Draft  Regulations  laid befor e Parliament  under  section  143(5)  of the Envir onment  Act 2021,  for 
approval by resolution  of each  House  of Parliament. 
DRAFT  STATUT OR Y INSTRUMENTS 
No. 
ENVIRONMENT AL PROTECTION , ENGLAND 
ENVIRONMENT AL PROTECTION , NOR THERN 
IRELAND 
The Deposit  Scheme  for Drinks  Containers  (England  and Northern 
Ireland)  Regulations  2024 
- - - - Made 
Coming  into force in accor dance  with regulation  1 
CONTENTS 
Part 1 
Introductory 
1. Citation  and commencement 
2. Extent  and application 
Part 2 
Interpretation 
3. Meaning  of “drink” 
4. Meaning  of “scheme  producer”,  “scheme  retailer”,  “scheme  supplier”  and “supply”  and 
related  matters 
5. Meaning  of “established  in the United  Kingdom” 
6. The refund 
7. General  interpretation 
Part 3 
Establishment  of a Deposit  Scheme  for Drinks  Containers 
8. Establishment  of Deposit  Scheme  for Drinks  Containers  in England  and Northern  Ireland 
9. Circumstances  in which  a person  is not entitled  to a relevant  amount  for a returnable  item 
Part 4 
Scheme  producers 
Chapter  1 
Registration,  information  and related  matters 
10. Requirement  for scheme  producers  to be registered  to supply  SP container  drinks 
11. Register  of scheme  producers 
12. Requirement  for registered  scheme  producers  to keep records  about  supply  of SP container 
drinks 13. Deposit  management  organisation:  power  to obtain  information  from  registered  scheme 
producers 
14. Persons  ceasing  to be scheme  producers:  cancellation  of registration 
15. Persons  ceasing  to be scheme  producers:  requirements  to record  and provide  information. 
16. Persons  ceasing  to be scheme  producers:  updating  of the SP register 
Chapter  2 
Low volume  products 
17. Interpretation  of Chapter 
18. Registration  of product  lines  as “low  volume” 
19. Duration  of registration  of a product  line as “low  volume” 
20. Registration  of product  lines  as “low  volume”:  updates  to the SP register 
Chapter  3 
Payments  to the deposit  management  organisation 
21. Producer  registration  fees 
22. Deposits 
Part 5 
Scheme  suppliers 
23. Prohibition  on supply  of drinks  produced  etc. by a scheme  producer  who is not registered 
with the deposit  management  organisation 
24. Labelling  of deposit  items  and scheme  multipacks 
25. Labelling  of registered  low volume  products 
26. Duty  to display  information  about  the Scheme 
27. Duty  to display  information  about  low volume  products 
28. Requirement  to charge a deposit 
29. Duty  to display  information  on opted-out  premises 
30. Deposit  management  organisation:  power  to obtain  information  from  scheme  supplier 
Part 6 
Return  of returnable  items 
Chapter  1 
Items  subject  to overseas  schemes 
31. Direction  specifying  an overseas  scheme  for the purposes  of these  Regulations 
32. Determination  of overseas  refund  amount 
33. The amount  of the additional  scheme  refund:  supplementary  provisions 
Chapter  2 
Mandatory  return  points 
34. Interpretation 
35. Requirement  for groceries  retailers  to operate  a return  point  at or on MRP  premises 
36. Exemption  for small  groceries  retailers  in urban  areas 
37. Requirement  for groceries  retailers  to provide  information  at or on retail  premises  without 
a return  point 
Chapter  3 
Voluntary  return  points 
38. Interpretation  of Chapter  3 
39. Voluntary  operation  of return  points 
40. Operation  of return  points  by the deposit  management  organisation 
Chapter  4 
Information  to be provided  at return  points 
41. Information  to be provided  at a return  point 
2 Chapter  5 
Take-back  services  and DMO  collections 
42. Provision  of take-back  services 
43. Information  about  take-back  services 
44. Collection  or acceptance  of returnable  items  by the deposit  management  organisation 
Chapter  6 
The register  of return  points,  the register  of return  point  exemptions  and the register  of take-back  service  providers 
45. Register  of return  point  operators  and DMO  return  points 
46. The register  of return  point  exemptions 
47. The register  of take-back  service  providers 
Chapter  7 
General  obligations  of scheme  collectors 
48. Form  of return  amount 
49. Requirement  for return  point  operators  to retain  returnable  items 
50. Requirement  for take-back  service  providers  to retain  returnable  items 
Part 7 
The scheme  administrator:  the deposit  management  organisation 
Chapter  1 
Appointment  and governance 
51. The deposit  management  organisation 
52. Conditions 
53. Operational  plan 
54. Annual  and other  reports 
55. Reserve  fund 
Chapter  2 
Scheme  logo,  Scheme  packaging  logo and Scheme  return  code 
56. Scheme  logo and Scheme  packaging  logo 
57. Publication  of Scheme  logo and Scheme  packaging  logo 
58. Scheme  return  code 
59. Agreement  on a common  Scheme  logo,  Scheme  packaging  logo,  and Scheme  return  code 
Chapter  3 
The deposit 
60. Requirement  to determine  the amount  of the deposit 
61. Revision  of amount  of the deposit 
62. The amount  of the deposit:  supplementary  provision 
63. Use of amounts  received  as deposits 
Chapter  4 
Fees for registration 
64. Registration  fees for scheme  producers 
65. Use of registration  fees 
Chapter  5 
Collection  etc. of returnable  items 
66. Review  of operation  of return  points 
67. Collection  etc. of returnable  items  from  scheme  collectors  and retailers  and connected 
payment 
68. The handling  payment 
Chapter  6 
Recycling  of in-scope  materials 
69. Recycling  of in-scope  material  from  returned  refund  items 
3 70. Recycling  of in-scope  material  from  other  returned  items 
71. Amounts  received  in connection  with arrangements  made  under  regulation  69 or 70 
Chapter  7 
National  enforcement  authorities 
72. Amounts  to be paid to the national  enforcement  authorities 
73. Information  about  returns  data 
74. Co-operation 
Chapter  8 
Working  with other  scheme  administrators 
75. Co-operation  and joint working 
76. Payments  to other  scheme  administrators 
Chapter  9 
Review  of decisions 
77. Internal  review  of decisions  made  by the deposit  management  organisation 
78. Internal  review:  procedure 
79. Status  of certain  decisions  pending  outcome  of internal  review 
Chapter  10 
Revocation  of a person’ s appointment  as the deposit  management  organisation 
80. Revocation  of a person’ s appointment  as the deposit  management  organisation 
81. Interim  scheme  administrator 
Part 8 
Targets 
82. Collection  targets:  the deposit  management  organisation 
83. Recycling  targets:  scheme  producers 
Part 9 
Enforcement 
Chapter  1 
Interpretation 
84. Interpretation  of Part 9 
Chapter  2 
Enforcement  powers 
85. Enforcement  powers:  England 
86. Enforcement  powers:  Northern  Ireland 
87. Information 
Chapter  3 
Offences 
88. Obstructing  an authorised  person 
89. Failure  to comply  with civil sanction 
90. Liability  of directors  etc. 
Chapter  4 
Civil  sanctions 
91. Interpretation  of Chapter  4 
92. Civil  sanctions:  introductory 
93. Enforcement  costs  recovery  notices 
94. Penalties  and costs  received  under  this Part 
95. Withdrawing  or amending  a notice 
Chapter  5 
Public  register 
96. Publication  of enforcement  action  in public  register 
4 97. Spent  convictions  of individuals 
Part 10 
Appeals 
98. Interpretation  of Part 10 
99. Right  of appeal 
100. Procedure  on appeal 
101. Status  pending  appeal:  decision  to revoke  a person’ s appointment  as the deposit 
management  organisation 
102. Determination  of appeals 
Part 11 
Functions  of the national  enforcement  authorities 
103. Operational  plans 
104. Enforcement 
105. Co-operation  with deposit  management  organisations 
106. Annual  reports  from  deposit  management  organisations 
107. Monitoring  functions 
108. Monitoring  reports 
109. Appeals 
Part 12 
Review 
110. Review 
SCHEDULES 
Scheme  producers:  registration  with the deposit  management  organisation — Schedule  1 
Registration — Part 1 
Cancellation  of registration — Part 2 
Registration  of mandatory  return  point  operators — Schedule  2 
Return  point  exemptions — Schedule  3 
Voluntary  operation  of return  points  and provision  of take-back  services — Schedule  4 
Introductory — Part 1 
Application  for appointment  as a collection  administrator — Part 2 
Application  for authorisation  to operate  a return  point — Part 3 
Registration  of scheme  retailer  as provider  of a take-back  service — Part 4 
Information — Part 5 
Revocation  of appointment  or authorisation — Part 6 
Appointment  etc. of the deposit  management  organisation — Schedule  5 
Introductory — Part 1 
Appointment  of the deposit  management  organisation — Part 2 
Revocation  of a person’ s appointment  as deposit  management  organisation — Part 3 
Appeals  in connection  with Parts  2 and 3 — Part 4 
Civil  Sanctions — Schedule  6 
Introductory — Part 1 
The Table of Civil  Sanctions — Part 2 
Fixed  monetary  penalties — Part 3 
Variable  monetary  penalty — Part 4 
Compliance  Notices — Part 5 
Enforcement  undertaking — Part 6 
5 Procedure  on Appeal — Schedule  7 
The Secretary  of State  makes  these  Regulations  in exercise  of the powers  conferred  by sections 
50, 54 and 143(1)  of, paragraphs  1, 2 and 12 to 19 of Schedule  4 to and Schedule  8 to the 
Environment  Act 2021 (a) (“the  2021  Act”). 
In accordance  with sections  50(3)  and 54(4)  of the 2021  Act, the Department  of Agriculture, 
Environment  and Rural  Affairs in Northern  Ireland  has consented  to the making  of these 
Regulations. 
In accordance  with paragraph  8 of Schedule  4 to the 2021  Act, the Secretary  of State  has consulted 
those  persons  appearing  to the Secretary  of State  to represent  the interests  of those  likely  to be 
affected  by regulation  83 of these  Regulations. 
The Secretary  of State  is satisfied  that regulation  83 of these  Regulations  satisfies  the requirements 
set out in paragraph  9 of Schedule  4 to the 2021  Act. 
In accordance  with section  143(5)  of the 2021  Act, a draft  of this instrument  was laid before  and 
approved  by a resolution  of both Houses  of Parliament. 
PART 1 
Introductory 
Citation  and commencement 
1. —(1) These  Regulations  may be cited  as the Deposit  Scheme  for Drinks  Containers  (England 
and Northern  Ireland)  Regulations  2024. 
(2) Except  as provided  in paragraph  (3), these  Regulations  come  into force  on 1st October 
2027. 
(3) The following  provisions  come  into force  on the day after the day on which  these  Regulations 
are made— 
(a) this Part; 
(b) Part 2 (interpretation); 
(c) Chapter  1 of Part 6 (items  subject  to overseas  schemes); 
(d) Part 7 (the scheme  administrator:  the deposit  management  organisation); 
(e) Part 9 (enforcement),  in so far as it relates  to the functions  of the deposit  management 
organisation  under  Part 7; 
(f) Part 10 (appeals),  in so far as it relates  to the appointment  of the deposit  management 
organisation. 
Extent  and application 
2. —(1) These  Regulations  extend  to England  and Wales and Northern  Ireland. 
(2) These  Regulations  apply  only in England  and Northern  Ireland. 
(a) 2021  c. 30. 
6 (3) But nothing  in these  Regulations  applies  in relation  to— 
(a) the supply  of container  drinks  in export  shops  or the supply  of existing  container  drinks, 
or 
(b) the bottles  or cans in which  any of those  drinks  are or were  supplied. 
(4) In this regulation — 
“existing  container  drink”  means  a container  drink  which  is first supplied  in any part of 
the United  Kingdom  before  1st October  2025; 
“export  shop”  has the meaning  given  in regulation  2 of the Excise  Goods  (Export  Shops) 
Regulations  2000 (a). 
PART 2 
Interpretation 
Meaning  of “drink” 
3. —(1) For the purposes  of these  Regulations  “drink”  means— 
(a) water  suitable  for human  consumption, 
(b) a beverage  suitable  for human  consumption, 
(c) a sports  drink  suitable  for human  consumption,  or 
(d) a liquid  which  constitutes  a beverage  or sports  drink  suitable  for human  consumption 
if it is— 
(i) diluted, 
(ii) combined  with crushed  ice or processed  so as to create  crushed  ice, 
(iii) combined  with carbon  dioxide,  or 
(iv) prepared  by way of a process  which  involves  any combination  of the processes 
mentioned  in sub-paragraphs  (i) to (iii), 
such as fruit squash  or fruit cordial. 
(2) Paragraph  (1)(d)  does not include  any liquid  which  is used only— 
(a) to add flavour  to, or enhance  the flavour  of, a beverage  or sports  drink  suitable  for 
human  consumption;  or 
(b) to sweeten  a beverage  or sports  drink  suitable  for human  consumption, 
such as coffee flavouring  syrup,  sugar  syrup  or hot sauce. 
(3) “Sports  drink”  means  a liquid  which  is advertised  or marketed  as a product  to enhance 
physical  performance,  accelerate  recovery  after exercise  or increase  muscle  mass,  or other  similar 
liquid. 
Meaning  of “deposit  item”,  “scheme  producer”,  “scheme  retailer”,  “scheme  supplier”  and 
“supply”  and related  matters 
4. —(1) For the purposes  of paragraph  1(3) of Schedule  8 to the 2021  Act (items  specified  as 
“deposit  items”),  references  in these  Regulations  to a "deposit  item”  mean  a container  drink  other 
than a low volume  product. 
(2) In these  Regulations— 
(a) S.I. 2000/645. 
7 “manufacturer” , in relation  to a container  drink,  means— 
(a) the person  who manufactures  the drink,  or 
(b) if the container  drink  is marketed  or otherwise  offered  for supply  under  the name, 
trademark  or other  distinguishing  mark  of another  person,  that other  person; 
“non-UK  container  drink”  means  a container  drink  from  outside  the United  Kingdom; 
“scheme  producer”  means  a person  who is established  in the United  Kingdom  and who 
performs  one or more  of the following  activities— 
(a) a manufacturer  of container  drinks; 
(b) an importer; 
(c) a person  who fills container  drinks  to order; 
“scheme  retailer”  means  a scheme  supplier  who supplies  deposit  items  to scheme  consumers; 
“scheme  supplier”  means  a person  who— 
(a) is established  in the United  Kingdom,  and 
(b) supplies  deposit  items. 
(3) A person  fills a container  drink  to order  if they fill the relevant  container  with drink  and 
securely  close  it in response  to an order  from  a consumer  in the relevant  area. 
(4) For the purposes  of paragraph  (3), it does not matter  whether  the consumer  is present  when 
the container  is filled  or securely  closed  (or both). 
(5) Subject  to paragraph  (6), a person  (“S”)  supplies  a container  drink  if, in the course  of a 
business,  S— 
(a) supplies  the container  drink  by way of sale, or in connection  with the supply  of other 
goods  or services— 
(i) for consumption  in the relevant  area,  or 
(ii) with a view  to the drink  being  consumed  in the relevant  area,  or 
(b) offers, or agrees,  to supply  the container  drink  by way of sale, or in connection  with 
the supply  of goods  or services,  for either  of those  purposes. 
(6) Where  a container  drink  is offered  for supply  through  a means  of distance  communication, 
S supplies  that container  drink  only if— 
(a) they determine  that it is to be offered  for supply  through  that means  of distance 
communication,  and 
(b) they provide  it for supply . 
(7) For the purposes  of paragraph  (6) it does not matter  who undertakes— 
(a) to obtain  payment  for the container  drink  or the other  goods  or services,  or 
(b) to operate  or provide  the relevant  means  of distance  communication. 
(8) In the case of a cross-border  distance  supply  of a deposit  item,  the deposit  item is to be 
treated— 
(a) as supplied  in England,  where  the person  to whom  it is supplied  is located  in England; 
(b) as supplied  in Northern  Ireland,  where  the person  to whom  it is supplied  is located  in 
Northern  Ireland. 
(9) For the purposes  of paragraph  (8), “cross-border  distance  supply  of a deposit  item”  means 
the supply  of a deposit  item through  a means  of distance  communication  when  the person  who 
orders  the drink,  or the relevant  connected  goods  or services,  from  the scheme  supplier— 
(a) is located  in England  and the scheme  supplier  is located  outside  England; 
8 (b) is located  in Northern  Ireland  and the scheme  supplier  is located  outside  Northern  Ireland. 
Meaning  of “established  in the United  Kingdom” 
5. In these  Regulations  “established  in the United  Kingdom”  means— 
(a) in the case of an individual,  where  the individual  is resident  in the United  Kingdom; 
(b) in all other  cases,  where  the person  has— 
(i) a registered  or principal  office  in the United  Kingdom,  or 
(ii) a permanent  place  in the United  Kingdom  from  which  the person  carries  out 
activities  which  the person  is constituted  to perform. 
The refund 
6. —(1) The refund  in respect  of a refund  item is an amount  equal  to the greater  of— 
(a) the deposit  level  on the date on which  the refund  item is returned,  or 
(b) the deposit  level  on the date on which  the refund  item was supplied  as part of the deposit 
scheme. 
(2) Where  deposit  levels  are different  for different  deposit  items  on a particular  date,  the 
references  in paragraph  (1) to the deposit  level  are to be read as the deposit  level  for a deposit 
item which  is comparable  to the refund  item. 
(3) For the purposes  of this regulation,  a deposit  item is comparable  to a refund  item if the 
container  of the deposit  item— 
(a) is made  wholly  or mainly  from  the same  in-scope  material  as the refund  item, 
(b) is of the same  size as the refund  item,  and 
(c) is offered  for supply  to consumers  in a scheme  multipack,  if the refund  item was supplied 
to a scheme  consumer  in a multipack. 
General  interpr etation 
7. —(1) In these  Regulations— 
“brand  name”  means  the primary  name  by which  a drink  is known; 
“brand  owner” , in relation  to a container  drink,  means  the person  under  whose  name, 
trademark  or other  distinguishing  mark  that container  drink  is marketed  or otherwise  offered 
for supply  in the relevant  area; 
“code”  means  a bar code,  QR code  or other  code  from  which  information  can be obtained 
by scanning  it electronically; 
“collection  administrator”  means  a scheme  administrator  (other  than the deposit  management 
organisation)  who operates  a return  point  or operates  a take-back  service  (or both); 
“connected  goods  or services”  means  any goods  or services  which,  when  purchased  or 
received  by a consumer , results  in the consumer  being  provided  with a free drink; 
“consumer”  means  a person  acting  otherwise  than in the course  of a business  who purchases 
goods  and services  solely  for personal  use; 
“container”  means  a bottle  or can, including  any label  affixed  to it and its lid or other 
means  of closure,  in which  drink  is supplied  and which— 
(a) is made  wholly  or mainly  from  in-scope  material, 
9 (b) has a capacity  of at least 150 millilitres  but no more  than three  litres  of liquid, 
and 
(c) is likely  to be used only once,  or for a short  period  of time,  before  being  discarded; 
“container  drink”  means  a drink  in a securely  closed  container; 
“convenience  store”  means  a retail  store  which  carries  a limited  selection  of basic  items 
including  packaged  food,  drinks  and household  products  and which  is open  for long hours 
for the convenience  of consumers  living  primarily  within  its vicinity; 
“DAERA”  means  the Department  of Agriculture,  Environment  and Rural  Affairs in Northern 
Ireland; 
“deposit” , in relation  to a deposit  item,  means  a deposit  of an amount  determined  in 
accordance  with Chapter  3 of Part 7; 
“deposit  item”  has the meaning  given  in regulation  4(1); 
“deposit  level”  means  the amount  of the deposit  in respect  of deposit  items; 
“deposit  management  organisation”  has the meaning  given  in regulation  51(1); 
“drink”  has the meaning  given  in regulation  3(1); 
“fill to order”  is to be construed  in accordance  with regulation  4(3); 
“groceries”  means  one or more  of the following— 
(a) food suitable  for human  consumption; 
(b) deposit  items  or other  drinks; 
(c) pet food; 
(d) cleaning  products; 
(e) toiletries  and household  goods,  other  than petrol,  clothing,  DIY products,  financial 
services,  pharmaceuticals,  newspapers,  magazines  and books,  greetings  cards, 
CDs,  DVDs,  video  and audio  tapes,  toys,  plants  and flowers,  perfumes  and 
cosmetics,  electrical  appliances,  kitchen  hardware,  gardening  equipment,  tobacco 
and tobacco  products; 
“groceries  retailer”  means  a supermarket  of any size, a grocery  store,  a convenience  store, 
or a newsagent  but does not include  premises  which  sell prepared  food for consumption 
off the premises  or a coffee shop  whether  or not it is selling  food and drinks  which  may 
be consumed  on the premises; 
“the handling  payment”  has the meaning  given  in regulation  68(1); 
“importer”  means— 
(a) a person  who— 
(i) imports  a non-UK  container  drink  into the United  Kingdom,  and 
(ii) who is the first person  established  in the United  Kingdom  or based  in the 
Republic  of Ireland  to offer for supply  on the market  in the relevant  area 
that non-UK  container  drink,  or 
(b) a person  who is based  in the Republic  of Ireland  who supplies  container  drinks 
into Northern  Ireland  and who complies  with the obligations  of a registered  scheme 
producer  under  these  Regulations. 
