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The Deposit and Return Scheme for Scotland Regulations 2020

S.S.I. 2020/154 · Made 19 May 2020 · Extends to Scotland

Not fully up to date. 6 changes made by later legislation have not yet been written into this text, which is revised to 1 July 2025.

See the changes not yet applied
ProvisionChangeMade by
reg. 4coming into forceDeposit and Return Scheme for Scotland 2020 reg. 1(5)
reg. 18coming into forceDeposit and Return Scheme for Scotland 2020 reg. 1(5)
reg. 30coming into forceDeposit and Return Scheme for Scotland 2020 reg. 1(5)
reg. 5coming into forceDeposit and Return Scheme for Scotland 2020 reg. 1(5)
reg. 31coming into forceDeposit and Return Scheme for Scotland 2020 reg. 1(5)
reg. 32coming into forceDeposit and Return Scheme for Scotland 2020 reg. 1(5)

Environmental Protection

Made 19th May 2020

Coming into force

for the purpose of regulation 1(2) 20th May 2020

for the purpose of regulation 1(3) 1st January 2021

for the purpose of regulation 1(4) 1st January 2022

for the purpose of regulation 1(5) 1st July 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 84, 89, 90 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 97(2) to (5) of that Act, a copy of the proposed regulations and a statement setting out the reasons for proposing to make them were laid before the Scottish Parliament for a representation period of 91 days.

In accordance with section 97(6) and (7) of that Act, the Scottish Ministers have had regard to any representations on the proposed regulations made to them, and to any report relating to the proposed regulations published by any committee of the Scottish Parliament for the time being appointed by virtue of standing orders, and have laid with these Regulations a statement setting out the details of such representations and reports and the changes made to the proposed regulations in response to such representations and reports, and the reasons for those changes.

In accordance with section 96(4) of that 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

2009 asp 12.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Scheme articles and scheme packaging
  5. 3ALow volume drink products
  6. Part 2: The deposit and return scheme
  7. 4Sale of articles Not yet in force
  8. 5Obligations relating to charging deposits and marketing, offering for sale or selling articles Not yet in force
  9. Part 3: Producers
  10. Chapter 1: Definition of a producer
  11. 6Producers
  12. Chapter 2: Registration of a producer
  13. 7Application for registration of a producer
  14. 8Producer registration Repealed
  15. 9Cancellation of registration of producers Repealed
  16. Chapter 3: Producer Obligations
  17. 10Producer obligations: general
  18. 11Producer obligations: further provision
  19. 12Producer obligations: producers registered through a scheme administrator Repealed
  20. Part 4: Scheme administrator
  21. 13Scheme administrator Repealed
  22. 14Application for approval of a scheme administrator Repealed
  23. 15Approval of scheme administrator Repealed
  24. 16Obligations of a scheme administrator
  25. 16ACollection etc. of scheme packaging and returnable packaging from return point operators, hospitality retailers and takeback service providers and connected payment
  26. 16BInformation about returns data
  27. 17Withdrawal of approval of a scheme administrator Repealed
  28. Part 5: Retailers and return points
  29. Chapter 1: Retailers
  30. 18Retailers Not yet in force
  31. 19Retailer obligations
  32. Chapter 2: Return of scheme packaging
  33. 20Return points
  34. 20ZAApplication for registration of a groceries retailer as return point operator
  35. 20ZBEffect of making an application for a return point exemption: applications ongoing at 1st October 2027
  36. 20ZCEffect of making an application for a return point exemption: person becoming a groceries retailer on or after 1st October 2027
  37. 20AHospitality retailers
  38. 21Takeback services
  39. Chapter 3: Exemptions for return points
  40. 22Exemptions for return points
  41. 23Revocation of an exemption for a return point Repealed
  42. 24Application for exemption of a return point
  43. Chapter 4: Voluntary return point operators
  44. 25Voluntary return point operators
  45. Part 6: Appeals or reviews Repealed
  46. 26Right of appeal or review Repealed
  47. 27Procedure Repealed
  48. 28Determination of appeals Repealed
  49. 29Status pending appeal Repealed
  50. Part 7: Enforcement and offences
  51. 30Enforcement authority Not yet in force
  52. 30AEnforcement authority costs Not yet in force
  53. 31Offences Not yet in force
  54. Part 8: Review of these Regulations Not yet in force
  55. 32Duty to review these Regulations Not yet in force
  56. Signature
  57. Schedule 1: Producer Registration: Information to be contained in an application for producer registration
  58. 1Paragraph 1
  59. 2Paragraph 2
  60. 3Paragraph 3
  61. 4Paragraph 4
  62. 5Paragraph 5
  63. 6Paragraph 6
  64. 7Paragraph 7
  65. 8Paragraph 8
  66. 9Paragraph 9 Repealed
  67. 10Paragraph 10 Repealed
  68. 11Paragraph 11 Repealed
  69. 12Paragraph 12 Repealed
  70. Schedule 1A: Information to be contained in an application for registration of a groceries retailer operating a return point
  71. 1Paragraph 1
  72. 2Paragraph 2
  73. 3Paragraph 3
  74. 4Paragraph 4
  75. 5Paragraph 5
  76. 6Paragraph 6
  77. Schedule 1B: Information to be contained in the application for registration of a takeback service provider
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. 3Paragraph 3
  81. 4Paragraph 4
  82. 5Paragraph 5
  83. 6Paragraph 6
  84. Schedule 1C: Information to be contained in the application for a return point exemption
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. 3Paragraph 3
  88. 4Paragraph 4
  89. 5Paragraph 5
  90. 6Paragraph 6
  91. 7Paragraph 7
  92. 8Paragraph 8
  93. Schedule 2: Scheme administrator approval: Information to be contained in an application for scheme administrator approval Repealed
  94. 1Paragraph 1 Repealed
  95. 2Paragraph 2 Repealed
  96. 3Paragraph 3 Repealed
  97. 4Paragraph 4 Repealed
  98. 5Paragraph 5 Repealed
  99. 6Paragraph 6 Repealed
  100. Schedule 3: Collection targets
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. Schedule 4: Registration of a voluntary return point operator: Information to be contained in an application for registration
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. 6Paragraph 6
  110. Schedule 5: LOW VOLUME DRINK PRODUCTS Repealed
  111. 1Producer of a low volume drink product Repealed
  112. 2Producer of a low volume drink product Repealed
  113. 3Producer of a low volume drink product Repealed
  114. 4Producer of a low volume drink product Repealed
  115. 5Application to be listed by producer of a low volume drink product Repealed
  116. 6Application to be listed by producer of a low volume drink product Repealed
  117. 7Application to be listed by producer of a low volume drink product Repealed
  118. 8Application to be listed by producer of a low volume drink product Repealed
  119. 9Application to be listed by producer of a low volume drink product Repealed
  120. 10Application to be listed by producer of a low volume drink product Repealed
  121. 11Application to be listed by producer of a low volume drink product Repealed
  122. 12Application to be listed by producer of a low volume drink product Repealed
  123. 13Cancellation of listing of producer of a low volume drink product Repealed
  124. 14Obligations of listed producer of a low volume drink product Repealed
  125. 15Interpretation Repealed
  126. Explanatory note