The Deposit and Return Scheme for Scotland Regulations 2020
Jurisdiction | Scotland |
Citation | SSI 2020/154 |
(1) These Regulations may be cited as the Deposit and Return Scheme for Scotland Regulations 2020.(2) Parts 1, 4 and 6 come into force on the day after the day on which these Regulations are made.(3) In Part 5, regulations 22 to 25 come into force on 1 January 2021.(4) Part 3 comes into force on 1 January 2022.(5) Parts 2 and 7, and the remaining provisions of Part 5 come into force on 1 July 2022.(1) In these Regulations—
- “authorised person” means a person authorised by SEPA under regulation 30(3) ,
- “consumer” means a person who is acting for purposes which are outside that person’s trade, business, craft or profession,
- “deposit” has the meaning given in regulation 5(1) ,
- “drink” means a beverage intended for human consumption, including concentrated soft drinks,
- “enforcement powers” means the powers specified in regulation 30(4) ,
- “export shop” has the same meaning as in regulation 3 of the Excise Goods (Export Shops) Regulations 2000 ,
- “hospitality retailer” is a retailer that sells a scheme article exclusively for the purpose of its consumption on the premises of sale,
- “non-scheme article” has the meaning given in regulation 3(2) ,
- “online retail sale” is a retail sale through a website or online marketplace, and related expressions are to be construed accordingly,
- “operator” in relation to a website or online marketplace means the person who controls access to, and the content of, the website or online marketplace,
- “PET plastic” means polyethelene terephthalate,
- “producer” has the meaning given in regulation 6,
- “registered producer” means a producer registered with SEPA for the purposes of these Regulations in accordance with chapter 2 of Part 3,
- “registered through a scheme administrator” has the meaning given in regulation 12(1) ,
- “relevant year” means any calendar year in which a person is a producer,
- “retailer” has the meaning given in regulation 18(1) ,
- “retail sale” means a sale to a consumer,
- “return point” means a place at which a person (whether the purchaser of the scheme article or otherwise) can return scheme packaging and receive payment of a sum equal to the deposit for each item of scheme packaging returned,
- “return point operator” has the meaning given in regulation 20(1) ,
- “scheme administrator” means a person that has been approved to carry out the functions specified in regulation 13(2) and to fulfil the obligations specified in regulation 16,
- “scheme article” has the meaning given in regulation 3(2) ,
- “scheme packaging” has the meaning given in regulation 3(2) ,
- “SEPA” means the Scottish Environment Protection Agency ,
- “single-use packaging” has the meaning given in regulation 3(2) ,
- “takeback service” has the meaning given in regulation 21(1) ,
- “vending machine” means an automatic machine for the sale of a scheme article (regardless of whether the machine also sells other products) ,
- “wholesaler” has the meaning given in regulation 11(4) ,
- “writing” and “written” include electronic communications within the meaning of section 15(1) (general interpretation) of the Electronic Communications Act 2000 , which have been recorded and are consequently capable of being reproduced in written form.
- “non-scheme article” means an article that meets the criteria in sub-paragraphs (a) and (c) of the definition of “scheme article” in this paragraph, but does not meet the criteria in sub-paragraph (b) of that definition,
- “scheme article” means a drink (regardless of whether it is sold alone or as a unit in a multipack) that is—
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(a) contained and sold in packaging that—
- (i) is made wholly or mainly from PET plastic, glass, steel or aluminium,
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(ii) is conceived or designed to—
- (aa) contain at least 50 millilitres and no more than 3 litres of liquid, and
- (bb) be sealed in an airtight and watertight state at the point of sale,
- (iii) cannot be returned to its state at the point of sale by the consumer, and
- (iv) is single-use packaging,
- (b) first made available to be marketed, offered for sale or sold by the producer on or after 1 July 2022, and
- (c) made available to be marketed, offered for sale or sold by the producer for the purposes of its retail sale in Scotland.
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(a) contained and sold in packaging that—
- “scheme packaging” means the packaging for a scheme article that is conceived or designed to come in direct contact with the drink, and does not include packaging conceived or designed to group together multiple components in a multipack.
- “single-use packaging” means packaging for a drink that is not conceived, designed or placed on the market to accomplish, within its life span—
- (a) multiple refills by a consumer,
- (b) multiple trips or rotations by being returned to a producer to be refilled by that producer for the same purpose for which it was conceived.
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