Regulation 26 Duty to display information about the Scheme

(1)

A scheme supplier must provide or display, or provide for display, the scheme information, in accordance with this regulation.

(2)

A scheme supplier who offers to supply deposit items or connected goods or services orally (for example, by telephone) must—

(a)

give the scheme information to a person who orders deposit items or connected goods or services before taking payment for those items, goods or services, and

(b)

if requested, provide the scheme information in writing to that person.

(3)

A scheme supplier who displays or offers deposit items for supply at or on any premises must display the scheme information on those premises—

(a)

so it is available to people choosing deposit items, and

(b)

so as to comply with paragraph (7).

(4)

But paragraph (3) does not apply—

(a)

to any on-sale premises which are opted-out premises, or

(b)

in respect of any deposit items which are displayed, or offered, for supply for immediate consumption at or on that part of mixed retail premises which are opted-out premises.

(5)

A scheme supplier who offers deposit items for supply on a website, through a mobile application or in any kind of publication must—

(a)

ensure, so as to comply with paragraph (7), that the scheme information is displayed as part of the description of the deposit items on the website, in the mobile application or in the publication, or

(b)

if the scheme supplier is not responsible for the website, mobile application or publication, provide the scheme information to the person who is responsible for the website, mobile application or publication, for display as part of the description of the deposit items on the website, in the mobile application or in the publication.

(6)

A scheme supplier who provides the scheme information in accordance with paragraph (5)(b) must ask the person to whom they provide that information to display it so as to comply with paragraph (7) as part of the description of the deposit items on the website, in the mobile application or in the publication.

(7)

A display of the scheme information complies with this paragraph if it is displayed clearly and accessibly.

(8)

In these Regulations “scheme information” means—

(a)

a statement that the scheme supplier is required by the Scheme to charge a deposit for each deposit item that the supplier supplies,

(b)

subject to paragraph (9), for each deposit item that the scheme supplier displays or offers for supply—

(i)

the amount payable for the deposit item excluding the deposit,

(ii)

the deposit level, and

(iii)

the amount payable for the deposit item including the deposit, and

(c)

where the scheme supplier is a scheme retailer, a statement as to how a person can obtain a refund for any deposit item supplied to them.

(9)

A retailer need not duplicate in the scheme information any amount which the retailer is required to indicate in accordance with article 4 or 5 of the Price Marking Order 2004^f1 (obligations to indicate selling price and unit price).

Annotations

Footnotes

f1: S.I. 2004/102.