“in-scope  material”  means— 
(a) aluminium, 
10 (b) polyethylene  terephthalate  (PET)  plastic,  or 
(c) steel; 
“low  volume  product”  has the meaning  given  in regulation  18(7); 
“mandatory  return  point  operator”  has the meaning  given  in regulation  35(4); 
“means  of distance  communication”  means— 
(a) a website, 
(b) application  software  designed  and developed  for use on mobile  devices,  such as 
smartphones  and tablets,  or 
(c) any other  method  of communication  which  can be used,  without  the simultaneous 
physical  presence  of the person  supplying  an item and the person  to whom  it is 
supplied,  for the conclusion  of a contract  by the two parties  for the supply  of an 
item or connected  goods  and services; 
“mixed  retail  premises”  means  a premises  at or on which  a scheme  retailer  supplies  deposit 
items  both for consumption  at or on those  premises  and for consumption  off those  premises; 
“multipack”  means  any packaging  which  contains  (whether  fully  or partially  enclosing)  SP 
container  drinks  which  are, or are intended  to be, presented  for supply  to consumers; 
“national  enforcement  authority”  means— 
(a) in England,  the Environment  Agency; 
(b) in Northern  Ireland,  DAERA; 
“NEA  costs” , in relation  to a national  enforcement  authority , means  the costs  incurred  by 
the authority  in exercising  the functions  conferred  on it by or under  these  Regulations 
“on-sale  premises”  means  a premises  at or on which  a scheme  retailer  supplies  deposit 
items  only for consumption  at or on those  premises; 
“operational  plan”  has the meaning  given  by paragraph  2(3)(e) of Schedule  5, and includes 
any revisions  made  to it in accordance  with regulation  53; 
“opt-out  decision”  has the meaning  given  in regulation  28(2); 
“opted-out  premises”  means  a premises  in respect  of which  a scheme  supplier  has, for the 
time being,  made  an opt-out  decision; 
“overseas  refund  amount”  has the meaning  given  in regulation  32(2); 
“overseas  scheme”  means  a scheme  which  is established  outside  of the United  Kingdom 
and is equivalent  to a deposit  scheme; 
“overseas  scheme  administrator”  means  a person  who exercises  functions  in relation  to a 
specified  overseas  scheme  which  are equivalent  to those  of the scheme  administrator  of a 
deposit  scheme; 
“overseas  scheme  item”  means  a container  that is the subject  of a specified  overseas  scheme; 
“premises”  includes  land,  buildings,  moveable  structures,  vehicles,  vessels,  trains,  aircraft 
and hovercraft; 
“publication  ” means  a catalogue,  a newspaper , a magazine,  a periodical,  or other  similar 
publication; 
“refund  item”  means  the container  from  a deposit  item; 
“registered  low volume  product”  has the meaning  given  in regulation  18(8); 
11 “registered  scheme  producer”  means  a scheme  producer  who is registered  with the deposit 
management  organisation  in accordance  with regulation  10; 
“registration  fee” has the meaning  given  in regulation  64(3); 
“relevant  area”  means— 
(a) in relation  to the supply  of a registered  low volume  product,  the United  Kingdom; 
otherwise, 
(b) the scheme  area; 
“return  amount”  has the meaning  given  in regulation  8(4); 
“return  point”  means  a place  in the scheme  area where  a person  can return  returnable  items 
to a return  point  operator  and obtain  the return  amounts  for those  items; 
“return  point  exemption”  has the meaning  given  in regulation  35(3); 
“return  point  operator”  means  a person  who operates  a return  point; 
“returnable  item”  has the meaning  given  in regulation  8(4); 
“the Scheme”  has the meaning  given  in regulation  8(1); 
“the scheme  area”  means  the area comprising  England  and Northern  Ireland; 
“scheme  collector”  means— 
(a) a return  point  operator , or 
(b) a take-back  service  provider; 
“scheme  consumer”  means  a consumer  in the scheme  area; 
“scheme  logo”  has the meaning  given  in regulation  56(1); 
“scheme  multipack”  means  a multipack  which  contains  deposit  items  (whether  or not it 
contains  any other  items); 
“scheme  packaging  logo”  has the meaning  given  in regulation  56(1); 
“scheme  producer”  has the meaning  given  in regulation  4(2); 
“scheme  retailer”  has the meaning  given  in regulation  4(2); 
“scheme  supplier”  has the meaning  given  in regulation  4(2); 
“scheme  year”  means— 
(a) the period  of 12 months  beginning  with 1st October  2027,  or 
(b) a period  of 12 months  beginning  with 1 January  in any of the subsequent  years; 
“Scottish  refund  amount” , in relation  to a Scottish  scheme  item,  means  a sum equal  to the 
deposit  payable  for that item in accordance  with the relevant  Scottish  deposit  and return 
scheme; 
“Scottish  scheme  item”  means  a container  that is the subject  of a Scottish  deposit  and 
return  scheme; 
“SP container” , in relation  to a scheme  producer , means  the container  from  an SP container 
drink; 
“SP container  drink” , in relation  to a scheme  producer , means— 
(a) a drink  in a securely  closed  container  which  is produced  by the scheme  producer , 
(b) a drink  in a securely  closed  container  which  is imported  by the scheme  producer , 
or 
12 (c) a securely  closed  container  which  is filled  to order  by the scheme  producer; 
“the SP register”  has the meaning  given  in regulation  11(1); 
“specified  overseas  scheme”  has the meaning  given  by regulation  31(2); 
“take-back  service”  means  a service  under  which  returnable  items  are collected  from  scheme 
consumers  from  any place  other  than premises  at or on which  a scheme  retailer  sells 
groceries  to consumers; 
“take-back  service  provider”  means  a scheme  retailer  who is registered  to provide  a 
take-back  service; 
“vending  machine”  means  an automatic  machine  for the supply  of deposit  items  (whether 
alone  or together  with other  products); 
“Welsh deposit  scheme”  means  a deposit  scheme  established  by the Welsh Ministers; 
“Welsh refund  amount” , in relation  to a Welsh scheme  item,  means  a sum equal  to the 
deposit  payable  for that item in accordance  with the relevant  Welsh deposit  scheme; 
“Welsh scheme  administrator”  means  a scheme  administrator  of a Welsh deposit  scheme; 
“Welsh scheme  item”  means  a container  that is a deposit  item under  a Welsh deposit 
scheme; 
(2) For the purposes  of these  Regulations,  any reference  to the size of a multipack  is a reference 
to the number  of container  drinks  contained  in the multipack. 
(3) It does not matter  for the purposes  of these  Regulations  whether  deposit  items  are— 
(a) intended  to be presented  for supply  to consumers  in multipacks  or as single  items; 
(b) presented  for supply  to consumers  in multipacks  or as single  items; 
(c) supplied  to consumers  in multipacks  or as single  items. 
(4) For the purposes  of these  Regulations,  a person  acts in the course  of a business  if they act 
in the ordinary  course  of conduct  of a trade,  business,  craft or profession,  and any reference  to 
a person  acting  otherwise  than in the course  of a business  is to be construed  accordingly . 
(5) Where  a scheme  supplier— 
(a) offers to supply  deposit  items  for immediate  consumption  at or on any particular  premises, 
and 
(b) opens  the relevant  containers  before  supplying  the drinks  (whether  wholly  or partially) 
in those  containers  to the persons  who have  ordered  them, 
the containers  are, for the purposes  of these  Regulations,  to be treated  as being  securely  closed 
when  they are supplied  (and accordingly  are “deposit  items”). 
(6) Any reference  to “consumption  of a drink”  (however  expressed)  includes  the consumption 
of the beverage  or sports  drink  resulting  from  the preparation  of a liquid  as described  in regulation 
3(1)(d). 
(7) A reference  to a person  supplying  drinks  in securely  closed  containers  for “immediate 
consumption  at or on a particular  premises”  includes  a reference  to the relevant  drinks  being 
supplied  for consumption  at or on an area in close  proximity  to those  premises— 
(a) where  seating  is made  available  for that person’ s customers  (whether  by that person  or 
another  person),  or 
(b) which  the person’ s customers  habitually  use for the consumption  of drinks  supplied  by 
that person. 
13 PART 3 
Establishment  of a Deposit  Scheme  for Drinks  Containers 
Establishment  of Deposit  Scheme  for Drinks  Containers  in England  and Northern  Ireland 
8. —(1) These  Regulations  establish,  in England  and Northern  Ireland,  a deposit  scheme (a) in 
respect  of containers  in which  drinks  are supplied  for the purposes  of— 
(a) sustaining,  promoting  and securing  an increase  in the recycling  of materials,  including 
by securing  higher  quality  material  for recycling  and supporting  a circular  economy , 
and 
(b) reducing  the incidence  of littering. 
The deposit  scheme  in paragraph  (1) is referred  to in these  Regulations  as “the Scheme”. 
(2) Under  the Scheme— 
(a) a person  supplied  with a deposit  item by a scheme  supplier  pays a deposit  to the scheme 
supplier , and 
(b) a person  who provides  a returnable  item to a scheme  collector  is entitled  to be paid the 
return  amount  for that item by the scheme  collector . 
(3) Paragraph  (2)(a) is subject  to regulation  28 and paragraph  (2)(b) is subject  to regulation  9. 
(4) In these  Regulations— 
“return  amount”  means— 
(a) in relation  to an overseas  scheme  item,  the overseas  refund  amount, 
(b) in relation  to a Scottish  scheme  item,  the Scottish  refund  amount, 
(c) in relation  to a Welsh scheme  item,  the Welsh refund  amount,  or 
(d) in relation  to a refund  item,  a refund; 
“returnable  item”  means— 
(a) an overseas  scheme  item, 
(b) a Scottish  scheme  item, 
(c) a Welsh scheme  item,  or 
(d) a refund  item. 
Circumstances  in which  a person  is not entitled  to a relevant  amount  for a returnable  item 
9. —(1) A person  who provides  a returnable  item to a scheme  collector  is not entitled  to be 
paid a return  amount  for that item if the scheme  collector  has a reasonable  excuse  not to accept 
the returnable  item. 
(2) The circumstances  in which  a scheme  collector  has a reasonable  excuse  not to accept  a 
returnable  item from  a person  include,  for example— 
(a) the scheme  collector  not being  able to identify  the container  as a returnable  item 
(including  where  it is not carrying  a scheme  logo or other  equivalent  logo or scheme 
return  mark  or other  equivalent  code); 
(b) the returnable  item being  soiled; 
(a) See paragraph  1(2) of Schedule  8 to the Environment  Act 2021  for the meaning  of “deposit  scheme”. 
14 (c) the returnable  item not being  empty; 
(d) the returnable  item not being  intact; 
(e) the returnable  item being  the container  for a drink  which  the scheme  collector  does not 
or would  not supply  for reasons  of the scheme  collector ’s faith or belief; 
(f) where  the scheme  collector  is a scheme  retailer , the person  providing  the returnable  item 
is attempting  to return  a number  of returnable  items  which  is disproportionately  greater 
than the number  of deposit  items  that the scheme  retailer  would  supply  to a scheme 
consumer  in an average  single  transaction. 
(3) For the purposes  of paragraph  (2)(d), a returnable  item is to be treated  as intact  regardless 
of whetherscheme  collector  the lid or other  similar  item used to close  it— 
(a) is not returned  with the returnable  item,  or 
(b) is returned  with the returnable  item but is not attached  to it. 
(4) For the avoidance  of doubt,  a scheme  collector  does not have  a reasonable  excuse  not to 
accept  a returnable  item solely  on the grounds  that it is for a drink  which  the return  point  operator 
does not, or, if the return  point  operator  were  a scheme  supplier , would  not, supply  otherwise 
than as provided  for in paragraph  (2)(e) . 
PART 4 
Scheme  producers 
Chapter  1 
Registration,  information  and related  matters 
Requir ement  for scheme  producers  to be register ed to supply  SP container  drinks 
10. —(1) A scheme  producer  may not supply  SP container  drinks  unless  the scheme  producer 
is registered  with the deposit  management  organisation. 
(2) Part 1 of Schedule  1 contains  provision  about  the registration  of scheme  producers. 
Register  of scheme  producers 
11. —(1) The deposit  management  organisation  must  publish  and maintain  a register  of registered 
scheme  producers  (“the  SP register”). 
(2) The entry  in the SP register  for a registered  scheme  producer  must  state— 
(a) whether  or not the scheme  producer  is a brand  owner; 
(b) whether  or not the scheme  producer  is an importer; 
(c) if the scheme  producer  is a brand  owner  or an importer  (or both),  the brand  name  of 
each drink  for which  the scheme  producer  is the brand  owner  or importer; 
(d) whether  or not the scheme  producer  fills containers  to order; 
(e) the date on which  the scheme  producer ’s registration  application  was granted; 
(f) whether  or not the scheme  producer  produces,  imports  or fills containers  to order  with, 
any registered  low volume  products  and if so, what  those  products  are and the date on 
which  each of the products  was registered  as a low volume  product. 
(3) The deposit  management  organisation  must— 
(a) add an entry  for a registered  scheme  producer  to the SP register  as soon  as is reasonably 
practicable  after the scheme  producer ’s registration  application  is granted; 
15 (b) update  the entry  for a registered  scheme  producer  as soon  as reasonably  practicable  after 
the producer  registers  a low volume  product. 
(4) The deposit  management  organisation  must— 
(a) make  the public  register  available  for public  inspection  at all reasonable  times,  free of 
charge, and 
(b) permit  members  of the public  to obtain  copies  of entries  on its public  register  on payment 
of a reasonable  charge. 
Requir ement  for register ed scheme  producers  to keep  records  about  supply  of SP container 
drinks 
12. —(1) A registered  scheme  producer  must— 
(a) as soon  as is reasonably  practicable  after it supplies  an SP container  drink,  make  a 
record  of the information  specified  in paragraph  (2) for that SP container  drink,  and 
(b) keep  that record  for a period  of seven  years  beginning  with the day on which  it is made. 
(2) The information  mentioned  in paragraph  (1)(a) is— 
(a) the in-scope  material  from  which  the SP container  was wholly  or mainly  made, 
(b) the capacity  of the SP container , 
(c) if the SP container  drink  is intended  to be presented  for supply  to consumers  in a scheme 
multipack  containing  two or more  such drinks,  the size of the scheme  multipack, 
(d) the part of the relevant  area in which  the SP container  drink  is, or is intended  to be 
supplied  for consumption; 
(e) whether  the SP container  drink  is a registered  low volume  product. 
(3) Paragraph  (4) applies  if— 
(a) a registered  scheme  producer  supplies  SP container  drinks  to a person  other  than a 
consumer , and 
(b) the registered  scheme  producer  does not supply  those  drinks  to that person  on condition 
that they are to be supplied  for consumption  in a specific  part of the relevant  area. 
(4) The registered  scheme  producer  must,  for the purposes  of paragraph  (2)(d), record  the part 
of the relevant  area in which  the registered  scheme  producer  reasonably  expects  the SP container 
drinks  to be supplied  for consumption. 
Deposit  management  organisation:  power  to obtain  information  from register ed scheme 
producers 
13. —(1) The deposit  management  organisation  may direct  a registered  scheme  producer  to 
provide  it with such information  as is specified  in a notice  (an “information  notice”). 
(2) The deposit  management  organisation  may only specify  information  which  it reasonably 
requires  for the purposes  of carrying  out its functions  under , or in connection  with,  the Scheme. 
(3) An information  notice— 
(a) must  be in writing; 
(b) may be given  to— 
(i) a specified  registered  scheme  producer , 
(ii) all registered  scheme  producers  of a specified  description,  or 
(iii) all registered  scheme  producers; 
(c) may require  information  to be provided— 
16 (i) in a specified  form  or manner  (or both); 
(ii) by a specified  time or at specified  intervals; 
(iii) in respect  of a specified  period. 
(4) A registered  scheme  producer  to whom  an information  notice  is given  must  comply  with 
it. 
(5) In paragraph  (3) “specified”  means  specified  in an information  notice 
Persons  ceasing  to be scheme  producers:  cancellation  of registration 
14. Part 2 of Schedule  1 contains  provision  about  the cancellation  of a person’ s registration 
with the deposit  management  organisation  as a scheme  producer . 
Persons  ceasing  to be scheme  producers:  requir ements  to record  and provide  information. 
15. —(1) The duties  specified  in paragraph  (2) continue  to apply  to an outgoing  producer  on 
and after the registration  cancellation  date in so far as they relate  to SP container  drinks  supplied 
by the outgoing  producer  before  that date. 
(2) The duties  mentioned  in paragraph  (1) are the duties  in regulation  12(1)(b),regulation  13(4) 
(whether  the notice  is given  before,  on or after the registration  cancellation  date),  and regulation 
22. 
(3) The deposit  management  organisation  may direct  an outgoing  producer  to provide  it with 
such information  as is specified  in a notice  (an “information  notice”)  on or after the registration 
cancellation  date. 
(4) But the information  specified  in such a notice  must  relate  to matters  arising,  or SP container 
drinks  supplied,  before  the registration  cancellation  date. 
(5) Any reference  to a registered  scheme  producer  in regulations  12 to 14 and 22 (however 
expressed)  is to be read as including  a reference  to the outgoing  producer . 
(6) In this regulation  and regulation  16— 
“outgoing  producer”  means  a person  whose  registration  as a scheme  producer  is cancelled 
by the deposit  management  organisation  in accordance  with Part 2 of Schedule  1; 
“registration  cancellation  date”  means  the day on which  the cancellation  of an outgoing 
producer ’s registration  as a scheme  producer  takes  effect. 
Persons  ceasing  to be scheme  producers:  updating  of the SP register 
16. —(1) The deposit  management  organisation  must— 
(a) remove  the entry  relating  to an outgoing  producer  from  the SP register , and 
(b) publish  a notice  of the change  to the SP register  in such manner  as the deposit 
management  organisation  considers  appropriate  for the purposes  of bringing  that change 
to the attention  of scheme  suppliers. 
Chapter  2 
Low volume  products 
Interpr etation  of Chapter 
17. —(1) For the purposes  of this Chapter , a “pre-packed  drink  line”  is a group  of containers 
in which  a particular  drink  is made  available  for UK retail  sale in a scheme  year and which— 
(a) is made  wholly  or mainly  from  the same  in-scope  material,  and 
17 (b) has the same  capacity . 
(2) For the purposes  of this Chapter , a “container  line”  is a group  of containers  which  are filled 
to order  with a particular  drink  in a scheme  year and which— 
(a) is made  wholly  or mainly  from  the same  in-scope  material,  and 
(b) has the same  capacity . 
(3) For the purposes  of paragraphs  (1) and (2), it does not matter— 
(a) whether  or not the outward  appearance  of the containers  is the same; 
(b) whether  or not all of the drinks  are, or are intended  to be, sold to consumers  in the 
United  Kingdom  in multipacks; 
(c) whether  the products  are produced  in more  than one phase  of production  or, where 
imported,  are imported  at different  times. 
(4) In this Chapter— 
“product  line”  means  a pre-packed  drink  line or a container  line; 
“UK  retail  sale”  means  supply  by way of sale to consumers  in the United  Kingdom. 
Registration  of product  lines  as “low  volume” 
18. —(1) The scheme  producer  of a product  line may apply  to register  that line with the deposit 
management  organisation  as a low volume  line in relation  to a scheme  year if the number  of 
containers  in the product  line will not exceed  5,000. 
(2) An application  under  paragraph  (1) (an “LVL application”)  must— 
(a) state the scheme  year to which  it relates, 
(b) be made  in such form  and manner , and contain  such information  as the deposit 
management  organisation  may direct. 
(3) Where  the registered  scheme  producer  is a partnership,  the LVL application  must,  if made 
by only one partner , be made  by that partner  on behalf  of all of the partners. 
(4) Where  the deposit  management  organisation  receives  an LVL application,  it must— 
(a) grant  the application  and register  the relevant  line, if it is satisfied  that the threshold  in 
paragraph  (1) will not be exceeded; 
(b) otherwise,  refuse  the application. 
(5) The deposit  management  organisation  must  notify  the applicant,  in writing,  of its decision 
on the relevant  LVL application. 
(6) A notification  under  paragraph  (5) must— 
(a) where  the LVL application  is granted,  state the scheme  year in relation  to which  the 
relevant  product  line is registered  as a low volume  line; 
(b) where  the LVL application  is refused,  state the reasons  for that decision  and inform  the 
applicant  of their right  under  regulation  77 to ask the deposit  management  organisation 
to reconsider  its decision. 
(7) In these  Regulations,  a reference  to a “low  volume  product”  is to be read as a reference  to 
a drink  in a securely  closed  container— 
(a) which,  at the time it is made  available  for UK retail  sale, is part of a pre-packed  drink 
line; or 
(b) is a filled  to order  drink; 
and part of a product  line of 5,000  or fewer  items. 
18 (8) In these  Regulations,  a reference  to a “registered  low volume  product”  is to be read as a 
reference  to a drink  in a securely  closed  container— 
(a) which,  at the time it is made  available  for UK retail  sale, is part of a pre-packed  drink 
line which  is registered  as a low volume  line, or 
(b) in the case of filled  to order  drink,  the container  of which  is from  a container  line which 
is, at the time the container  is filled,  registered  as a low volume  line. 
Duration  of registration  of a product  line as “low  volume” 
19. —(1) The registration  of a product  line as a low volume  line under  regulation  18 ceases  to 
have  effect— 
(a) at the end of the scheme  year in relation  to which  the line is registered  as a low volume 
line, or 
(b) if earlier , at the end of the day on which  the deposit  management  organisation  cancels 
the registration. 
