 6(a) (application to be listed as producer of a low volume drink product), for “12 January 2024” substitute “13 August 2025”,
in paragraph 10(a) (application to be listed as producer of a low volume drink product), for “1 March 2024” substitute “1 October 2025”.
11Amendment of the Deposit and Return Scheme for Scotland Amendment Regulations 2023
Regulation 22 of the Deposit and Return Scheme for Scotland Amendment Regulations 2023f1 is omitted.
Signature
Name
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Date
Explanatory note
(This note is not part of the Regulations)
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 amends the date in regulation 1(5) of the 2020 Regulations (the date on which parts 2, 7 and 8, and certain provisions in Part 5, of the 2020 Regulations come into force).
Regulation 4 amends the definition of scheme article in the 2020 Regulations.
Regulation 5 amends regulation 5 of the 2020 Regulations so that the obligations there take effect from 1 October 2025. Regulation 6 amends the dates by which a producer must apply for registration under regulation 7(2) of the 2020 Regulations. Regulation 7 amends the dates from which such registration takes effect under regulation 8 of the 2020 Regulations.
Regulation 8 amends the date by which the 2020 Regulations must be reviewed.
Regulation 9 amends paragraph 1 of schedule 3 so that the collection target of the first full year of the scheme is 80% and the target for subsequent years is 90%.
Regulation 10 amends the date by which a producer must first apply to be listed as a producer of a low volume drink product under schedule 5 of the 2020 Regulations as well as the date from which such listing takes effect in 2025.
Regulation 11 amends the Deposit and Return Scheme for Scotland Amendment Regulations 2023 to omit the transitional provision.
An update to the Business Regulatory Impact Assessment will be published by the Scottish Government online at gov.scot.