(2) The deposit  management  organisation— 
(a) must  cancel  the registration  of a product  line before  the end of the relevant  scheme  year, 
if the scheme  producer  notifies  the deposit  management  organisation  that the producer 
intends  to exceed  the threshold  in regulation  18(1) (“the  size threshold”)  in relation  to 
that product  line; 
(b) may cancel  the registration  of a product  line before  the end of the relevant  scheme  year 
if the deposit  management  organisation  is satisfied  that the size threshold  has been 
exceeded  in relation  to that product  line, otherwise  than following  a notification  under 
sub-paragraph  (a). 
(3) Where  the deposit  management  organisation  proposes  to cancel  a product  line’s registration 
as a low volume  line under  paragraph  (2)(b),  the deposit  management  organisation  must  give a 
notice  (a “proposal  notice”)  to the relevant  scheme  producer . 
(4) A proposal  notice  must  be in writing  and must— 
(a) state the reasons  for which  the deposit  management  organisation  is proposing  to cancel 
the registration, 
(b) specify  the day on which  the registration  will be cancelled,  if the proposal  is made  final, 
and 
(c) specify— 
(i) the form  and manner  in which  any representations  are to be made  to the deposit 
management  organisation  about  the proposal,  and 
(ii) the period  within  which  such representations  must  be made,  which  must  not be 
less than 28 days from  the date the proposal  notice  is given. 
(5) The deposit  management  organisation— 
(a) must  consider  any representations  made  to it in the form  and manner , and by the date, 
specified  for the purposes  of paragraph  (4)(c); 
(b) may consider  any representations  which  are not made  in the form  and manner , or by 
the date,  specified  for the purposes  of paragraph  (4)(c). 
(6) Where  the deposit  management  organisation  decides,  following  consideration  of any 
representations  made  by the relevant  scheme  producer , not to cancel  the product  line’s registration 
as a low volume  line, the deposit  management  organisation  must  give the scheme  producer  a 
notice  in writing  of its decision. 
(7) Where— 
19 (a) the deposit  management  organisation  decides,  following  consideration  of any 
representations  made  by the relevant  scheme  producer , to proceed  with the cancellation 
of the product  line’s registration  as a low volume  line, or 
(b) the relevant  scheme  producer  does not make  any representations  to the deposit 
management  organisation, 
the deposit  management  organisation  must  give the relevant  scheme  producer  an LVL cancellation 
notice. 
(8) An “LVL cancellation  notice”  is a notice  in writing  which— 
(a) states  that the relevant  product  line’s registration  as a low volume  line is being  revoked 
and why, 
(b) specifies  the date on which  the registration  is to be cancelled,  and 
(c) states  that the relevant  scheme  producer  has a right under  regulation  77 to ask the deposit 
management  organisation  to reconsider  its decision. 
(9) The date specified  for the purposes  of paragraph  (8)(b) may not be before  the end of the 
28-day  period  specified  in regulation  77. 
Registration  of product  lines  as “low  volume”:  updates  to the SP register 
20. —(1) The deposit  management  organisation  must— 
(a) update  the entry  relating  to a registered  scheme  producer  in the SP register  if— 
(i) any product  line produced  by the scheme  producer  is registered  as a low volume 
line in relation  to a scheme  year, or 
(ii) the registration  of any product  line as a low volume  product  line produced  by the 
scheme  producer  is cancelled  before  the end of the relevant  scheme  year; 
(b) publish  a notice  of the change  to the SP register  in such manner  as the deposit 
management  organisation  considers  appropriate  to bring  the change  to the attention  of 
scheme  suppliers. 
(2) The entry  for a registered  scheme  producer  must  state— 
(a) each scheme  year in relation  to which  the product  line is registered  as a low volume 
line, and 
(b) if a product  line’s registration  as such a line is cancelled  before  the end of a scheme 
year, the date on which  that cancellation  takes  effect. 
Chapter  3 
Payments  to the deposit  management  organisation 
Producer  registration  fees 
21. A registered  scheme  producer  must  pay any registration  fee, or any instalment  of such a 
fee, to the deposit  management  organisation. 
Deposits 
22. —(1) A registered  scheme  producer  must  pay to the deposit  management  organisation  an 
amount  equivalent  to the deposit  for each deposit  item which  the scheme  producer  supplies  to 
any person. 
(2) The registered  scheme  producer  must  pay any amount  required  to be paid to the deposit 
management  organisation  under  paragraph  (1)— 
20 (a) by such date,  or at such intervals,  as may be directed  by the deposit  management 
organisation; 
(b) by such means  as may be directed  by the deposit  management  organisation. 
PART 5 
Scheme  suppliers 
Prohibition  on supply  of drinks  produced  etc. by a scheme  producer  who is not register ed 
with  the deposit  management  organisation 
23. A scheme  supplier  must  not supply  a deposit  item unless  the scheme  producer  of the deposit 
item— 
(a) is a registered  scheme  producer , or 
(b) if the scheme  producer ’s registration  with the deposit  management  organisation  has been 
cancelled  in accordance  with paragraph  5 or 6 of Schedule  1, was a registered  scheme 
producer  at the time the deposit  item was made  available  for supply  by the scheme 
producer . 
Labelling  of deposit  items  and scheme  multipacks 
24. —(1) A scheme  supplier  may not supply  a deposit  item unless  the deposit  item carries— 
(a) the required  item logo,  and 
(b) a scheme  return  code, 
regardless  of whether  the deposit  item is or is intended  to be supplied  to scheme  consumers  in 
a multipack. 
(2) A scheme  supplier  may not supply  a scheme  multipack  unless  it carries  the required 
packaging  logo (if any). 
(3) But paragraph  (2) does not apply  where— 
(a) the deposit  management  organisation  first issues  a scheme  packaging  logo after 1st 
October  2027,  and 
(b) the scheme  multipack  was first made  available  for supply  in the scheme  area before  the 
date specified  for the purposes  of regulation  56(4) in relation  to that logo. 
(4) For the purposes  of this regulation — 
(a) the required  item logo in relation  to a deposit  item is— 
(i) the scheme  logo,  or 
(ii) if the deposit  item was produced  or imported  before  the date specified  for the 
purposes  of regulation  56(4)in relation  to the logo mentioned  in paragraph  (i), the 
logo issued  for the purposes  of regulation  56 when  the deposit  item was produced 
or imported; 
(b) the required  packaging  logo in relation  to a multipack  is— 
(i) the scheme  packaging  logo,  or 
(ii) if the multipack  was first made  available  for supply  in the scheme  area before  the 
date specified  for the purposes  of regulation  56(4) in relation  to the scheme 
packaging  logo,  the logo issued  for the purposes  of regulation  56 when  the multipack 
was first made  available  for supply  in the scheme  area. 
21 Labelling  of register ed low volume  products 
25. —(1) A scheme  supplier  may not supply— 
(a) a drink  as a registered  low volume  product,  or 
(b) where  the registration  of a low volume  product  has ceased  to have  effect in accordance 
with regulation  20, a drink  which  was a registered  low volume  product  at the time it 
was made  available  for supply  in the scheme  area by the registered  scheme  producer , 
which  carries  a scheme  logo or scheme  return  code  (or both). 
(2) For the purposes  of paragraph  (1) it does not matter  whether  the registered  low volume 
product  is intended  to be supplied  as a single  item or in a multipack. 
(3) Paragraph  (1) does not apply  if a drink  was registered  as a low volume  product  after it was 
produced  or imported. 
(4) A scheme  supplier  may not supply  a multipack  which  contains  registered  low volume 
products  but no deposit  items  if the multipack  carries  the scheme  packaging  logo (if any). 
(5) Paragraph  (4) does not apply  if the multipack  contains  only SP container  drinks  which  were 
registered  as low volume  products  after the day on which  the multipack  was first made  available 
for supply  in the scheme  area. 
Duty  to display  information  about  the Scheme 
26. —(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  orally  (for example,  by telephone) 
must— 
(a) give the Scheme  information  to the person  who orders  the 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  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  on that part of mixed  retail  premises  which  is an 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  that the Scheme  information  is displayed  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,  or 
(b) if they are 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  (as the case may be). 
(6) A person  who is provided  with the Scheme  information  in accordance  with paragraph  (5)(b) 
must  be asked  to display  that information  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. 
22 (7) A display  of the Scheme  information  complies  with this paragraph  if it is— 
(a) easily  visible, 
(b) clearly  legible,  and 
(c) not hidden  or obscured  in any way. 
(8) In this regulation  “the 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 amount  of the deposit,  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  of 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 (a) 
(obligations  to indicate  selling  price  and unit price). 
Duty  to display  information  about  low volume  products 
27. —(1) A scheme  supplier  must  provide  or display , or provide  for display , the LVP 
information,  in accordance  with this regulation . 
(2) A scheme  supplier  who offers to supply  LVPs orally  (for example,  by telephone)  must— 
(a) give the LVP information  to the person  who orders  the LVPs or connected  goods  or 
services  before  taking  payment  for those  LVPs,  goods  or services,  and 
(b) if requested,  provide  the LVP information  in writing  to that person. 
(3) A scheme  supplier  who displays,  or offers, LVPs for supply  at or on any premises  must 
display  the LVP information  on those  premises— 
(a) so it is available  to people  choosing  LVPs,  and 
(b) so as to comply  with paragraph  (6). 
(4) A scheme  supplier  who offers LVPs for supply  on a website,  through  a mobile  application 
or in any kind of publication  must— 
(a) ensure  that the LVP information  is displayed  so as to comply  with paragraph  (6) as part 
of the description  of the LVPs on the website,  in the mobile  application  or in the 
publication,  or 
(b) if they are not responsible  for the website,  mobile  application  or publication,  provide 
the LVP information  to the person  who is responsible  for the website,  mobile  application 
or publication,  for display  as part of the description  of the LVPs on the website,  in the 
mobile  application  or in the publication  (as the case may be). 
(5) A person  who is provided  with the LVP information  in accordance  with paragraph  (4)(b) 
must  be asked  to display  that information  so as to comply  with paragraph  (6) as part of the 
description  of the LVPs on the website,  in the mobile  application  or in the publication. 
(6) A display  of the LVP information  complies  with this paragraph  if it is— 
(a) S.I. 2004/102. 
23 (a) easily  visible, 
(b) clearly  legible,  and 
(c) not hidden  or obscured  in any way. 
(7) In this regulation — 
“LVP” means  a low volume  product; 
“the LVP information”  means— 
(a) a statement  that the scheme  supplier  is not required  to charge a deposit  in 
connection  with the supply  of any LVPs,  and 
(b) a statement  that no refund  is payable  for a container  from  an LVP. 
Requir ement  to charge  a deposit 
28. —(1) A scheme  supplier  must  charge a customer  a deposit  for each deposit  item which  the 
scheme  supplier  supplies  to the customer . 
(2) But a scheme  supplier  who supplies  deposit  items  for immediate  consumption  to customers 
at or on any mixed-retail  or on-sale  premises  (“IC items”)  may decide  not to charge a deposit 
for IC items  supplied  at or on those  premises  (an “opt-out  decision”). 
(3) The scheme  supplier  may reverse  an opt-out  decision  at any time. 
(4) In this regulation  “customer”,  in relation  to a scheme  supplier , means  a person  to whom 
the scheme  supplier  supplies  deposit  items. 
Duty  to display  information  on opted-out  premises 
29. —(1) A scheme  retailer  must  display  the opt-out  information  at or on any opted-out 
premises— 
(a) so as to comply  with paragraph  (2), and 
(b) so that it is available  to persons  choosing  deposit  items  for immediate  consumption  at 
or on those  premises. 
(2) A display  of the opt-out  information  complies  with this paragraph  if it is— 
(a) easily  visible, 
(b) clearly  legible,  and 
(c) not hidden  or obscured  in any way. 
(3) In this regulation  “the opt-out  information”  means— 
(a) a statement  that the scheme  retailer  is not required  to charge a deposit  for the deposit 
items  which  the scheme  retailer  supplies  for immediate  consumption  on the premises, 
and 
(b) a statement  requesting  that empty  containers  are not removed  from  the premises. 
Deposit  management  organisation:  power  to obtain  information  from scheme  supplier 
30. —(1) The deposit  management  organisation  may direct  a scheme  supplier  to provide  it with 
such information  as is specified  in a notice  (an “information  notice). 
(2) The deposit  management  organisation  may only specify  information  which  it reasonably 
requires  for the purposes  of carrying  out its functions  under , or in connection  with,  the Scheme. 
(3) An information  notice— 
(a) must  be in writing; 
24 (b) may be given  to— 
(i) a specified  scheme  supplier , 
(ii) all scheme  suppliers  of a specified  description,  or 
(iii) all scheme  suppliers; 
(c) may require  information  to be provided— 
(i) in a specified  form  or manner  (or both); 
(ii) by a specified  time or at specified  intervals; 
(iii) in respect  of a specified  period. 
(4) A scheme  supplier  to whom  an information  notice  is given  must  comply  with it. 
(5) In this regulation  “specified”  means  specified  in an information  notice. 
PART 6 
Return  of returnable  items 
Chapter  1 
Items  subject  to overseas  schemes 
Direction  specifying  an overseas  scheme  for the purposes  of these  Regulations 
31. —(1) The deposit  management  organisation  may give a direction  specifying  an overseas 
scheme  for the purposes  of enabling  containers  which  are the subject  of that scheme  to be returned 
to scheme  collectors. 
(2) Such  a scheme  is referred  to in these  Regulations  as a “specified  overseas  scheme”. 
(3) A direction  under  paragraph  (1) must— 
(a) be in writing, 
(b) state the date on which  it takes  effect, and 
(c) be published  in such manner  as the deposit  management  organisation  considers  appropriate 
for the purposes  of bringing  it to the attention  of scheme  collectors  and consumers. 
(4) A direction  under  paragraph  (1) has effect until revoked  by notice  by the deposit  management 
organisation. 
(5) A notice  under  paragraph  (4) must— 
(a) be in writing, 
(b) state the date on which  it takes  effect, and 
(c) be published  in such manner  as the deposit  management  organisation  considers  appropriate 
for the purposes  of bringing  it to the attention  of scheme  collectors  and consumers. 
(6) The date specified  for the purposes  of paragraph  (3)(b) or (5)(b) must  not be before  the 
end of the period  of three  months  beginning  with the date on which  the direction  or notice  is 
published. 
(7) Before  giving  a direction  under  paragraph  (1) or revoking  such a direction,  the deposit 
management  organisation  must— 
(a) consult— 
(i) the Environment  Agency , 
(ii) DAERA, 
25 (iii) scheme  collectors,  and 
(iv) such other  persons  (if any) as the deposit  management  organisation  considers 
appropriate,  and 
(b) have  regard  to the views  expressed  in responses  to the consultation. 
Determination  of overseas  refund  amount 
32. —(1) The deposit  management  organisation  must,  for each specified  overseas  scheme, 
determine  the amount  which  is to be paid by scheme  collectors  in respect  of overseas  scheme 
items  which  are the subject  of that scheme. 
(2) Such  an amount  is referred  to in these  Regulations  as an “overseas  refund  amount”. 
(3) The deposit  management  organisation  may revise  the overseas  refund  amount  for the overseas 
scheme  items  which  are the subject  of a particular  specified  overseas  scheme,  but may not do so 
more  than once  in any 12 month  period. 
(4) Before  making  a determination  under  paragraph  (1), or revising  an overseas  refund  amount, 
the deposit  management  organisation  must— 
(a) consult— 
(i) such persons  as appear  to the deposit  management  organisation  to represent  those 
likely  to be affected  by the determination  or revision,  and 
(ii) such other  persons  (if any) as the deposit  management  organisation  considers 
appropriate,  and 
(b) have  regard  to the views  expressed  in responses  to the consultation. 
(5) The deposit  management  organisation  must  publish,  in such manner  as it considers 
appropriate,  a notice  of any determination  or revision  made  under  this regulation . 
(6) A notice  under  paragraph  (5) must  specify— 
(a) the overseas  refund  amount  or revised  overseas  refund  amount,  and 
(b) the date of the initial  determination  or, if the notice  relates  to the revision  of an overseas 
amount,  the date on which  the revision  takes  effect. 
(7) The date specified  for the purposes  of paragraph  (6)(b) may not be before  the end of the 
period  of three  months  beginning  with the date on which  the relevant  notice  is published. 
The amount  of the additional  scheme  refund:  supplementary  provisions 
33. —(1) The deposit  management  organisation  may determine  that the overseas  refund  amount— 
(a) is to be the same  for all overseas  scheme  items  subject  to a particular  specified  overseas 
scheme,  or 
(b) is to be different  for different  overseas  scheme  items  subject  to that scheme. 
(2) The deposit  management  organisation  may, when  determining  or revising  an overseas  refund 
amount  for an overseas  scheme  item,  have  regard  to the deposit  payable  in connection  with that 
item under  the specified  overseas  scheme  concerned. 
(3) For the purposes  of paragraph  (1)(b), the deposit  management  organisation  may, in particular , 
determine  an overseas  refund  amount  by reference  to any or all of the following— 
(a) the size of the container; 
(b) the in-scope  material  from  which  the container  is wholly  or mainly  made; 
(c) the nature  of the specified  overseas  scheme  of which  it is the subject. 
26 (4) But an overseas  refund  amount  for an overseas  scheme  item may not in any case exceed 
the refund  for a comparable  refund  item. 
(5) For the purposes  of paragraph  (4), a refund  item is “comparable”  to an overseas  scheme 
item if— 
(a) it is of the same  size, 
(b) it is made  wholly  or mainly  from  the same  in-scope  material,  and 
(c) where  the overseas  scheme  item is from  a drink  that was sold in a multipack,  the refund 
item is from  a deposit  item that was supplied  in a multipack. 
Chapter  2 
Mandatory  return  points 
Interpr etation 
34. In this Chapter— 
“MRP  premises” , in relation  to a groceries  retailer , means  a premises  at, on or from  which 
the retailer  sells groceries  to consumers  other  than— 
(a) a vehicle,  vessel,  train,  aircraft  or hovercraft, 
(b) a premises  at, on or from  which  the retailer  only sells deposit  items  and other 
groceries  to scheme  consumers  by means  of a vending  machine,  or 
(c) an on-sale  premises. 
Requir ement  for groceries  retailers  to operate  a return  point  at or on MRP  premises 
35. —(1) A groceries  retailer  who supplies  deposit  items  to consumers  at, on or from  an MRP 
premises  must  operate  a return  point  in respect  of those  premises. 
(2) The return  point  must  be operated— 
(a) at or on the MRP  premises,  or 
(b) at or on any premises  adjacent  to the MRP  premises  which  are provided  by, or on behalf 
of, the groceries  retailer  for use as parking  by the retailer ’s customers 
(3) But paragraph  (1) does not apply  if an exemption  has effect in respect  of the RP premises 
(a “return  point  exemption”). 
(4) A groceries  retailer  who is required  to operate  a return  point  under  paragraph  (1) must 
register  with the deposit  management  organisation  and a groceries  retailer  so registered  is referred 
to in these  Regulations  as a “mandatory  return  point  operator”. 
(5) Schedule  2 contains  further  provision  about  registration  as a mandatory  return  point  operator . 
(6) Schedule  3 contains  further  provision  about  grant  etc. of return  point  exemptions. 
Exemption  for small  groceries  retailers  in urban  areas 
36. —(1) A groceries  retailer  which  has a retail  space  of less than 100m2 and which  is situated 
in an urban  area is exempt  from  the requirement  to operate  a return  point. 
(2) Groceries  retailers  which  are exempt  under  paragraph  (1) may apply  to operate  a return 
point  under  regulation  39 (voluntary  operation  of return  points). 
27 Requir ement  for groceries  retailers  to provide  information  at or on retail premises  without 
a return  point 
37. —(1) A groceries  retailer  must  display  the information  specified  in paragraph  (2) clearly 
and accessibly  at any premises  at, on or from  which  the retailer  supplies  deposit  items  to scheme 
consumers  and which— 
(a) are neither  MRP  premises  nor premises  in respect  of which  the retailer  is authorised  to 
operate  a return  point  in accordance  with regulation  39, or 
(b) are premises  in respect  of which  a return  point  exemption  is, for the time being,  granted. 
(2) The information  mentioned  in paragraph  (1) is— 
(a) a statement  that the retailer  is not required  to operate  a return  point  in respect  of those 
premises,  and the reason  why that is the case, 
(b) if a return  point  exemption  has been  granted  to the retailer  in respect  of those  premises, 
a statement  as to how information  about  that exemption  can be obtained,  and 
(c) if the premises  are not a vehicle,  vessel,  train,  aircraft  or hovercraft,  the location  of the 
return  point  nearest  to those  premises. 
Chapter  3 
Voluntary  return  points 
Interpr etation  of Chapter  3 
38. In this Chapter  “in-scope  premises”  means  any premises  which  are not— 
(a) MRP  premises  within  the meaning  given  for the purposes  of Chapter  2 of this Part, or 
(b) premises  at or on which  the deposit  management  organisation  operates  a return  point 
(see regulation  40). 
Voluntary  operation  of return  points 
39. —(1) A scheme  supplier  may operate  a return  point  at any in-scope  premises  in respect  of 
which  they are authorised  to operate  that return  point  by the deposit  management  organisation. 
(2) A person  who is not a scheme  supplier  may operate  a return  point  at any in-scope  premises 
in respect  of which  they are— 
(a) appointed  as a collection  administrator  by the deposit  management  organisation,  and 
(b) authorised  by the deposit  management  organisation  to operate  a return  point. 
(3) A groceries  retailer  which  is exempt  from  the requirement  to operate  a return  point  under 
regulation  36 may operate  a return  point  at the premises  concerned  if they are authorised  to do 
so by the deposit  management  organisation. 
(4) Schedule  4 contains  further  provision  about— 
(a) the appointment  of persons  as collection  administrators, 
(b) authorisations  to operate  return  points  at or on in-scope  premises. 
Operation  of return  points  by the deposit  management  organisation 
40. The deposit  management  organisation  may operate  a return  point  at any premises  other 
than— 
(a) any premises  in respect  of which  a person  is required  or authorised  to operate  a return 
point,  or 
28 (b) any premises  in respect  of which  a return  point  exemption  is in effect. 
Chapter  4 
Information  to be provided  at return  points 
Information  to be provided  at a return  point 
41. A return  point  operator  must  display  the following  information,  clearly  and accessibly , at 
the return  point— 
(a) a statement  that the return  point  operator  may refuse  to accept  a returnable  item if the 
return  point  operator  has a reasonable  excuse  for doing  so, and in those  cases  a return 
amount  will not be paid, 
(b) a summary  of the procedure  put in place  by the deposit  management  organisation  for 
the making  of any complaint  about  the operation  of the return  point,  and 
(c) contact  details  for the deposit  management  organisation. 
Chapter  5 
Take-back  services  and DMO  collections 
Provision  of take-back  services 
42. —(1) A person  may provide  a take-back  service  if— 
(a) they are a scheme  retailer , and 
(b) they are registered  with the deposit  management  organisation  to provide  that service. 
(2) Schedule  4 contains  further  provision  about  registration  to provide  a take-back  service  and 
related  matters. 
Information  about  take-back  services 
43. —(1) A take-back  service  provider  must  provide  or display  the take-back  service  information, 
or provide  that information  for display , in accordance  with this regulation . 
(2) Where  a take-back  service  provider  offers to supply  deposit  items  orally  (for example,  by 
telephone)  to a scheme  consumer , the take-back  service  provider  must— 
(a) give the take-back  service  information  orally  to the scheme  consumer  when  they provide 
the Scheme  information  to that consumer , and 
(b) if requested  to do so, provide  the take-back  service  information  in writing  to that person. 
(3) A take-back  service  provider  who displays  or offers deposit  items  for supply  at or on any 
premises  must— 
(a) display  the take-back  service  information  on those  premises  so that it is available  to 
people  choosing  deposit  items,  and so as to comply  with paragraph  (7), and provide  the 
Scheme  information,  and 
(b) if requested  to do so, provide  the take-back  service  information  in writing  to a scheme 
consumer  who purchases  any deposit  items. 
(4) A take-back  service  provider  who offers deposit  items  for supply  through  any means  of 
distance  communication  must— 
(a) ensure  that the take-back  service  information  is displayed  so as to comply  with paragraph 
(7) as part of the description  of the deposit  items  on or in the relevant  means  of distance 
communication,  or 
29 (b) if they are not responsible  for the means  of distance  communication,  provide  the take-back 
service  information  to the person  who is responsible  for the relevant  means  of distance 
communication,  for display  as part of the description  of the deposit  items  on or in the 
relevant  means  of distance  communication 
(5) An operator  provided  with information  under  paragraph  (4)(b) must  be asked  to display 
that information  as part of the description  of any deposit  item supplied  by the take-back  service 
provider  through  the relevant  means  of distance  communication  so as to comply  with paragraph 
(7). 
(6) The take-back  service  information  is— 
(a) a statement  as to how the consumer  may accept  the offer of the take-back  service, 
(b) a statement  that the take-back  service  provider  may refuse  to accept  returnable  items  if 
they have  a reasonable  excuse  for doing  so, and in that case no return  amount  will be 
paid, 
(c) a statement  as to any steps  that the consumer  must  take to enable  any returnable  items 
to be collected  by the take-back  service  provider  (including,  for example,  if the consumer 
must  book  a collection  slot and how such a slot may be booked  and the means  to be 
used to identify  any returnable  items  provided  by the scheme  consumer), 
(d) if any return  amount  is to be paid otherwise  than when  the refund  items  are collected 
from  the consumer , a statement  as to how and when  the return  amounts  will be paid to 
the consumer , 
(e) a summary  of the procedure  put in place  by the deposit  management  organisation  for 
the making  of any complaint  about  the operation  of the take-back  service,  and 
(f) contact  details  for the deposit  management  organisation. 
(7) A display  of information  complies  with this paragraph  if it is— 
(a) easily  visible, 
(b) clearly  legible,  and 
(c) not hidden  or obscured  in any way. 
Collection  or acceptance  of returnable  items  by the deposit  management  organisation 
44. —(1) The deposit  management  organisation  may collect  or otherwise  accept  returnable  items 
from  any person  (irrespective  of the requirements  imposed  on the deposit  management  organisation 
under  regulation  67). 
(2) The deposit  management  organisation  must  pay a refund  for each returnable  item that it 
accepts. 
(3) The deposit  management  organisation  may make  such arrangements  as it considers  appropriate 
for the purposes  of paragraph  (1), which  may include  provision  about  the means  or manner  in 
which  any refund  is to be paid by the deposit  management  organisation. 
Chapter  6 
The register  of return  points,  the register  of return  point  exemptions  and the register  of take-back 
service  providers 
Register  of return  point  operators  and DMO  return  points 
45. —(1) The deposit  management  organisation  must  keep  and maintain  a register  of— 
(a) return  point  operators,  and 
(b) DMO  return  points. 
30 (2) An entry  for a return  point  operator  must  identify— 
(a) the name  of the return  point  operator , and 
(b) each of the premises  in respect  of which  that return  point  operator  is required  or 
authorised  to operate  a return  point. 
(3) The entry  for a DMO  return  point  must— 
(a) identify  the premises  concerned,  and 
(b) specify  that it is operated  by the deposit  management  organisation. 
(4) The deposit  management  organisation  must  update  the register  as soon  as reasonably 
practicable  after— 
(a) a person  registers  with it as a mandatory  return  point  operator  in accordance  with 
Schedule  2; 
(b) a person  is authorised  to operate  a return  point  at or on any premises  in accordance  with 
paragraph  5 of Schedule  4. 
(5) Where  a person’ s authorisation  as a return  point  operator  is revoked  in accordance  with 
Schedule  4, the deposit  management  organisation  must  remove  the entry  for that person  in the 
register— 
(a) at the end of the authorisation  revocation  date,  or 
(b) if it is not practicable  to amend  the register  at that time,  as soon  as is reasonably 
practicable  after that time. 
(6) Where  a person  is no longer  required  to operate  a return  point  at a premises  in accordance 
with regulation  35(1) or a person’ s authorisation  to operate  a return  point  at or on a particular 
premises  is revoked  in accordance  with Schedule  4, the deposit  management  organisation  must— 
(a) update  the entry  for that person  in the register  so as to remove  the relevant  premises 
from  that entry , or 
(b) if that is the only premises  in respect  of which,  or at or on which,  the person  was 
required  to or authorised  to operate  a return  point,  remove  the entry  for that person  from 
the register . 
(7) Any amendment  required  to be made  under  paragraph  (6) must  be made— 
(a) at the end of the relevant  revocation  date,  or 
(b) if it is not practicable  to amend  the register  at that time,  as soon  as is reasonably 
practicable  after that time. 
(8) The register  must  be available  for public  inspection  at all reasonable  times,  free of charge 
to members  of the public. 
(9) In this regulation — 
“authorisation  revocation  date”  means  the date on which  the revocation  of a person’ s 
appointment  as a collection  administrator  takes  effect; 
“DMO  return  point”  means  a return  point  operated  by the deposit  management  organisation; 
“relevant  revocation  date”  means— 
(a) the date on which  a person  ceases  to be required  to operate  a return  point  in 
accordance  with regulation  35(1) in respect  of a particular  premises,  or 
(b) the date on which  the revocation  of person’ s authorisation  to operate  a return 
point  at or on a particular  premises  takes  effect. 
31 The register  of return  point  exemptions 
46. —(1) The deposit  management  organisation  must  keep  and maintain  a register  of return 
point  exemptions. 
(2) An entry  for a return  point  exemption  must— 
(a) specify  the scheme  retailer  to whom  the exemption  has been  granted,  and 
(b) the premises  in respect  of which  the exemption  is granted. 
(3) The deposit  management  organisation  must  update  the register  as soon  as reasonably 
practicable  after the day on which  a return  point  exemption  is granted  to a scheme  retailer . 
(4) The deposit  management  organisation  must  remove  the entry  for a return  point  exemption 
which  expires  in accordance  with paragraph  6(1)(a) of Schedule  3 as soon as reasonably  practicable 
after it expires. 
(5) Where  a return  point  exemption  is revoked  under  paragraph  8 or 9 of Schedule  3, the deposit 
management  organisation  must  remove  the entry  for the return  point  exemption  from  the register— 
(a) at the end of the day on which  the revocation  takes  effect, or 
(b) if it is not practicable  to amend  the register  at that time,  as soon as reasonably  practicable 
after that time. 
(6) The register  must  be available  for public  inspection  at all reasonable  times,  free of charge 
to members  of the public. 
The register  of take-back  service  providers 
47. —(1) The deposit  management  organisation  must  keep  and maintain  a register  of take-back 
service  providers. 
(2) The deposit  management  organisation  must  update  the register  as soon  as reasonably 
practicable  after the day on which  a scheme  retailer  is registered  as a take-back  service  provider . 
(3) Where  a scheme  retailer ’s registration  as a take-back  service  provider  is revoked  under 
paragraph  12 or 13 of Schedule  4, the deposit  management  organisation  must  remove  an entry 
for the take-back  service  provider  from  the register— 
(a) at the end of the day on which  the revocation  takes  effect, or 
(b) if it is not practicable  to amend  the register  at that time,  as soon as reasonably  practicable 
after that time. 
(4) The deposit  management  organisation  must— 
(a) make  the public  register  available  for public  inspection  at all reasonable  times,  free of 
charge; and 
(b) permit  members  of the public  to obtain  copies  of entries  on its public  register  on payment 
of a reasonable  charge. 
Chapter  7 
General  obligations  of scheme  collectors 
Form  of return  amount 
48. —(1) Subject  to paragraph  (2), a scheme  collector  may pay the total return  amount  for the 
returnable  items  that it accepts  from  any person  using  one or more  of the following  means— 
(a) money 
(b) a payment  to a debit  or credit  card; 
32 (c) a refund  voucher . 
(2) If the scheme  collector  is a scheme  retailer  (other  than a cashless  retailer),  the scheme 
collector  must— 
(a) offer to pay the total return  amount  in the form  of money  or a refund  voucher  to the 
person  returning  the returnable  items  to them  (the “returner”)  and 
(b) if the returner  accepts  the offer, pay the total return  amount  in the form  of money  or a 
refund  voucher  as requested  by the returner . 
(3) A refund  voucher— 
(a) may be provided  in either  a physical  or electronic  format,  but 
(b) must  be provided  in physical  format,  if requested  by the returner . 
(4) For the purposes  of this regulation — 
(a) “refund  voucher”  means  a voucher , token  or similar  item which  is capable  of being 
exchanged  immediately  for a sum of money  or a payment  to a debit  or credit  card,  equal 
to the relevant  total return  amount,  and 
(b) it does not matter  whether  a refund  voucher  is capable  of being  exchanged  (whether 
with the scheme  collector  or with another  person)— 
(i) for goods  or services,  or 
(ii) singly  or together  with any other  refund  vouchers  or other  vouchers  or similar 
items; 
(c) the total return  amount  payable  to a returner  is the aggregate  of each return  amount 
payable  for a returnable  item presented  by the returner  and accepted  by the scheme 
collector . 
Requir ement  for return  point  operators  to retain  returnable  items 
49. A return  point  operator  (other  than the deposit  management  organisation)  must  retain  the 
returnable  items  that it accepts  at the return  point  for collection  by, or on behalf  of, the deposit 
management  organisation. 
Requir ement  for take-back  service  providers  to retain  returnable  items 
50. A take-back  service  provider  must  either— 
(a) retain  the returnable  items  that it accepts  through  the take-back  service  for collection 
by, or on behalf  of the deposit  management  organisation,  or 
(b) return  the returnable  items  that it accepts  through  the take-back  service  to the deposit 
management  organisation  or a person  acting  on behalf  of the deposit  management 
organisation. 
33 PART 7 
The scheme  administrator:  the deposit  management  organisation 
Chapter  1 
Appointment  and governance 
The deposit  management  organisation 
51. —(1) The Secretary  of State  may, with the consent  of DAERA,  appoint  one person  as the 
scheme  administrator  of the Scheme  (referred  to in these  Regulations  as “the deposit  management 
organisation”). 
(2) Parts  2 and 4 of Schedule  5 contain  provision  about  the appointment  of the deposit 
management  organisation  and related  matters. 
Conditions 
52. —(1) A person’ s appointment  as the deposit  management  organisation  may be subject  to 
such conditions  (if any) as the Secretary  of State  considers  appropriate  (see Schedule  5). 
(2) The Secretary  of State  may by notice  in writing  vary or revoke  any condition  which  the 
deposit  management  organisation  is subject. 
(3) The deposit  management  organisation  must  comply  with any conditions  imposed  by the 
Secretary  of State  under  this regulation  and Schedule  5. 
Operational  plan 
53. —(1) The deposit  management  organisation  must  act in accordance  with its operational  plan 
or any revision  of it approved  under  this regulation. 
(2) The deposit  management  organisation— 
(a) must  consider  how its operational  plan would  adapt  to and manage  any expansion  of 
the types  of in-scope  material; 
(b) may review  its operational  plan at any time,  and 
(c) must  do so— 
(i) by the end of the period  of 12 months  beginning  with 1st October  2027,  and 
(ii) subsequently  at intervals  not exceeding  12 months. 
(3) The deposit  management  organisation  may revise  its operational  plan following  a review 
under  paragraph  (2) and must  submit  any revision  of it to— 
(a) the Secretary  of State, 
(b) the Environment  Agency , and 
(c) DAERA. 
(4) The appropriate  authority  may approve  any revision  of the operational  plan,  with or without 
modifications. 
(5) In this regulation  “the appropriate  authority”  means— 
(a) the Environment  Agency  or DAERA,  or 
(b) where  a call-in  notice  has effect in respect  of the proposed  revision,  the Secretary  of 
State. 
34 (6) A call-in  notice  has effect where  a notice  in writing  is given  by the Secretary  of State  to 
the Environment  Agency  or DAERA  that a revision  of the operational  plan is to be approved  by 
the Secretary  of State  instead  of by the Environment  Agency  or DAERA,  as the case may be. 
(7) A call-in  notice  may relate  to— 
(a) a particular  revision,  or 
(b) such descriptions  of revision  as may be specified  in the notice. 
(8) Before  approving  any revision  to the operational  plan,  the appropriate  authority  must 
consult— 
(a) the appropriate  bodies,  and 
(b) the deposit  management  organisation. 
(9) For the purposes  of paragraph  (8)(a), the appropriate  bodies  are— 
(a) if the Environment  Agency  is the appropriate  authority , DAERA; 
(b) if DAERA  is the appropriate  authority , the Environment  Agency; 
(c) if the Secretary  of State  is the appropriate  authority , the Environment  Agency  and 
DAERA. 
(10) An approval  for the purposes  of paragraph  (4) must  be given  in writing. 
(11) The deposit  management  organisation  must  send a copy  of any revision  to its operational 
plan approved  under  paragraph  (4) to— 
(a) the Secretary  of State, 
(b) the Environment  Agency , and 
(c) DAERA. 
Annual  and other  reports 
54. —(1) The deposit  management  organisation  must  submit  an annual  report  to the Secretary 
of State  and the national  enforcement  authorities  for each Scheme  year. 
(2) The annual  report  must  set out how, and the extent  to which,  the deposit  management 
organisation  has in the relevant  scheme  year acted  in accordance  with its operational  plan. 
(3) The annual  report  must  be submitted  to the Secretary  of State  and the national  enforcement 
authorities  as soon  as is reasonably  practicable,  and in any event  within  a period  of 6 weeks, 
beginning  with the close  of the scheme  year to which  it relates. 
Reserve  fund 
55. —(1) The deposit  management  organisation  must— 
(a) establish  a reserve  fund within  5 years  of the date of the appointment  of the deposit 
management  organisation,  and 
(b) maintain  the reserve  fund in such amount  as is necessary  to fund the payments  set out 
in paragraph  (2), or 
(c) maintain  the reserve  fund in such amount  as the Secretary  of State  may direct. 
(2) In this regulation  “reserve  fund”  means  a fund out of which,  in the event  of the deposit 
management  organisation’ s appointment  being  revoked,  payments  may be made  by the interim 
scheme  administrator  in respect  of— 
(a) expenditure  incurred  by the deposit  management  organisation  in the exercise  of its 
functions  under  or in connection  with the Scheme  before  its appointment  was revoked, 
and 
35 (b) expenditure  incurred  by the interim  scheme  administrator  in the dischar ge of its functions 
under  or in connection  with the Scheme  before  the appointment  of another  person  as 
the deposit  management  organisation  (see further  Chapter  7 of this Part). 
Chapter  2 
Scheme  logo,  Scheme  packaging  logo and Scheme  return  code 
Scheme  logo and Scheme  packaging  logo 
56. —(1) The deposit  management  organisation— 
(a) must  issue  to registered  scheme  producers  a single  logo designed  to be carried  on each 
deposit  item to identify  it as a deposit  item (the “scheme  logo”); 
(b) may issue  to registered  scheme  producers  a single  logo designed  to be carried  on each 
container  pack  to identify  the container  pack  as packaging  which  contains  one or more 
deposit  items  (the “scheme  packaging  logo”). 
(2) A scheme  logo or scheme  packaging  logo may from  time to time be withdrawn  or replaced 
by the deposit  management  organisation. 
(3) Before  deciding  to issue,  withdraw  or replace  a scheme  logo or scheme  packaging  logo, 
the deposit  management  organisation  must  have  regard  to the likely  impact  of the decision  on 
scheme  producers. 
(4) Where  the deposit  management  organisation  issues  or replaces  any scheme  logo or scheme 
packaging  logo,  the deposit  management  organisation  must  specify  the date from  which  that logo 
is to be used by scheme  producers  and scheme  suppliers. 
(5) The date specified  for the purposes  of paragraph  (4) must  be a date which  the deposit 
management  organisation  is satisfied  gives  scheme  producers  and scheme  suppliers  sufficient 
notice  of the change  before  it takes  effect. 
Publication  of Scheme  logo and Scheme  packaging  logo 
57. The deposit  management  organisation  must  publish— 
(a) the Scheme  logo,  and 
(b) the Scheme  packaging  logo (if any), 
in such manner  as the deposit  management  organisation  considers  appropriate  to bring  them  to 
the attention  of scheme  suppliers  and consumers. 
Scheme  return  code 
58. —(1) In these  Regulations  “scheme  return  code”,  in relation  to a deposit  item,  means  a 
code  which— 
(a) when  scanned  electronically , enables  the scheme  producer  of the item to be identified, 
and 
(b) meets  any code  requirements. 
(2) For the purposes  of paragraph  (1), “code  requirements”,  in relation  to a code,  means  any 
additional  requirements  specified  for the time being  by the deposit  management  organisation. 
(3) The requirements  which  the deposit  management  organisation  may specify  under  paragraph 
(2) include— 
(a) requirements  as to the technological  or security  standards  that a code  must  meet  to be 
used as a Scheme  return  code,  or 
36 (b) requirements  as to the information  to be retrieved  when  the code is scanned  electronically . 
(4) The deposit  management  organisation  may— 
(a) specify  the same  requirements  for the code  to be used on all deposit  items,  or 
(b) specify  different  requirements  for the codes  to be used on different  deposit  items. 
(5) In determining  whether , and if appropriate,  what  requirements  to specify  under  paragraph 
(2), the deposit  management  organisation  must  take into account  the likely  impact  of those 
requirements  on scheme  producers. 
(6) Before  making  changes  to the requirements  specified  for any deposit  item,  the deposit 
management  organisation  must  take into account  the likely  impact  of those  changes  on scheme 
producers. 
(7) Where  the deposit  management  organisation  changes  the requirements  specified  for any 
deposit  item,  the deposit  management  organisation  must  specify  the date from  which  the logo is 
to be used. 
(8) The date specified  for the purposes  of paragraph  (7) must  be a date which  the deposit 
management  is satisfied  gives  scheme  producers  sufficient  notice  of the change  before  it takes 
effect. 
(9) The deposit  management  organisation  must  take such steps  as it considers  appropriate  to 
ensure  that scheme  producers  are aware  of the code  requirements  (if any) and any changes  to 
them. 
Agreement  on a common  Scheme  logo,  Scheme  packaging  logo,  and Scheme  return  code 
59. —(1) The deposit  management  organisation  must  use its best endeavours  to reach  agreement 
with any other  scheme  administrator  or Scottish  deposit  administrator  on a common  single  scheme 
logo,  scheme  packaging  logo,  and on return  code  requirements. 
(2) Before  issuing  a scheme  logo or scheme  packaging  logo under  regulation  56 or a scheme 
return  code  under  regulation  58, the deposit  management  organisation  must— 
(a) consult— 
(i) such persons  as appear  to the deposit  management  organisation  to represent  those 
likely  to be affected  by the deposit  management  organisation  issuing  such scheme 
logo,  scheme  packaging  logo or scheme  return  code; 
(ii) the scheme  administrator  of any other  deposit  scheme  and the Scottish  deposit 
administrator  of any Scottish  deposit  and return  scheme,  and 
(iii) such other  persons  (if any) as the deposit  management  organisation  considers 
appropriate,  and 
(b) have  regard  to the views  expressed  in responses  to the consultation. 
Chapter  3 
The deposit 
Requir ement  to determine  the amount  of the deposit 
60. —(1) The deposit  management  organisation  must  determine  the amount  of the deposit 
(“deposit  level”)  in respect  of deposit  items. 
(2) In making  a determination  under  paragraph  (1), the deposit  management  organisation  must— 
(a) use its best endeavours  to reach  agreement  with any other  scheme  administrator  or 
Scottish  deposit  administrator  on setting  the same  deposit  level  for deposit  schemes 
across  the United  Kingdom;  and 
37 (b) have  regard  to any determinations  on deposit  levels  made  by other  such administrators 
when  determining  the deposit  management  organisation’ s own deposit  levels. 
(3) The deposit  management  organisation  must  publish,  in such manner  as it considers 
appropriate,  the deposit  level  in respect  of deposit  items. 
(4) The deposit  management  organisation  must,  on requested  from  the Secretary  of State  or 
DAERA,  inform  them  of the methodology , data and evidence  relied  upon  to calculate  and determine 
the deposit  level. 
Revision  of amount  of the deposit 
61. —(1) The deposit  management  organisation  may revise  the amount  of the deposit  level  in 
respect  of any deposit  items. 
(2) The deposit  management  organisation  must  publish  a notice,  in such manner  as it considers 
appropriate,  which  specifies— 
(a) the revised  amount  of the deposit  level  in respect  of relevant  deposit  items,  and 
(b) the date on which  the revised  amount  of the deposit  level  takes  effect. 
(3) The date specified  for the purposes  of paragraph  (2)(b) may not be before  the end of the 
period  of three  months  beginning  with the date on which  the relevant  notice  is published. 
The amount  of the deposit:  supplementary  provision 
62. —(1) The amount  of the deposit  may be— 
(a) the same  in respect  of all deposit  items,  or 
(b) different  in respect  of different  deposit  items. 
(2) For the purposes  of paragraph  (1)(b), the deposit  management  organisation  may determine 
the amount  of the deposit  items  by reference  to, for example— 
(a) the size of the containers; 
(b) the in-scope  material  from  which  the containers  are wholly  or mainly  made; 
(c) whether  the deposit  items  are supplied  to scheme  consumers  as single  items  or in 
multipacks. 
(3) The deposit  management  organisation,  when  determining  the amount  of the deposit  level 
for any deposit  item,  must  have  regard  to— 
(a) the purposes  of the Scheme, 
(b) the collection  targets, 
(c) the likely  impact  of the amount  of the deposit  on the ability  of scheme  consumers  to 
purchase  deposit  items, 
(d) the likely  impact  of the amount  of the deposit  on the use of containers  by scheme 
producers  (including  the in-scope  material  used to make  those  containers,  the size of 
the containers  and the use of multipacks), 
(e) the likely  impact  on the purchase  of deposit  items  by scheme  consumers  (including  the 
in-scope  material  used to make  those  containers,  the size of the containers  purchased 
and purchase  of multipacks  or single  items),  and 
(f) the likely  impact  on scheme  consumers,  the purposes  of the Scheme  and the collection 
targets, if the amount  of the deposit  for the deposit  item is different  to any comparable 
amount  payable  for a comparable  container  under  any other  deposit  scheme  or any 
Scottish  deposit  and return  scheme  (if any); 
38 (g) the likely  impact  of a proposed  deposit  level  on the operation  of other  deposit  schemes 
in the United  Kingdom. 
(4) Before  making  a determination  under  regulation  60 or 61, the deposit  management 
organisation  must— 
(a) consult— 
(i) such persons  as appear  to the deposit  management  organisation  to represent  those 
likely  to be affected  by the determination, 
(ii) the scheme  administrator  of any other  deposit  scheme  and the Scottish  deposit 
administrator  of any Scottish  deposit  and return  scheme,  and 
(iii) such other  persons  (if any) as the deposit  management  organisation  considers 
appropriate,  and 
(b) have  regard  to the views  expressed  in responses  to the consultation. 
(5) For the purposes  of this regulation,  “comparable  container”,  in relation  to a deposit  item, 
means  a container  which  can be returned  under  another  deposit  scheme  or a Scottish  deposit  and 
return  scheme  and is— 
(a) made  wholly  or mainly  from  the same  in-scope  material  as the container  from  the deposit 
item, 
(b) of the same  size as the container  from  the deposit  item,  and 
(c) is supplied  in a multipack,  if the deposit  item is supplied  in a multipack. 
Use of amounts  received  as deposits 
63. —(1) The deposit  management  organisation— 
(a) may retain  the amounts  paid to it under  regulation  22, and 
(b) must  use those  amounts  to meet  the cost of refunds  under  regulation  44(2). 
(2) If any amount  remains  after the costs  mentioned  in paragraph  (1)(b)  have  been  paid,  the 
deposit  management  organisation  must  use such of that amount  towards  any of the NEA  costs 
which  have  not otherwise  been  met. 
(3) If any amount  remains  after the payments  referred  to in paragraph  (2) have  been  made,  the 
deposit  management  organisation  may use that remaining  amount  for the purpose  of meeting  the 
costs  of exercising  any of the deposit  management  organisation’ s functions  under  or in connection 
with the Scheme 
Chapter  4 
Fees for registration 
Registration  fees for scheme  producers 
64. —(1) The deposit  management  organisation  may, for each scheme  year, charge any scheme 
producer  that is required  to be registered  with it under  regulation  10 during  all or part of that 
scheme  year, a fee. 
(2) The fee charged under  paragraph  (1) (the “registration  fee”)  may be used for the purposes 
of meeting  any or all of the following  costs— 
(a) the NEA  costs,  and 
(b) the costs  incurred  by the deposit  management  organisation  in exercising  its functions 
under  or in connection  with the Scheme. 
39 (3) The amount  of the registration  fee payable  by a scheme  producer  is the aggregate  of the 
following  amounts— 
(a) the producer  amount  for containers  made  wholly  or mainly  from  PET plastic  (if any), 
(b) the producer  amount  for containers  made  wholly  or mainly  from  steel (if any),  and 
(c) the producer  amount  for containers  made  wholly  or mainly  from  aluminium  (if any). 
(4) The producer  amount  for containers  made  wholly  or mainly  made  from  each type of in-scope 
material  must  be calculated  as follows  (and may be £0)— 
A×B
where— 
“A” is the fee for the relevant  scheme  year for a container  made  wholly  or mainly  from 
the particular  in-scope  material  (the “per container  fee”),  and 
“B” is the total number  of containers  made  wholly  or mainly  from  that in-scope  material 
which  the deposit  management  organisation  expects  the relevant  scheme  producer  to supply 
to scheme  consumers  in the relevant  scheme  year. 
(5) The per container  fee for a container  made  wholly  or mainly  from  a particular  in-scope 
material— 
(a) must  be the same  for all scheme  producers,  and 
(b) may be £0. 
(6) The deposit  management  organisation  must,  for the purposes  of determining  the registration 
fee, have regard  to the likely  value,  or if known  the actual  value,  of each type of in-scope  material 
which  the deposit  management  organisation  expects  to be recycled  from  all of the refund  items 
which  are collected  by, or returned,  to the deposit  management  organisation  in the relevant  year. 
(7) The per container  fee for one in-scope  material  may not subsidise  any of the relevant  costs 
from  any other  in-scope  material. 
(8) For the purposes  of paragraph  (7), “the relevant  costs”  for an in-scope  material  are the costs 
which  the deposit  management  organisation  expects  to incur  in the exercise  of its functions  under , 
or in connection  with,  the Scheme  in relation  to the collection,  processing  and recycling  of refund 
items  made  wholly  or mainly  from  that material. 
(9) Before  determining,  or re-determining,  the registration  fee, the deposit  management 
organisation  must  consult— 
(a) scheme  producers,  and 
(b) such other  persons  (if any) as the deposit  management  organisation  considers  appropriate, 
and have  regard  to the views  expressed  in responses  to consultation. 
(10) The deposit  management  organisation  must— 
(a) keep  the registration  fee under  review; 
(b) carry  out a full review  of the operation  of the registration  fee at least every  12 months; 
and 
(c) publish  the registration  fee in such manner  as it considers  appropriate  to bring  the 
registration  fee to the attention  of scheme  producers. 
(11) The deposit  management  organisation  may provide  for the registration  fee— 
(a) to be payable— 
(i) at specified  times  or intervals;  and 
(ii) by specified  means  or in a specified  manner; 
40 (b) to be reduced,  waived,  or refunded  (whether  in whole  or in part)  in specified 
circumstances. 
(12) The deposit  management  organisation  may provide  different  payment  arrangements  for 
different  cases  or different  circumstances. 
Use of registration  fees 
65. —(1) If the deposit  management  organisation  charges registration  fees only for the purposes 
of meeting  any or all of the NEA  costs,  it must  pay such amounts  of the registration  fees that it 
receives  to the appropriate  national  authority  for the purposes  of meeting  the relevant  NEA  costs. 
(2) If the deposit  management  organisation  charges registration  fees for the purposes  of meeting 
any or all of the NEA  costs  and any or all of its own costs,  the deposit  management  organisation— 
(a) must  pay such amount  of the registration  fees that it receives  as are necessary  to meet 
the relevant  NEA  costs,  and 
(b) if any amount  remains,  may use that amount  to meet  the costs  of carrying  out its 
functions  under  or in connection  with the Scheme. 
(3) If the deposit  management  organisation  charges registration  fees only for the purposes  of 
meeting  any or all of its own costs,  the deposit  management  organisation  must  use the registration 
fees that it receives  for the purposes  of meeting  those  costs. 
Chapter  5 
Collection  etc. of returnable  items 
Review  of operation  of return  points 
66. —(1) The deposit  management  organisation  must,  at such intervals  as it considers  appropriate, 
carry  out a review  of the operation  of all return  points  in the scheme  area. 
(2) In carrying  out a review  under  paragraph  (1), the deposit  management  organisation  must  in 
particular  consider— 
(a) the number  of existing  return  points; 
(b) the location  of the existing  return  points,  and in particular— 
(i) whether  return  points  are being  operated  both in England  and in Northern  Ireland, 
and 
(ii) whether  scheme  consumers  have  reasonable  access  to at least one return  point; 
(c) the numbers  of returnable  items  that are returned  through  the existing  return  points; 
(d) the costs  involved  in the operation  of the existing  return  points; 
(e) the likely  impact  on the numbers  of returnable  items  returned  through  return  points  if 
the number  of return  points  were  to be increased  or decreased  or the location  of return 
points  changed  without  increasing  or decreasing  the number  of those  points; 
(f) the likely  impact  on the costs  incurred  in the operation  of, or income  derived  from,  the 
Scheme  if the number  of return  points  were  to be increased  or decreased  or the location 
of return  points  changed  without  increasing  or decreasing  the number  of return  points; 
(g) litter  levels  of containers; 
(h) footfall  in the area under  review; 
(i) the need  to provide  sufficient  access  to return  points  for persons  living  in villages  and 
rural  areas. 
41 (3) Where  the deposit  management  organisation  considers  that the number  of return  points 
could  be decreased  without  either— 
(a) reducing  the number  of returnable  items  that are returned  through  the Scheme,  or 
(b) reducing  or removing  reasonable  access  to return  points  in any part of the scheme  area 
the deposit  management  organisation  may take any of the steps  specified  in paragraph  (4). 
(4) The steps  mentioned  in paragraph  (3) are— 
(a) the deposit  management  organisation  may propose  to any scheme  retailer  registered  as 
a mandatory  return  point  operator  that they apply  to the deposit  management  organisation 
for a return  point  exemption  in respect  of those  premises  specified  by the deposit 
management  organisation; 
(b) the deposit  management  organisation  may propose  to any person  who is authorised  to 
operate  a voluntary  return  point  at or on any premises  that they request  the cancellation 
of their authorisation  to operate  that return  point; 
(c) the deposit  management  organisation  may cease  to operate  any return  point  that it 
operates. 
(5) Where  the deposit  management  organisation  considers  that an increase  in the number  of 
return  points  is needed  to either— 
(a) increase  the number  of returnable  items  that are returned  through  the Scheme,  or 
(b) improve  access  to return  points  for scheme  consumers  in any part of the scheme  area, 
the deposit  management  organisation  may take one or more  of the steps  specified  in paragraph 
(6). 
(6) The steps  mentioned  in paragraph  (5) are— 
(a) carry  out a review  of the current  return  point  exemptions  and decide  whether  to propose 
the revocation  of any of them; 
(b) set up and operate  one or more  additional  return  points  itself; 
(c) any other  step the deposit  management  organisation  considers  appropriate. 
(7) For the purposes  of any steps  taken  under  paragraphs  (3) to (6), the deposit  management 
organisation— 
(a) must  have  regard  to the likely  impact  on the costs  of operating  the Scheme; 
(b) may take different  steps  in relation  to different  parts  of the scheme  area. 
Collection  etc. of returnable  items  from scheme  collectors  and retailers  and connected 
payment 
67. —(1) The deposit  management  organisation  must— 
(a) collect  all of the returnable  items  accepted  by the return  point  operators  from  those 
operators; 
(b) collect  all of the refund  items  retained  by retailer  on-sale  premises  only, or mixed,  retail 
premises; 
(c) collect,  or accept  the return  of, all of the returnable  items  accepted  by take-back  service 
providers. 
(2) The deposit  management  organisation  must  pay each scheme  retailer  from  whom  it collects 
any refund  items  an amount  equal  to the total of the amount  of refunds  paid by the scheme  retailer 
in respect  of the collected  refund  items. 
42 (3) The deposit  management  organisation  must  pay each scheme  collector  from  whom  it collects, 
or accepts,  returnable  items— 
(a) the relevant  return  amount  for each returnable  item that it collects  or accepts  from  the 
scheme  collector , and 
(b) if the scheme  collector  is a return  point  operator , the handling  payment. 
(4) The deposit  management  organisation  may make  any payment  required  under  paragraph  (2) 
or (3)(a)— 
(a) at such intervals,  and 
(b) in such manner , 
as are determined  in accordance  with its operational  plan. 
The handling  payment 
68. —(1) The deposit  management  organisation  must  provide  for a payment  (a “handling 
payment”)  to be paid by the deposit  management  organisation  to each return  point  operator  (other 
than the deposit  management  organisation  itself). 
(2) The deposit  management  organisation  must  determine  the amount  of the handling  payment 
having  regard  to all relevant  factors  including— 
(a) the costs  of purchasing  or leasing  any machinery , equipment  or materials  required  for 
the collection  or storage  (or both)  of returnable  items; 
(b) the costs  of staff time dedicated  to the collection  or storage  (or both)  of returnable  items; 
(c) the rental  value  of the floor  space  or any other  part of any premises  used solely  for the 
collection  or storage  (or both)  of returnable  items. 
(3) The deposit  management  organisation  may determine  that the amount  of the handling 
payment  be different  in different  cases. 
(4) Before  determining  the amount  of the handling  payment  under  paragraph  (2), the deposit 
management  organisation  must  consult— 
(a) the Environment  Agency , 
(b) DAERA, 
(c) return  point  operators  or persons  representing  return  point  operators,  and 
(d) such other  persons  (if any) as the deposit  management  organisation  considers  appropriate, 
and 
must  have  regard  to the views  expressed  in responses  to the consultation. 
(5) A determination  of the amount  of the handling  payment  under  paragraph  (2) shall  have 
effect for a period  no longer  than three  years  from  the date of that determination. 
(6) The deposit  management  organisation— 
(a) may make  a further  determination  under  paragraph  (2) of the amount  of the handling 
payment  at any time,  and 
(b) must  make  a further  determination  under  paragraph  (2) to take effect at the end of the 
period  of three  years  from  the date of the previous  determination. 
43 Chapter  6 
Recycling  of in-scope  materials 
Recycling  of in-scope  material  from returned  refund  items 
69. —(1) The deposit  management  organisation  must  make  arrangements  for the recycling  of 
the in-scope  material  from  which  returned  items  are made. 
(2) The arrangements  made  for the purposes  of paragraph  (1) must  include  provision  conferring 
a right  of first refusal,  for each specified  period,  on registered  scheme  producers. 
(3) A right  of first refusal  is a right  to purchase  the appropriate  quantity  (if any) of each type 
of in-scope  material  that has been  recovered  from  returned  items  (a “recovered  material”)  during 
the relevant  specified  period  for such consideration  as represents  the market  value  of that in-scope 
material. 
(4) For the purposes  of paragraph  (3)— 
(a) the “appropriate  quantity”  of a recovered  material  is an amount  which  does not exceed 
the relevant  proportion  that recovered  material; 
(b) “market  value”  means  the price  at which  the in-scope  material  would  change  hands 
between  a willing  buyer  and a willing  seller , neither  being  under  any compulsion  to buy 
or sell and both having  reasonable  knowledge  of relevant  facts. 
(5) The relevant  proportion  of a recovered  material  is to be calculated  as follows— 
SPA/TPA
where— 
“SPA” is the number  of deposit  items  with containers  made  wholly  or mainly  from  the 
recovered  material  and supplied  by the registered  scheme  producer  during  the specified 
period; 
“TPA” is the total number  of deposit  items  with containers  made  wholly  or mainly  from 
the recovered  material  and supplied  by all registered  scheme  producers  during  the specified 
period. 
(6) In this regulation — 
“returned  items”  means  the refund  items  collected  or accepted  by the deposit  management 
organisation  under  or in accordance  with regulation  44 or 67; 
“specified”  means  specified  in arrangements  made  under  paragraph  (1). 
Recycling  of in-scope  material  from other  returned  items 
70. —(1) The deposit  management  organisation  must  make  arrangements  with the relevant 
administrator  for the recycling  of, or facilitating  the recycling  of, the in-scope  material  from  which 
relevant  returned  items  are made. 
(2) The arrangements  made  for the purposes  of paragraph  (1) may be solely  to return  the relevant 
returned  items  to the relevant  administrator . 
(3) In this regulation — 
“relevant  administrator”  means— 
(a) an overseas  scheme  administrator , 
(b) a Scottish  deposit  administrator , or 
44 (c) a Welsh scheme  administrator; 
“relevant  returned  item” — 
(a) in relation  to an overseas  scheme  administrator , means  an overseas  scheme  item 
that— 
(i) is subject  to the specified  overseas  scheme  in relation  to which  the 
administrator  exercises  functions,  and 
(ii) has been collected  or accepted  by the deposit  management  organisation  under 
or in accordance  with regulation  45 or 70; 
(b) in relation  to a Scottish  deposit  administrator , means  a Scottish  scheme  item 
that— 
(i) is subject  to the deposit  and return  scheme  in relation  to which  the Scottish 
deposit  administrator  exercises  functions,  and 
(ii) has been collected  or accepted  by the deposit  management  organisation  under 
or in accordance  with regulation  44 or 67. 
(c) in relation  to a Welsh scheme  administrator , means  a Welsh scheme  item that— 
(i) is subject  to the Welsh deposit  scheme  in relation  to which  the Welsh scheme 
administrator  exercises  functions,  and 
(ii) has been collected  or accepted  by the deposit  management  organisation  under 
or in accordance  with regulation  44 or 67. 
Amounts  received  in connection  with  arrangements  made  under  regulation  69 or 70 
71. —(1) The deposit  management  organisation  may retain  any amount  that it receives  in 
connection  with the arrangements  made  under  regulation  69 or 70. 
(2) The deposit  management  organisation— 
(a) must  use any amount  retained  under  paragraph  (1) to meet  any NEA  costs  that have 
not otherwise  been  met; 
(b) may, if any amount  remains,  use that amount  to meet  the costs  of carrying  out its 
functions  under  or in connection  with the Scheme. 
Chapter  7 
National  enforcement  authorities 
Amounts  to be paid  to the national  enfor cement  authorities 
72. The deposit  management  organisation  must  make  any payment  required  to be made  to a 
national  enforcement  authority  under  this Part by such means  or in such manner  and at such 
intervals  as are agreed  with the national  enforcement  authority . 
Information  about  returns  data 
73. —(1) The deposit  management  organisation  must— 
(a) supply  returns  data to its scheme  producers; 
(b) provide  each scheme  producer , in such manner  and at such intervals  as the deposit 
management  organisation  considers  appropriate,  with information  on how many  of each 
of the scheme  producer ’s deposit  items  were  returned  to the deposit  management 
organisation  and had deposits  refunded,  within  a specified  time period;  and 
(c) make  available  the returns  data to the national  enforcement  authorities. 
45 (2) In this regulation  “returns  data”  includes— 
(a) information  that enables  producers  to determine  the number  of containers  returned  or 
not returned  under  the Scheme,  including  the rate of returns  by product; 
(b) information  about  deposits  that are unredeemed; 
(c) information  relating  to the locations  of returns;  and 
(d) information  about  returns  received  by the deposit  management  organisation  from  other 
scheme  administrators. 
Co-operation 
74. —(1) The deposit  management  organisation  must  enter  into and maintain  arrangements  with 
each national  enforcement  authority  for securing  co-operation  and the exchange  of information 
for the carrying  out of any of the national  enforcement  authority’ s functions  other  than any 
relevant  enforcement  function. 
(2) The deposit  management  organisation  and the national  enforcement  authority  must— 
(a) review  the arrangements  from  time to time,  and 
(b) revise  them  when  they consider  it appropriate  to do so. 
(3) In this regulation  “relevant  enforcement  function”  means  a function  of a national  enforcement 
authority  under  Part 9 in respect  of any act or omission  by the deposit  management  organisation. 
Chapter  8 
Working  with other  scheme  administrators 
Co-operation  and joint  working 
75. —(1) The deposit  management  organisation  may— 
(a) where  it considers  it appropriate  to do so for the efficient  and effective  performance  of 
the Scheme  or any of its functions  under  the Scheme,  co-operate  or work  jointly  with 
a specified  administrator; 
(b) provide  advice  or assistance  to a specified  administrator  for the purposes  of or in 
connection  with the functions  of the specified  administrator  under  a deposit  scheme,  a 
Scottish  deposit  and return  scheme  or an overseas  scheme. 
(2) Such  arrangements  may, for example,  include— 
(a) arrangements  intended  to simplify  registration  procedures  for producers  and importers 
who supply  drinks  in the scheme  area and in other  parts  of the United  Kingdom; 
(b) arrangements  intended  to simplify  the process  of returning  returnable  items  for the final 
user or consumer; 
(c) arrangements  for the recycling,  or to facilitate  the recycling  of, any in-scope  material 
recovered  from— 
(i) refund  items  returned  through  a Welsh deposit  scheme  or a Scottish  deposit  and 
return  scheme; 
(ii) overseas  refund  items. 
(3) In this regulation  “specified  administrator”  means— 
(a) the scheme  administrator  of a Welsh deposit  scheme, 
(b) a Scottish  deposit  administrator , or 
46 (c) a person  having  functions  equivalent  to those  of a scheme  administrator  under  a scheme 
which  is— 
(i) established  outside  of the United  Kingdom,  and 
(ii) equivalent  to a deposit  scheme. 
Payments  to other  scheme  administrators 
76. —(1) The deposit  management  organisation  may make  payments  to a specified  administrator 
in connection  with the operation  of the Scheme  or a specified  scheme. 
(2) Such  payments  may, for example,  include  payments  equal  to the total of any refunds  paid 
by the specified  administrator  in respect  of refund  items  returned  through  the specified  scheme. 
(3) In this regulation— 
“specified  administrator”  means— 
(a) the scheme  administrator  of a Welsh deposit  scheme,  or 
(b) a Scottish  deposit  administrator; 
“specified  scheme”  means— 
(a) a Welsh deposit  scheme,  or 
(b) a Scottish  deposit  and return  scheme. 
Chapter  9 
Review  of decisions 
Internal  review  of decisions  made  by the deposit  management  organisation 
77. —(1) This regulation  applies  if— 
(a) the deposit  management  organisation  makes  a relevant  decision,  and 
(b) within  a period  of 28-days  beginning  with the date on which  the affected  person  receives 
notice  of the decision,  or such longer  period  as the deposit  management  organisation 
may agree,  the affected  person  applies  to the deposit  management  organisation  for 
reconsideration  of the decision. 
(2) The decisions  mentioned  in column  1 of the table  in this regulation  are “relevant  decisions”, 
and a person  is an “affected  person”  in relation  to such a decision  if they are mentioned  in the 
corresponding  entry  in column  2 of the table. 
(3) The deposit  management  organisation  must  carry  out a review  of the relevant  decision  in 
accordance  with regulation  78. 
(4) On conclusion  of the review  of a relevant  decision,  the deposit  management  organisation 
must— 
(a) confirm  the decision  (whether  on the same  or different  grounds), 
(b) make  such changes  to the decision  as the deposit  management  organisation  considers 
appropriate,  or 
(c) revoke  the decision. 
(5) The deposit  management  organisation  must  notify  the affected  person  of the decision  on 
the review  as soon  as reasonably  practicable  after the decision  is taken. 
47 Affected  person Decision 
the person  whose  registration  is 
cancelled Decision  to cancel  a person’ s registration  as a scheme 
producer 
the scheme  producer Decision  as to the amount  of a registration  fee payable 
by a scheme  producer 
the person  making  the application Decision  to refuse  a person’ s application  to register  a 
low volume  line 
the registered  scheme  producer  for that 
product Decision  to cancel  a product’ s registration  as a low 
volume  line 
the person  making  the application Decision  to refuse  an application  for a return  point 
exemption 
the person  making  the application Decision  to refuse  to renew  a return  point  exemption 
the scheme  retailer Decision  to cancel  a scheme  retailer ’s registration  as a 
mandatory  return  point  operator 
the person  making  the application Decision  to refuse  a person’ s application  for appointment 
as a collection  administrator 
the person  making  the application Decision  to refuse  a person’ s application  for 
authorisation  to operate  a return  point 
the person  whose  appointment  is 
revoked Decision  to revoke  a person’ s appointment  as a scheme 
administrator 
the person  whose  authorisation  is 
revoked Decision  to revoke  a person’ s authorisation  to operate 
a return  point 
the person  making  the application Decision  to refuse  a person’ s application  for registration 
as a take-back  service  provider 
the person  whose  registration  is 
revoked Decision  to revoke  a person’ s registration  as a take-back 
service  provider 
the return  point  operator Decision  as to the amount  of the handling  payment 
payable  to a return  point  operator 
Internal  review:  procedur e 
78. —(1) The deposit  management  organisation  may specify  the procedure  for the internal 
review  (“review”)  of a decision  of the deposit  management  organisation  and, in particular , may— 
(a) set out the circumstances  in which  the deposit  management  organisation  may accept  an 
application  after the end of the period  specified  in regulation  77(1)(b); 
(b) specify  the form  and manner  in which  an application  for review  is to be made; 
(c) specify  the information  which  an application  for review  must  contain  or any 
documentation  which  must  accompany  such an application; 
(d) enable  the deposit  management  organisation  to request  such further  information  or 
documentation  as is reasonably  required  for the deposit  management  organisation  to 
complete  a review  of the relevant  decision,  and specify— 
48 (i) the form  and manner  in which  such further  information  or documentation  is to be 
provided; 
(ii) the period  within  which  such further  information  or documentation  is to be provided; 
(e) include  provision  to allow  the deposit  management  organisation  to disregard  any 
information  or documentation  not provided  in the specified  form  or manner , or within 
the specified  period. 
(2) The deposit  management  organisation  may not require  the payment  of any fee in connection 
with an application  for a review . 
Status  of certain  decisions  pending  outcome  of internal  review 
79. —(1) This regulation  applies  where  an affected  person  applies  for an internal  review 
(“review”)  of a relevant  decision. 
(2) The effect of the relevant  decision  is suspended  during  the period— 
(a) beginning  with the day on which  the application  for the review  is made,  and 
(b) ending  with the end of the day on which  the person  is notified  of the deposit  management 
organisation’ s decision  on that application  in accordance  with regulation  77(5). 
(3) In this regulation  “affected  person”  and “relevant  decision”  have  the meanings  given  in 
regulation  77. 
Chapter  10 
Revocation  of a person’ s appointment  as the deposit  management  organisation 
Revocation  of a person’ s appointment  as the deposit  management  organisation 
80. Parts  3 and 4 of Schedule  5 contain  provisions  about  the revocation  of a person’ s appointment 
as the deposit  management  organisation  and related  matters. 
Interim  scheme  administrator 
81. —(1) This regulation  applies  where— 
(a) the Secretary  of State  revokes  a person’ s appointment  as the deposit  management 
organisation  (the “outgoing  DMO”),  and 
(b) the revocation  takes  effect before  another  person  is appointed  as the deposit  management 
organisation. 
(2) The Secretary  of State  may— 
(a) carry  out the essential  DMO  functions  during  the interim  period,  or 
(b) with the consent  of DAERA,  appoint  another  person  to carry  out those  functions  during 
the interim  period. 
(3) The Scheme  applies  during  the interim  period  with the following  modifications. 
(4) Any reference  to the deposit  management  organisation  in— 
(a) any of the provisions  mentioned  in the definition  of “essential  DMO  functions”,  and 
(b) regulations  33, 32, 31, 74 and 87(4)(d), 
is to be read as a reference  to the interim  scheme  administrator . 
(5) Any registration  fee determined  under  regulation  64 which  is in effect immediately  before 
the revocation  date is to have  effect on and after that date as if determined  by the interim  scheme 
administrator . 
49 (6) Regulation  53 is to be treated  as omitted  for the purposes  of the exercise  of the DMO 
functions  under  this regulation. 
(7) For the purposes  of regulations  77 to 79— 
(a) any decision  made  by the outgoing  DMO  has effect as a decision  of the interim  Scheme 
administrator; 
(b) any internal  review  procedures  which  are in effect immediately  before  the revocation 
date are to have  effect on and after that date as if specified  by the interim  scheme 
administrator . 
(8) For the purposes  of this regulation , the “essential  DMO  functions”  are the functions  of the 
deposit  management  organisation  under— 
(a) regulation  10 and Schedule  1 (registration  of scheme  producers); 
(b) regulation  18 (registration  of low volume  products); 
(c) regulation  19 (cancellation  of registration  of low volume  products); 
(d) regulation  22 (receipt  of deposits); 
(e) regulation  35(4) and Schedule  2 (registration  of mandatory  return  point  operators); 
(f) regulation  35(5) and Schedule  3 (return  point  exemptions); 
(g) regulations  39 and 42 and Schedule  4 (voluntary  return  points  and take-back  services); 
(h) regulation  40, in so far as it relates  to any return  point  operated  by the deposit 
management  organisation  immediately  before  the revocation  date; 
(i) regulation  44, in so far as it relates  to any arrangements  made  by the deposit  management 
organisation  and remaining  in effect immediately  before  the revocation  date; 
(j) regulation  63 (use of amounts  received  as deposits); 
(k) regulation  64, if there  is no registration  fee requirement  in effect immediately  before 
the revocation  date or alterations  are required  to any registration  fee requirement  following 
a review  under  regulation  64(9); 
(l) regulation  67 (collection  etc. of returnable  items); 
(m) regulation  69 (recycling  of in-scope  material); 
(n) regulation  72 (payment  of NEA  costs); 
(o) regulation  75 (cooperation  with other  administrators); 
(p) regulation  76 (payments  to other  administrators); 
(q) regulation  77 (internal  review). 
(9) In this regulation — 
“interim  period”  means  the period— 
(a) beginning  with the revocation  date,  and 
(b) ending  at the end of the day preceding  the day on which  the next appointment 
of a person  as the deposit  management  organisation  takes  effect; 
“interim  scheme  administrator”  means  the Secretary  of State  or the person  appointed  under 
paragraph  (2)(b); 
“revocation  date”  means  the date on which  the revocation  of the outgoing  DMO’ s 
appointment  takes  effect. 
50 PART 8 
Targets 
Collection  targets:  the deposit  management  organisation 
82. —(1) The deposit  management  organisation  must  take reasonable  steps  to ensure  that the 
Scheme,  together  with any reciprocal  recycling  arrangements,  operates  so as to ensure  that at 
least the minimum  total quantity  of refund  items  is returned  to the deposit  management 
organisation. 
(2) The minimum  total quantity  of refund  items  is— 
(a) in the calendar  year beginning  on 1st January  2028— 
(i) 70% of all refund  items  from  deposit  items  supplied  by registered  scheme  producers 
with a view  to final consumption  in England; 
(ii) 70% of all refund  items  from  deposit  items  supplied  by registered  scheme  producers 
with a view  to final consumption  in Northern  Ireland; 
(b) in the calendar  year beginning  on 1st January  2029— 
(i) 80% of all refund  items  from  deposit  items  supplied  by registered  scheme  producers 
with a view  to final consumption  in England; 
(ii) 80% of all refund  items  from  deposit  items  supplied  by registered  scheme  producers 
with a view  to final consumption  in Northern  Ireland; 
(c) in each calendar  year beginning  on or after 1st January  2030— 
(i) 90% of all refund  items  from  deposit  items  supplied  by registered  scheme  producers 
with a view  to final consumption  in England; 
(ii) 90% of all refund  items  from  deposit  items  supplied  by registered  scheme  producers 
with a view  to final consumption  in Northern  Ireland. 
(3) For the purposes  of paragraph  (2)(c)(i)  and (ii), the quantity  of containers  returned  must 
include— 
(a) at least 85% of the refund  items  made  wholly  or mainly  from  PET plastic,  and 
(b) at least 85% of the refund  items  made  wholly  or mainly  from  any other  in-scope  material. 
(4) For the purposes  of this regulation,  a refund  item which  is— 
(a) subject  to reciprocal  recycling  arrangements,  and 
(b) returned  to a person  in Wales or in Scotland  in accordance  with those  arrangements, 
is to be treated  as returned  to the deposit  management  organisation. 
(5) In this regulation  “reciprocal  recycling  arrangements”  means— 
(a) arrangements  made  by the deposit  management  organisation  with the scheme  administrator 
of a Welsh deposit  scheme  for the recycling  of refund  items  which  are returned  to 
scheme  collectors  in Wales, or 
(b) arrangements  made  by the deposit  management  organisation  with a Scottish  deposit 
administrator  for the recycling  of refund  items  which  are returned  to any place  in Scotland 
where  returnable  packaging,  or person  to whom  such packaging,  may be returned  in 
accordance  with the Scottish  deposit  and return  scheme  in relation  to which  the Scottish 
deposit  administrator  is exercising  functions. 
51 Recycling  targets:  scheme  producers 
83. —(1) This regulation  applies  if there  is no deposit  scheme  administrator  and no interim 
scheme  administrator . 
(2) A scheme  producer  must  recycle,  or make  arrangements  to facilitate  the recycling  of, the 
in-scope  material  from  at least the minimum  total quantity  of SP containers. 
(3) The minimum  total quantity  of SP containers  is— 
(a) 70% of the SP containers  supplied  by the scheme  producer  in the calendar  year beginning 
on 1st January  2028; 
(b) 80% of the SP containers  supplied  by the scheme  producer  in the calendar  year beginning 
on 1st January  2029; 
(c) 90% of the SP containers  supplied  by the scheme  producer  in the calendar  year beginning 
on 1st January  2030. 
(4) For the purposes  of paragraph  (3)(c),  the total quantity  of SP containers  must  include— 
(a) at least 85% of the SP containers  made  wholly  or mainly  from  PET plastic,  and 
(b) at least 85% of the SP containers  made  from  any other  in-scope  material. 
PART 9 
Enforcement 
Chapter  1 
Interpretation 
Interpr etation  of Part  9 
84. —(1) In this Part— 
“appropriate  authority”  means— 
(a) the local  weights  and measures  authority , in relation  to the ALA  provisions  as 
they apply  in the authority’ s area; 
(b) the Environment  Agency; 
(c) DAERA; 
“the CS Table”  means  the Table in Part 2 of Schedule  6; 
“enforcement  action”  means  the exercise  of enforcement  powers  and functions  by the 
national  enforcement  authorities  under  this Part; 
“local  weights  and measures  authority”  has the meaning  given  by section  69 of the Weights 
and Measures  Act 1985 (a). 
(2) For the purposes  of this Part— 
(a) “the ALA  provisions”  are the following  provisions  of these  Regulations— 
(i) regulation  23 (requirement  to supply  items  from  registered  scheme  producers); 
(ii) regulation  24(1)(a) (requirement  for deposit  items  supplied  to carry  Scheme  logo); 
(iii) regulation  24(1)(b) (requirement  for deposit  items  supplied  to carry  Scheme  return 
code); 
(a) 1985  c. 72. 
52 (iv) regulation  24(2) (requirement  for scheme  multipacks  supplied  to carry  the packaging 
logo); 
(v) regulation  25(1) (requirement  for low volume  product  not to carry  Scheme  logo 
or return  code); 
(vi) regulation  26(1) and (6) (requirement  to provide  or display  Scheme  information); 
(vii) regulation  27(1) (requirement  to provide  or display  low volume  product  information); 
(viii) regulation  28(1) (scheme  retailer:  requirement  to charge deposit); 
(ix) regulation  35(1) (requirement  to operate  a return  point); 
(x) regulation  37(1) (requirement  to display  information  where  no return  point  is 
operated); 
(xi) regulation  41 (requirement  to display  information  at a return  point); 
(xii) regulation  42 (requirement  to register  to operate  a take-back  service); 
(xiii) regulation  43(1) and (5) (requirement  to provide  or display  information  about 
take-back  service); 
(xiv) regulation  48(1), (2) and (3) (requirements  as to payment  of total return  amount); 
(xv) regulation  49 (requirement  to retain  returnable  items); 
(xvi) regulation  50 (requirement  for take-back  service  providers  to retain  returnable 
items); 
(xvii) regulation  87(1) (provision  of information). 
(b) “the ANA  provisions”  are the provisions  of these  Regulations  other  than the ALA 
provisions  and regulation  87. 
Chapter  2 
Enforcement  powers 
Enfor cement  powers:  England 
85. —(1) A person  who appears  suitable  to an appropriate  authority  in England  may be 
authorised  in writing  by the appropriate  authority  for the purposes  of its functions  under  these 
Regulations  to exercise  the powers  of entry  and inspection  mentioned  in paragraph  (2). 
(2) The powers  of entry  and inspection  correspond  to those  set out in section  108(4)(a)  to (f) 
and (h) to (ka) of the EA 1995  (powers  of enforcing  authorities  and persons  authorised  by them). 
(3) For the purposes  of paragraph  (1), section  108(4)  of the EA 1995  is to be read as if— 
(a) any reference  to an authorised  person  (however  expressed)  were  a reference  to a person 
authorised  under  paragraph  (1) of this regulation; 
(b) in section  108(4)(a),  the words  “(or, in an emer gency , at any time and if need  be, by 
force)”  were  omitted; 
(c) in section  108(4)(f)— 
(i) for “articles  or substances  found  in or on any premises”  there  were  substituted 
“containers  (within  the meaning  of regulation  7 of the Deposit  Scheme  for Drinks 
Containers  (England  and Northern  Ireland)  Regulations  2024)  found  in or on any 
premises”; 
(ii) the words  “, and of the air, water  or land,  in, on ,or in the vicinity  of, the premises” 
were  omitted; 
(d) in section  108(4)(h)— 
53 (i) in the words  before  sub-paragraph  (i), for “article  or substance  as is mentioned  in 
paragraph  (g) above”  there  were  substituted  “container  as is mentioned  in paragraph 
(f) above”; 
(ii) in sub-paragraph  (iii), for “an offence”  to the end there  were  substituted  “an offence 
under  regulation  88 or 89, or the imposition  of a civil sanction  under  regulation 
92, of the Deposit  Scheme  for Drinks  Containers  (England  and Northern  Ireland) 
Regulations  2024  as those  Regulations  apply  in relation  to England”; 
(e) in section  108(4)(k)— 
(i) after “computerised  form”  there  were  inserted  “, including  any information  recorded 
electronically”; 
(ii) in sub-paragraph  (i) for the words  from  “the pollution  control  enactments”  to “he 
acts”  there  were  substituted  “the Deposit  Scheme  for Drinks  Containers  (England 
and Northern  Ireland)  Regulations  2024  as those  Regulations  apply  in relation  to 
England”; 
(f) in section  108(4)(ka),  the words  “(other  than an article  or substance  within  paragraph 
(g)” were  omitted. 
(4) Section  108(6)  to (7F) of the EA 1995  applies  to the applied  enforcement  powers  as it 
applies  the powers  in section  108(4)  as modified  by these  Regulations  and is to be read as if— 
(a) any reference  to an authorised  person  (however  expressed)  were  a reference  to a person 
authorised  under  paragraph  (1); 
(b) in section  108(6),  the words  “, or to take any heavy  equipment  on to any premises  which 
are to be entered,”  were  omitted; 
(c) in section  108(6)  and (7), the words  “Except  in an emer gency”  were  omitted;”; 
(d) in section  108(7B),  for “the pollution  control  enactments  or flood  risk activity  enactments” 
there  were  substituted  “the Deposit  Scheme  for Drinks  Containers  (England  and Northern 
Ireland)  Regulations  2024  as those  Regulations  apply  in relation  to England.”. 
(5) Section  108(12),  (12A)  and (13) of the EA 1995  applies  to the applied  enforcement  powers 
as it applies  in relation  to the powers  conferred  by section  108(4)  of the EA 1995  as modified 
by these  Regulations. 
(6) Paragraphs  2 to 6 of the Schedule  18 to the EA 1995  apply  to the applied  enforcement 
powers  as they apply  to the powers  conferred  by section  108(4)  as modified  by these  Regulations 
but as if— 
(a) any reference  to a designated  person  (however  expressed)  were  a reference  to a person 
authorised  under  paragraph  (1); 
(b) any reference  to a relevant  power  were  a reference  to an applied  enforcement  power , 
including  any power  exercisable  by virtue  of a warrant  under  the provisions  of the 
Schedule  as applied  by this paragraph ; 
(c) in paragraph  6(1),  the reference  to a power  conferred  by section  108(4)(a)  or (b) or (5) 
were  a reference  to an applied  enforcement  power; 
(d) any reference  to “sherif f” were  omitted. 
(7) In this regulation — 
(a) “the EA 1995”  means  the Environment  Act 1995  as it applies  in England; 
(b) “the applied  enforcement  powers”  means  the powers  conferred  by paragraphs  (1) and 
(2). 
54 Enfor cement  powers:  Northern  Ireland 
86. —(1) A person  who appears  suitable  to DAERA  may be authorised  in writing  by DAERA 
for the purposes  of its functions  under  these  Regulations  to exercise  the powers  of entry  and 
inspection  mentioned  in paragraph  (2). 
(2) The powers  of entry  and inspection  are those  set out in Article  72(2)(a)  to (c), (e), (f) and 
(h) to (j) of the WCLO  1997. 
(3) For this purpose,  Article  72 of the WCLO  1997  is to be read as if— 
(a) any reference  to an authorised  person  (however  expressed)  were  a reference  to a person 
authorised  under  paragraph  (1); 
(b) in Article  72(2)(a),  the words  “(or, in an emer gency , at any time and if need  be, by 
force)”  were  omitted; 
(c) in Article  72(2)(f)— 
(i) for “articles  or substances  found  in or on any premises”  there  were  substituted 
“containers  (within  the meaning  of regulation  7 of the Deposit  Scheme  for Drinks 
Containers  (England  and Northern  Ireland)  Regulations  2024)  found  in or on any 
premises”; 
(ii) the words  “, and of the air, water  or land,  in, on ,or in the vicinity  of, the premises” 
were  omitted; 
(d) in Article  72(2)(h)— 
(i) for “article  or substance  as is mentioned  in paragraph  (g) above”  there  were 
substituted  “container  as is mentioned  in paragraph  (f) above”; 
(ii) in sub-paragraph  (iii), for “an offence”  to the end there  were  substituted  “an offence 
under  regulation  88 or 89, or the imposition  of a civil sanction  under  regulation 
92, of the Deposit  Scheme  for Drinks  Containers  (England  and Northern  Ireland) 
Regulations  2024  as those  Regulations  apply  in relation  to Northern  Ireland.”; 
(e) in Article  72(2)(j)— 
(i) after “computerised  form”  there  were  inserted  “, including  any information  recorded 
electronically; 
(ii) in sub-paragraph  (i) for the words  from  “the pollution  control  enactments”  to “the 
acts”  there  were  substituted  “the Deposit  Scheme  for Drinks  Containers  (England 
and Northern  Ireland)  Regulations  2024  as those  Regulations  apply  in relation  to 
Northern  Ireland”; 
(f) in Article  72(2)(k),  for “this  Article”  there  were  substituted  this Article  as applied  by 
the Deposit  Scheme  for Drinks  Containers  (England  and Northern  Ireland)  Regulations 
2024  as those  Regulations  apply  in relation  to Northern  Ireland”; 
(g) after Article  72(2)  there  were  inserted— 
“(2A) An authorised  person  may not exercise  the powers  in sub-paragraphs  (2)(f),  (h) or 
(j) without— 
(a) the consent  of a person  entitled  to access  to material  on or accessible  from  the 
premises,  or 
(b) the authority  of a warrant  under  Schedule  4 to this Order .”. 
(4) Article  72(4)  and (5) of the WCLO  1997  applies  to the applied  enforcement  powers  as it 
applies  to the powers  in Article  72(2)  of the WCLO  1997,  but is if— 
(a) any reference  to an authorised  person  (however  expressed)  were  to a person  authorised 
under  paragraph  (1); 
55 (b) in Article  72(4),  the words  “, or to take heavy  equipment  on to any premises  which  are 
to be entered,”  were  omitted; 
(c) in Article  72(4)  and (5), the words  “Except  in an emer gency”  were  omitted; 
(d) in section  108(7B),  for “the pollution  control  enactments  or the flood  risk activity 
enactments”  there  were  substituted  “the Deposit  Scheme  for Drinks  Containers  (England 
and Northern  Ireland)  Regulations  2024.”. 
(5) Article  72(9)  and (10) of the WCLO  1997  apply  to the applied  enforcement  powers  as it 
applies  to the powers  conferred  by Article  72(2)  of the WCLO  1997. 
(6) Paragraphs  2 to 5 of Schedule  4 to the WCLO  1997  apply  to the applied  enforcement 
powers  as they apply  to the powers  conferred  by Article  72(2)  of the WCLO  1997,  but as if— 
(a) any reference  to an authorised  person  (however  expressed)  were  a reference  to a person 
authorised  under  paragraph  (1) 
(b) any reference  to a relevant  power  were  a reference  to an applied  enforcement  power , 
including  any power  exercisable  by virtue  of a warrant  under  the provisions  of the 
Schedule  as applied  by this paragraph ; 
(c) in paragraph  5, the reference  to a power  conferred  by Article  72(2)(a)  or (b) or (3) were 
a reference  to the applied  enforcement  powers  and the reference  to the enforcing  authority 
under  whose  authorisation  the autthorised  person  acts were  a reference  to DAERA. 
(7) In this regulation— 
(a) “the WCLO  1997”  means  the Waste and Contaminated  Land  (Northern  Ireland)  Order 
1997 (a); 
(b) “the applied  enforcement  powers”  means  the powers  conferred  by paragraphs  (1) and 
(2). 
Information 
87. —(1) An appropriate  authority  may, by notice,  require  a duty-holder  to provide  information 
which  the enforcing  authority  requires  for the purposes  of carrying  out its functions  under , or in 
connection  with,  the Scheme. 
(2) A notice  under  paragraph  (1)— 
(a) must  be in writing; 
(b) may be given  to— 
(i) a specified  duty-holder; 
(ii) duty-holders  of a specified  description; 
(iii) all duty-holders; 
(c) may require  the information  to be provided  in a specified  form  or manner; 
(d) may require  the information  to be provided— 
(i) by a specified  date or at a specified  time,  and 
(ii) in respect  of a specified  period. 
(3) A duty-holder  who is given  a notice  under  paragraph  (1) must  comply  with it. 
(4) In this regulation — 
“duty-holder”  means— 
(a) S.I. 1997/2778  (N.I. 19). Article  72 was amended  by sections  5 and 11 of the Waste and Contaminated  Land  (Amendment) 
Act (Northern  Ireland)  2011 (c. 5) and by S.I. 2007/61 1 (N.I.  3) and 2019/584. 
56 (a) a scheme  producer , 
(b) a scheme  supplier , 
(c) a scheme  collector , or 
(d) the deposit  management  organisation; 
“specified”  means  specified  in a notice  under  paragraph  (1). 
Chapter  3 
Offences 
Obstructing  an authorised  person 
88. —(1) A person  who intentionally  obstructs,  or fails to assist,  an authorised  person,  in the 
carrying  out of their enforcement  functions  is guilty  of an offence. 
(2) An offence  under  paragraph  (1) is punishable— 
(a) on conviction  on indictment,  with a fine; 
(b) on summary  conviction— 
(i) in England,  with a fine; 
(ii) in Northern  Ireland,  with a fine not exceeding  the statutory  maximum. 
(3) In this regulation — 
“authorised  person”  means  a person  authorised  under  regulation  85 or 86; 
“enforcement  functions” , in relation  to an authorised  person,  means  the powers  which  that 
person  is authorised  to exercise  under  regulation  85 or 86. 
Failur e to comply  with  civil sanction 
89. —(1) A person  who fails to comply  with a civil sanction  imposed  under  regulation  92 is 
guilty  of an offence. 
(2) An offence  under  paragraph  (1) is punishable— 
(a) on conviction  on indictment,  with a fine; 
(b) on summary  conviction— 
(i) in England,  with a fine; 
(ii) in Northern  Ireland,  with a fine not exceeding  the statutory  maximum. 
Liability  of directors  etc. 
90. —(1) If— 
(a) a relevant  offence  is committed  by a body  corporate,  a Scottish  partnership  or other 
unincorporated  association,  and 
(b) is proved  to have  been  committed  with the consent  or connivance,  or to be attributable 
only to neglect  on the part of— 
(i) any relevant  individual,  or 
(ii) an individual  purporting  to act in the capacity  of a relevant  individual, 
the individual,  as well as the body  corporate,  Scottish  partnership  or other  unincorporated 
association,  is guilty  of the offence  and liable  to be proceeded  against  and punished  accordingly . 
57 (2) Where  a person  (“A”)  commits  a relevant  offence  due to the act or default  of some  other 
person  (“B”),  B is also guilty  of the offence  and liable  to be proceeded  against  and punished 
accordingly , whether  or not proceedings  for the offence  are taken  against  A. 
(3) In this regulation — 
“relevant  individual—” 
(a) in relation  to a body  corporate,  means— 
(i) a director , member  of the committee  of management,  chief  executive, 
manager , secretary  of other  similar  officer  of the body , or 
(ii) where  the affairs of the body  corporate  are managed  by its members,  a 
member; 
(b) in relation  to a limited  liability  partnership,  means  a member; 
(c) in relation  to a relevant  partnership,  means  a partner; 
(d) in relation  to an unincorporated  association  (other  than a relevant  partnership), 
means  a person  who is concerned  in the management  and control  of the 
association; 
“relevant  offence”  means  an offence  under  regulation  88 or 89; 
“relevant  partnership”  means  a partnership,  other  than a limited  liability  partnership,  and 
includes  a Scottish  partnership. 
Chapter  4 
Civil  sanctions 
Interpr etation  of Chapter  4 
91. In this Chapter  “enforcement  authority”  means— 
(a) the local  weights  and measures  authority  in relation  to— 
(i) an offence  under  regulation  88, where  the person  obstructed  or not assisted  was 
authorised  by an authority  under  regulation  84; 
(ii) an offence  under  regulation  89, where  the civil sanction  was imposed  by the local 
weights  and measures  authority; 
(iii) a civil sanction  specified  in the CS Table for— 
(aa) any contravention  of an ALA  provision  in the area of the local  weights 
and measures  authority , or 
(bb) any contravention  of regulation  86(3) in relation  to a notice  given  by the 
authority , or the provision  of false  or misleading  information  in response 
to such a notice; 
(b) the Environment  Agency  in relation  to— 
(i) an offence  under  regulation  88, where  the person  obstructed  or not assisted  was 
authorised  by the Agency  under  regulation  84; 
(ii) an offence  under  regulation  89, where  the civil sanction  was imposed  by the Agency; 
(iii) a civil sanction  specified  in the CS Table for— 
(aa) any contravention  of an ANA  provision  in England, 
(bb) any contravention  of regulation  86(3) in relation  to a notice  given  by the 
Agency , or the provision  of false  or misleading  information  in response 
to such a notice,  or 
58 (cc) the provision  of false  or misleading  information  in response  to a notice 
given  by the deposit  management  organisation  or under  any provision  of 
Schedule  2, 3 or 4; 
(c) DAERA  in relation  to— 
(i) an offence  under  regulation  88, where  the person  obstructed  or not assisted  was 
authorised  by DAERA  under  regulation  85; 
(ii) an offence  under  regulation  89, where  the civil sanction  was imposed  by DAERA; 
(iii) a civil sanction  specified  in the CS Table for— 
(aa) any contravention  of an ALA  provision  in Northern  Ireland, 
(bb) any contravention  of an ANA  provision  in Northern  Ireland. 
(cc) any contravention  of regulation  86(3) in relation  to a notice  given  by 
DAERA  or the provision  of false  or misleading  information  in response 
to such a notice,  or 
(dd) the provision  of false  or misleading  information  in response  to a notice 
given  by the deposit  management  organisation  or under  any provision  of 
Schedule  2, 3 or 4 
Civil  sanctions:  introductory 
92. —(1) Where  an enforcement  authority  is satisfied  on the balance  of probabilities  that there 
has been  an act, or a contravention  of any requirement,  specified  in the first column  of the CS 
Table and the corresponding  entry  for that act or requirement  states  “yes”,  the enforcement 
authority  may, in relation  to that act or contravention— 
(a) impose  a fixed  monetary  penalty  in accordance  with Part 3 of Schedule  6; 
(b) impose  a variable  monetary  penalty  in accordance  with Part 4 of Schedule  6; 
(c) impose  a compliance  notice  in accordance  with Part 5 of Schedule  6; 
(d) accept  an enforcement  undertaking  in accordance  with Part 6 of Schedule  6. 
(2) An enforcement  authority  may recover  a FMO  or VMP  as a civi debt or on the order  of a 
court,  as if payable  under  a court  order . 
Enfor cement  costs  recovery  notices 
93. —(1) An enforcement  authority  may serve  a notice  (an “enforcement  cost recovery  notice”) 
on a person  on whom  a variable  monetary  penalty  notice  or compliance  notice  has been  served 
requiring  that person  to pay the costs  incurred  by the enforcement  authority  in relation  to the 
imposition  of that notice  up to the time of its imposition. 
(2) The costs  mentioned  in paragraph  (1) include  in particular— 
(a) investigation  costs; 
(b) administration  costs; 
(c) the costs  of obtaining  expert  advice  (including  legal  advice). 
(3) An enforcement  cost recovery  notice  must  specify— 
(a) the amount  required  to be paid, 
(b) how payment  must  be made, 
(c) the period  within  which  payment  must  be made,  which  must  be not less than 28 days 
beginning  with the date on which  the notice  is served, 
(d) the grounds  for serving  the notice, 
59 (e) the right  of appeal,  and 
(f) the consequences  of failure  to comply  with the notice  in the specified  period. 
(4) A person  on whom  an enforcement  costs  recovery  notice  is served  may require  the enforcing 
authority  to provide  a detailed  breakdown  of the amount. 
(5) A person  required  to pay costs  is not liable  to pay the proportion  of those  costs  which  are 
shown  by the person  to have  been  unnecessarily  incurred. 
(6) A person  required  to pay costs  may appeal  against— 
(a) the decision  of the enforcement  authority  to impose  the requirement  to pay costs; 
(b) the decision  of the enforcement  authority  as to the amount  of those  costs. 
Penalties  and costs  received  under  this Part 
94. —(1) The Environment  Agency  must  pay any penalty  and costs  it receives  under  this Part 
into the Consolidated  Fund. 
(2) DAERA  must  pay any penalty  it receives  under  this Part into the Consolidated  Fund  of 
Northern  Ireland. 
(3) A local  weights  and measures  authority  may retain  any penalty  that it receives  under  this 
Part. 
Withdrawing  or amending  a notice 
95. An enforcement  authority  may at any time,  in writing— 
(a) withdraw  a fixed  penalty  notice; 
(b) withdraw  a variable  monetary  penalty  notice  or an enforcement  costs  recovery  notice; 
(c) reduce  the amount  specified  in a variable  monetary  penalty  notice  or an enforcement 
costs  recovery  notice; 
(d) withdraw  a compliance  notice; 
(e) amend  the steps  specified  in a compliance  notice  so as to reduce  the amount  of work 
necessary  to comply  with the notice; 
(f) vary a notice  so as to extend  the time in which  to pay any penalty . 
Chapter  5 
Public  register 
Publication  of enfor cement  action  in public  register 
96. —(1) Each  national  enforcement  authority  must  maintain  a register  (a “public  register”) 
containing  information  relating  to any enforcement  action  taken. 
(2) The public  register  must  contain  details  of— 
(a) any conviction  for an offence  under  regulation  88, 89 or 90; 
(b) any civil sanction  imposed  under  regulation  92 provided  that— 
(i) the time for lodging  any appeal  in respect  of the civil sanction  has expired;  or 
(ii) any appeal  in relation  to the civil sanction  has been  finally  disposed  of; 
(c) any enforcement  undertaking  accepted  in accordance  with Part 6 of Schedule  6; 
(d) any enforcement  cost recovery  notice  served  under  regulation  93. 
60 (3) Information  relating  to civil sanctions  must  be removed  from  the public  register  within  a 
period  no greater  than 4 years  after it was entered  on the register . 
(4) Nothing  in this regulation  requires  a public  register  to contain  information  relating  to criminal 
proceedings,  or anything  which  is the subject  matter  of criminal  proceedings,  before  those 
proceedings  are finally  disposed  of. 
(5) In paragraph  (4), “criminal  proceedings”  includes  prospective  criminal  proceedings. 
(6) Each  national  enforcement  authority  must  enter  information  on the public  register , subject 
to paragraph  (4), as soon as reasonably  practicable  after it comes  within  that authority’ s possession. 
(7) Each  national  enforcement  authority  must— 
(a) make  the public  register  available  for public  inspection  at all reasonable  times,  free of 
charge, and 
(b) permit  members  of the public  to obtain  copies  of entries  on its public  register  on payment 
of a reasonable  charge. 
(8) A public  register  may be kept in any form  but shall  be indexed  or arranged  so that members 
of the public  can readily  trace  information  contained  in it. 
Spent  convictions  of individuals 
97. Each  national  enforcement  authority  must  remove  details  of any conviction  from  the public 
register  once  the rehabilitation  period  for a sentence  has ended  in accordance  with— 
(a) section  5 of the Rehabilitation  of Offenders  Act 1974 (a) (rehabilitation  periods  for 
particular  offences)  as it applies  in England; 
(b) Article  3 of the Rehabilitation  of Offenders  (Northern  Ireland)  Order  1978 (b). 
PART 10 
Appeals 
Interpr etation  of Part  10 
98. In this Part— 
“appeal  body”  means— 
(a) in relation  to England  or an appeal  under  paragraph  8 of Schedule  5, the First-tier 
Tribunal; 
(b) in relation  to Northern  Ireland,  the appeals  commission; 
“appeals  commission”  means  the planning  appeals  commission  established  in accordance 
with section  203 of the Planning  Act (Northern  Ireland)  2011(c); 
“enforcement  authority”  has the meaning  given  for the purposes  of Part 9 (enforcement). 
Right  of appeal 
99. A person  may appeal  to the appeal  body  against— 
(a) a decision  to refuse  the person’ s application  for appointment  as the deposit  management 
organisation  under  paragraph  3 of Schedule  5, 
(a) 1974  c.53. 
(b) 1978  No. 1908  (N.I.  27). 
(c) 2011 c.25. 
61 (b) a decision  to revoke  the person’ s appointment  as the deposit  management  organisation 
under  paragraph  5 of Schedule  5, or 
(c) a civil sanction  imposed  under  a notice,  or enforcement  cost recovery  notice  issued, 
issued  under  Part 9 which  is subject  to an appeal. 
Procedur e on appeal 
100. —(1) Where  an appeal  is made  to the appeal  body  under  regulation  99— 
(a) subject  to sub-paragraph  (b) and regulation  101, the decision  which  is the subject  of the 
appeal  has effect until the appeal  is finally  determined  or withdrawn,  unless  the appeal 
body  determines  otherwise; 
(b) any civil sanction  imposed  under  a notice  (other  than a compliance  notice),  or an 
enforcement  cost recovery  notice  issued  under  Part 9, which  is subject  to an appeal  is 
suspended  until the appeal  is finally  determined  or withdrawn. 
(2) The appeal  body  may, in relation  to the decision  or notice  which  is the subject  of the 
appeal— 
(a) quash  the decision  or withdraw  the notice  (whether  in whole  or in part); 
(b) confirm  the decision  or notice  (whether  in whole  or in part); 
(c) vary the decision  or notice  (whether  in whole  or in part); 
(d) take any steps  that the Secretary  of State  or the appropriate  authority  could  take in 
relation  to the matters  giving  rise to the decision  or the act or omission  giving  rise to 
the notice; 
(e) remit  the decision,  including  any decision  whether  to confirm  any matter  relating  to the 
decision  or to confirm  the notice,  to the Secretary  of State  or the appropriate  authority . 
(3) Where  an appeal  is made  to the appeals  commission,  if the appellant  so requests  or the 
commission  so decides,  the appeal  must  be or continue  in the form  of a hearing. 
(4) Schedule  7 makes  further  provision  about  the procedure  on an appeal. 
Status  pending  appeal:  decision  to revoke  a person’ s appointment  as the deposit  management 
organisation 
101. —(1) In the case of an appeal  against  a decision  to revoke  a person’ s appointment  as the 
deposit  management  organisation,  the decision  is ineffective  until the appeal  is granted,  dismissed 
or withdrawn. 
(2) If the appeal  is dismissed  or withdrawn,  the decision  becomes  effective  from  the end of the 
day on which  the appeal  is dismissed  or withdrawn. 
Determination  of appeals 
102. —(1) Where,  following  an appeal  under  this Part, the appeal  body  determines  that a decision 
of a decision  maker  is to be varied  or remitted  to the decision  maker , the decision  maker  must— 
(a) comply  with any directions  given  to it by the appeal  body , and 
(b) take any steps  necessary  to give effect to the appeal  body’ s determination. 
(2) In this regulation  “decision  maker”  means— 
(a) the Secretary  of State,  or 
(b) the enforcement  authority . 
62 PART 11 
Functions  of the national  enforcement  authorities 
Operational  plans 
103. Each  national  enforcement  authority  must  consult  on, and where  satisfied  may approve, 
any revision  of a deposit  management  organisation’ s operational  plan in accordance  with regulation 
53. 
Enfor cement 
104. —(1) The national  enforcement  authorities  shall  take enforcement  action  set out in Part 9. 
(2) The Environment  Agency  may, under  regulation  85, authorise  in writing  a person  who 
appears  to be suitable  for the purposes  of its functions  under  Part 9, to exercise  the powers  of 
entry  and inspection  mentioned  in regulation  85(2). 
(3) DAERA  may, under  regulation  86, authorise  in writing  a person  who appears  to be suitable 
for the purposes  of its functions  under  Part 9, to exercise  the powers  of entry  and inspection 
mentioned  in regulation  86(2). 
(4) Each  national  enforcement  authority  must  maintain  a public  register  as set out under  Chapter 
5 of Part 9. 
Co-operation  with  deposit  management  organisations 
105. Each  national  enforcement  authority  must,  under  regulation  74, enter  into arrangements 
with deposit  management  organisations  for securing  co-operation  and the exchange  of information 
for the carrying  out of any of their functions  other  than any relevant  enforcement  functions. 
Annual  reports  from deposit  management  organisations 
106. The national  enforcement  authorities— 
(a) must  consider  the Annual  reports  submitted  by a deposit  management  organisation  under 
regulation  54; 
(b) shall  request  such additional  reports  from  the deposit  management  organisation  as are 
permitted  and as the national  enforcement  authorities  consider  necessary . 
Monitoring  functions 
107. —(1) Each  national  enforcement  authority  must  monitor— 
(a) compliance  by scheme  producers  with the obligations  of a registered  scheme  producer 
under  these  Regulations; 
(b) compliance  by the deposit  management  organisation  with the obligations  imposed  on 
the deposit  management  organisation  under  these  Regulations; 
(c) compliance  by scheme  retailers  with retailer  the obligations  imposed  on scheme  retailers 
under  these  Regulations; 
(d) the registration  of scheme  producers; 
(e) the registration  of scheme  retailers; 
(f) the accuracy  of the information  provided  by scheme  producers; 
(g) the accuracy  of the information  provided  by scheme  retailers; 
63 (h) the accuracy  of the information  provided  by the DMO. 
Monitoring  reports 
108. —(1) Each  national  enforcement  authority  must  no later than 1st September  2027  and, in 
each subsequent  year no later than 31st December  of that year, provide  to the appropriate  authority 
a report  setting  out its proposed  monitoring  plan. 
(1A)  Each  national  enforcement  authority  must  no later than 30th September  2027  and, in each 
subsequent  year no later than 31st December  of that year, publish  its proposed  monitoring  plan. 
(2) The monitoring  plan referred  to in paragraph  (1) must  give— 
(a) details  of the authority’ s policy  for the following  calendar  year in relation  to performing 
its functions  under  regulation  107; 
(b) details  of the monitoring  the authority  proposes  to carry  out during  the following  calendar 
year including  its monitoring  relating  to scheme  producers  and to deposit  management 
organisations. 
(3) Each  national  enforcement  authority  must  no later than 31st March  2029  and, in each 
subsequent  year no later than 31st March  of that year, publish  a report  setting  out— 
(a) the monitoring  and enforcement  activities  it has undertaken  during  the year commencing 
with 1st January  of the preceding  calendar  year and ending  on 31st December  of that 
year, and 
(b) the extent  to which  by those  activities  the authority  has implemented  its monitoring  plan 
for the year reported  on, including  a description  of its performance  against  the monitoring 
plan. 
Appeals 
109. Where  an appeal  body  under  regulation  102 determines  that a decision  of a national 
enforcement  authority  is to be varied  or remitted  to that authority , the national  enforcement 
authority  must  comply  with any directions  given  to it by the appeal  body , and take any steps 
necessary  to give effect to the appeal  body’ s determination. 
PART 12 
Review 
Review 
110. —(1) The Secretary  of State  must,  from  time to time— 
(a) carry  out a review  of the regulatory  provisions  contained  in these  Regulations, 
(b) set out the conclusions  of the review  in a report,  and 
(c) publish  the report. 
(2) Section  30(4)  of the Small  Business,  Enterprise  and Employment  Act 2015 (a) requires  that 
the report  must  in particular— 
(a) set out the objectives  intended  to be achieved  by the regulatory  regime  established  by 
the regulatory  provisions  referred  to in paragraph  (1)(a), 
(b) assess  the extent  to which  those  objectives  are achieved,  and 
(a) 2015  c. 26. 
64 (c) assess  whether  those  objectives  remain  appropriate,  and if so, the extent  to which  they 
could  be achieved  by a system  which  imposes  less onerous  regulatory  provision. 
(3) The first report  must  be published  before  the end of the period  of five years  beginning  with 
1st October  2027. 
(4) Subsequent  reports  must  be published  at intervals  not exceeding  five years. 
(5) In this regulation  “regulatory  provision”  has the same  meaning  as in sections  28 to 32 of 
the Small  Business,  Enterprise  and Employment  Act 2015  (see section  32 of that Act). 
DRAFT 
Name  1 
Minister  of State 
Department  for Environment,  Food  and Rural  Affairs 
65 SCHEDULES 
Regulations  10 and 14 SCHEDULE  1 
Scheme  producers:  registration  with the deposit  management  organisation 
PART 1 
Registration 
Interpr etation  of Part  1 
1. —(1) In this Part— 
“applicant”  means  a person  making  an application  for registration  with the deposit 
management  organisation  as a scheme  producer; 
“registration  application”  means  an application  for registration  with the deposit  management 
organisation  as a scheme  producer; 
“registration  information”  has the meaning  given  in sub-paragraph  (2). 
(2) “Registration  information”,  in relation  to an applicant,  means— 
(a) the applicant’ s name  and business  name  (if different); 
(b) the address  and telephone  number  of the applicant’ s registered  or principal  office; 
(c) an address  for service,  if different  from  the address  mentioned  in paragraph  (b); 
(d) if the applicant  is a company , the company  registration  number; 
(e) if the applicant  is a partnership,  the names  of all of the partners; 
(f) the name  and contact  details  (including  an email  address  where  available)  of the person 
appointed  as the point  of contact  for the applicant  in relation  to the Scheme; 
(g) the applicant’ s SIC code; 
(h) a statement  as to whether  or not the applicant  is a brand  owner; 
(i) a statement  as to whether  or not the applicant  is an importer; 
(j) a statement  as to whether  or not the applicant  fills closed  containers  with drink  to order; 
(k) if the applicant  is a brand  owner  or importer , the brand  name  of each drink  for which 
the applicant  is the brand  owner  or importer; 
(l) the total number  of deposit  items  which  the applicant  expects  to supply  in the relevant 
area in the period  of 12 months  following  their registration  with the deposit  management 
organisation,  together  with— 
(i) information  about  the in-scope  materials  from  which  the applicant  expects  the 
in-scope  bottles  and cans to be wholly  or mainly  made, 
(ii) the expected  capacity  of each type of those  bottles  and cans,  and 
(iii) if the applicant  expects  any of the deposit  items  to be made  available  for supply 
in scheme  multipacks,  the expected  size of those  multipacks. 
66 (3) For the purposes  of sub-paragraph  (2)(g) “SIC  code”  means  a code  included  in the UK 
Standard  Industrial  Classification  of Economic  Activities  2007  (SIC 2007)  published  by the Office 
for National  Statistics  in December  -0-230-21012-7.978-0-230-21012-7. 
Registration  application 
2. —(1) A person  seeking  registration  with the deposit  management  organisation  as a scheme 
producer  must  make  a registration  application  to the deposit  management  organisation. 
(2) A registration  application  must— 
(a) be made  in such form  and manner  as the deposit  management  organisation  directs, 
(b) contain  the registration  information,  and 
(c) contain  such other  information  (if any) as the deposit  management  organisation  may 
direct  in compliance  with sub-paragraph  (4). 
(3) Where  the applicant  is a partnership,  the registration  application  must  be made  by one of 
the partners  on behalf  of the partnership. 
(4) The deposit  management  organisation  may only direct  an applicant  to provide  information 
in their registration  application  which  the deposit  management  organisation  reasonably  requires 
for the purposes  of its functions  under , or in connection  with,  the Scheme. 
Decision  on registration  application 
3. —(1) The deposit  management  organisation— 
(a) must  grant  the registration  application  and register  the applicant  as a scheme  producer , 
if the deposit  management  organisation  is satisfied  that the registration  applicant  meets 
the requirements  of paragraph  2(2), or 
(b) otherwise,  must  refuse  the registration  application. 
(2) The deposit  management  organisation  must  notify  the applicant— 
(a) of its decision  concerning  the registration  application, 
(b) if the application  is granted,  of the date on which  the registration  takes  effect, and 
(c) if the registration  application  is refused,  of the reasons  for that decision. 
(3) A notification  under  sub-paragraph  (2) must  be in writing. 
(4) The deposit  management  organisation  must  complete  the steps  required  by sub-paragraphs 
(1) and (2) within  a reasonable  period  of receiving  the registration  application. 
Requir ement  to notify  the deposit  management  organisation  of changes  in registration 
information 
4. —(1) A registered  scheme  producer  must  notify  the deposit  management  organisation  of any 
change  to any of the relevant  information. 
(2) In this paragraph  “relevant  information”  means— 
(a) the registration  information,  or 
(b) any other  information  that the applicant  was directed  to include  in their registration 
application  by the deposit  management  organisation. 
67 PART 2 
Cancellation  of registration 
Cancellation  of registration  on the request  of the register ed person 
5. —(1) The deposit  management  organisation  must  cancel  a person’ s registration  as a scheme 
producer  if— 
(a) that person  notifies  the deposit  management  organisation  that they have  ceased  to be a 
scheme  producer , and 
(b) the deposit  management  organisation  is satisfied  that is the case. 
(2) Where  the deposit  management  organisation  cancels  a person’ s registration  as a scheme 
producer  following  a notification  under  sub-paragraph  (1), the deposit  management  organisation 
must  give the person  a notice,  which— 
(a) states  that the person’ s registration  as a scheme  producer  has been  cancelled,  and 
(b) specifies  the date on which  that cancellation  takes  effect. 
Deposit  management  organisation’ s power  to cancel  registration 
6. —(1) The deposit  management  organisation  may cancel  a person’ s registration  as a scheme 
producer  if the deposit  management  is satisfied,  without  a notification  having  been  given  under 
paragraph  5, that the person  has ceased  to be a scheme  producer . 
(2) Before  cancelling  a person’ s registration  as a scheme  producer  in accordance  with 
sub-paragraph  (1), the deposit  management  organisation  must  give that person  a proposal  notice. 
(3) The proposal  notice  must  be in writing  and must— 
(a) state why the deposit  management  organisation  is proposing  to cancel  a person’ s 
registration  as a scheme  producer , 
(b) specify  the date on which  the cancellation  of the person’ s registration  as a scheme 
producer  is proposed  to take effect, 
(c) state that the person  to whom  the notice  is given  may make  representations  to the deposit 
management  organisation  about  the proposal,  and 
(d) specify  the form  and manner  in which  such representations  are to be made  and the 
period  within  which  they must  be made,  which  may not be less than 28 days from  the 
date on which  the proposal  notice  is given. 
(4) The deposit  management  organisation— 
(a) must  consider  any representations  made  by the relevant  person  by the date specified  in 
the proposal  notice; 
(b) may reject  any representations  made  by that person  after that date. 
(5) The deposit  management  must  notify  that person  in writing  of its decision. 
(6) Where  the deposit  management  organisation  decides  to proceed  with the cancellation  of the 
person’ s registration  as a scheme  producer , the deposit  management  organisation  must  give that 
person  a cancellation  notice. 
(7) A cancellation  notice  must  be in writing  and must— 
(a) state that the person’ s registration  as a scheme  producer  is being  revoked  and why, 
(b) specify  the date on which  the cancellation  of the registration  takes  effect, and 
68 (c) state that the person  has a right  under  regulation  77 to ask the deposit  management 
organisation  to reconsider  the decision. 
(8) The date specified  for the purposes  of sub-paragraph  (7)(b) must  not be before  the end of 
the 28-day  period  from  the date of the cancellation  notice. 
regulation  35(5) SCHEDULE  2 
Registration  of mandatory  return  point  operators 
Interpr etation 
1. In this Schedule — 
“the application  information” , in relation  to an in-scope  retailer , means— 
(a) the retailer ’s name,  and if different,  business  name, 
(b) the address  and telephone  number  of the retailer ’s registered  or principal  office, 
(c) an address  for service,  if different  from  the address  mentioned  in sub-paragraph 
(b), 
(d) where  the retailer  is a company , the company  registration  number , 
(e) where  the retailer  is a partnership,  the names  of all of the partners, 
(f) the name  and contact  details  (including  an email  address  where  available)  of the 
person  appointed  as the point  of contact  for the retailer  in relation  to the Scheme, 
and 
(g) the address  of each of the MRP  premises  in respect  of which  the retailer  is required 
to operate  a return  point  in accordance  with regulation  35(1); 
“in-scope  retailer”  means  a scheme  retailer  who is required  to operate  a return  point  in 
respect  of an MRP  premises  in accordance  with regulation  35(1). 
Application  for registration 
2. —(1) A person  who,  immediately  on the coming  into force  of regulation  35, becomes  an 
in-scope  retailer  must,  within  7 days of that date,  make  a registration  application  to the deposit 
management  organisation. 
(2) Where  the in-scope  retailer  is a partnership,  the application  for registration  must,  if made 
by only one partner , be made  by that partner  on behalf  of all of the partners. 
(3) A registration  application  must— 
(a) be made  in such form  and manner  as the deposit  management  organisation  may direct, 
and 
(b) contain— 
(i) the application  information,  and 
(ii) such other  information  (if any) as the deposit  management  organisation  may direct. 
(4) Where  a person  becomes  an in-scope  retailer  after 1st October  2027  the retailer  must  make 
a registration  application  within  such period  as the deposit  management  organisation  may direct. 
69 Application  for registration:  decision 
3. —(1) Where  the deposit  management  organisation  receives  a registration  application,  the 
deposit  management  organisation  must— 
(a) register  the in-scope  retailer  in relation  to each of the MRP  premises  in respect  of which 
the retailer  is required  to operate  a return  point,  and 
(b) notify  the in-scope  retailer  in writing  that the retailer  has been  registered  as a mandatory 
return  point  operator . 
Cancellation  of registration 
4. —(1) The deposit  management  organisation  must— 
(a) cancel  in-scope  retailer ’s registration  as a mandatory  return  point  operator  in respect  of 
any particular  MRP  premises,  if— 
(i) the retailer  notifies  the deposit  management  organisation  that they no longer  supply 
deposit  items  at or on those  premises,  or 
(ii) the deposit  management  organisation  grants  a return  point  exemption  in respect  of 
those  premises; 
(b) cancel  a person’ s registration  as a mandatory  return  point  operator , if— 
(i) the person  notifies  the deposit  management  organisation  that they are no longer  an 
in-scope  retailer , or 
(ii) the deposit  management  organisation  grants  a return  point  exemption  in respect  of 
all of the in-scope  retailer ’s premises  which  are MRP  premises. 
(2) The deposit  management  organisation  may— 
(a) cancel  a scheme  retailer ’s registration  as a mandatory  return  point  operator  in respect 
of any particular  premises,  if the deposit  management  organisation  is satisfied  that the 
retailer  no longer  supplies  deposit  items  at or on those  premises  (without  a notification 
having  been  given  under  sub-paragraph  (1)(a)(i)); 
(b) cancel  a person’ s registration  as a mandatory  return  point  operator , if the deposit 
management  organisation  is satisfied  that the person  is no longer  an in-scope  retailer 
(without  a notification  having  been  given  under  sub-paragraph  (1)(b)(i)). 
(3) Before  cancelling  a person’ s registration  in accordance  with sub-paragraph  (2), the deposit 
management  organisation  must  notify  the person— 
(a) that it proposes  to cancel  the retailer ’s registration  in accordance  withsub-paragraph 
(2)(a) or (b), 
(b) of the date on which  the cancellation  of the registration  will take effect, and 
(c) state that the person  has a right  under  regulation  81 to ask the deposit  management 
organisation  to reconsider  its decision. 
(4) The date on which  the registration  is cancelled  must  not be before  the end of the 28-day 
period  from  the date of the cancellation  notice. 
70 regulation  35(6) SCHEDULE  3 
Return  point  exemptions 
Interpr etation  of Schedule  3 
1. —(1) In this Schedule — 
“exemption  application”  means  an application  made  under  paragraph  2(1); 
“exemption  holder” , in relation  to a return  point  exemption,  means  an MRP  retailer  to 
whom  the return  point  exemption  has, for the time being,  been  granted; 
“MRP  retailer”  means  a scheme  retailer  whose  business  consists  wholly  or mainly  of the 
sale or supply  of groceries  to scheme  consumers; 
“renewal  application”  means  an application  under  paragraph  6(3). 
(2) For the purposes  of this Schedule — 
(a) an exemption  application  is made  on the proximity  grounds  if it is made  on the grounds 
that— 
(i) there  is one or more  alternative  return  points  located  within  reasonable  proximity 
to the premises  specified  in the application,  and 
(ii) if the exemption  were  granted,  it would  not affect the deposit  management 
organisation’ s ability  to meet  the collection  targets (see regulation  82); 
(b) an exemption  application  is made  on the premises  grounds  if it is made  on the grounds 
that the location,  layout,  size, design,  or construction  of the specified  premises  does not 
permit,  or does not easily  permit,  or cannot  reasonably  be altered  to permit  the operation 
of a return  point  in respect  of those  premises. 
Applications  for return  point  exemptions 
2. —(1) A groceries  retailer  may apply  to the deposit  management  organisation  for a return 
point  exemption  in respect  of the premises  in the exemption  application. 
(2) An exemption  application  must  be made  on either  the proximity  grounds  or the premises 
grounds. 
(3) An exemption  application  must— 
(a) be made  in such form  and manner  as may be directed  by the deposit  management 
organisation, 
(b) contain  the application  information,  and 
(c) contain  such other  information  (if any) as the deposit  management  organisation  may 
direct. 
(4) In this paragraph , “the application  information”  means— 
(a) if an exemption  application  is made  on the proximity  grounds— 
(i) the size of the applicant; 
(ii) information  about  the alternative  return  point  or points  which  are located  in 
reasonable  proximity  to the specified  premises,  and 
(iii) confirmation  that the operator  of each of those  return  points  has been 
consulted  about  the retailer ’s application  for a return  point  exemption,  and 
71 none  of them  has objected  to the potential  increase  in the number  of 
returnable  items  likely  to be returned  to their return  point  if the return  point 
exemption  is granted; 
(iv) any further  information  the applicant  considers  may be relevant; 
(b) if an exemption  application  is made  on the premises  grounds,  information  which 
is sufficient  to demonstrate  that the location,  layout,  size, design  or construction 
of the specified  premises  does not permit,  does not easily  permit,  or, as the case 
may be, cannot  easily  be altered  to permit  the operation  of a return  point  in respect 
of those  premises; 
Decision  on applications  for return  point  exemptions 
3. —(1) Where  the deposit  management  organisation  receives  an exemption  application  from 
a groceries  retailer  (“the  applicant”),  it must,  within  a reasonable  time— 
(a) consider  the application  information  supplied  by the applicant  under  paragraph  2 of this 
Schedule,  and 
(b) in making  a decision  on the exemption  application,  have  regard  to all relevant  factors 
including— 
(i) the number  of applications  for exemption  made  in the proximity  of the applicant; 
(ii) the decisions  taken  with regard  to such other  applications; 
(iii) any representations  made  by members  of the public,  or by groups  representing 
sections  of the public,  regarding  exemptions  from  the requirement  to operate  a 
return  point. 
(2) The deposit  management  organisation  must— 
(a) subject  to sub-paragraph  (3), decide  whether  or not to grant  the return  point  exemption, 
and 
(b) give a notice  regarding  its decision  to the applicant. 
(3) The deposit  management  organisation  may not grant  an exemption  application  made  on the 
premises  grounds  if that application  is made  only on the grounds  that the particular  MRP  premises 
are located  in or on English  NHS  premises  or HSS premises. 
(4) A notice  under  sub-paragraph  (4) must  be in writing,  and— 
(a) if the deposit  management  organisation  grants  the exemption— 
(i) specify  the premises  in respect  of which  the exemption  is granted, 
(ii) specify  the date on which  the exemption  takes  effect, and 
(iii) include  a statement  that, unless  the exemption  is revoked  or renewed,  it will expire 
at the end of the period  of three  years  beginning  with that date; 
(b) if the deposit  management  organisation  refuses  the exemption— 
(i) state the reasons  for that decision,  and 
(ii) state that the groceries  retailer  has a right  under  regulation  77 to ask the deposit 
management  organisation  to reconsider  its decision. 
(5) In this paragraph— 
(a) “English  NHS  premises”  means— 
(i) any hospital  vested  in, or managed  by, an NHS  trust (established  under  section  25 
of the National  Health  Service  Act 2006 (a)), all or most  of whose  hospitals, 
(a) 2006  c.41. 
72 establishments  and facilities  are situated  in England,  or an NHS  foundation  trust 
(authorised  under  section  35 of that Act), 
(ii) any building  or other  structure,  or vehicle,  associated  with the hospital  and situated 
on the hospital  grounds  (whether  or not vested  in, or managed  by, the NHS  trust 
or NHS  foundation  trust),  and 
(iii) any hospital  grounds; 
(b) “hospital  grounds”  means  any land in the vicinity  of a hospital  and associated  with it. 
(c) “HSS  premises”  means— 
(i) any hospital  vested  in, or managed  by an HSS trust, 
(ii) any building  or other  structure,  or vehicle,  associated  with the hospital  and situated 
on the hospital  grounds  (whether  or not vested  in, or managed  by, the HSS trust), 
and 
(iii) any hospital  grounds; 
(d) “HSS  trust”  means  a Health  and Social  Care  Trust established  under  Article  10 of the 
Health  and Personal  Social  Services  (Northern  Ireland)  Order  1991 (a). 
Effect  of making  an application  for a return  point  exemption:  applications  ongoing  on 1st 
October  2027 
4. —(1) This paragraph  applies  where— 
(a) a groceries  retailer  makes  an exemption  application  before  1st October  2027,  and 
(b) the deposit  management  organisation  has not made  a decision  on that application  by the 
end of 30th September  2027. 
(2) Irrespective  of the final outcome  of the exemption  application,  the groceries  retailer  is not 
required  to operate  a return  point  in respect  of the premises  specified  in the exemption  application 
during  the period— 
(a) beginning  with 1st October  2027,  and 
(b) ending— 
(i) if the return  point  exemption  is granted,  immediately  before  the exemption  takes 
effect; 
(ii) if the return  point  exemption  is refused  and the retailer  has asked  the deposit 
management  organisation  to review  its decision  under  regulation  77, the end of the 
period  during  which  the review  is carried  out. 
Effect  of making  an application  for a return  point  exemption:  person  becoming  a groceries 
retailer  on or after  1st October  2027 
5. —(1) This paragraph  applies  where  a person  who becomes  a groceries  retailer  on or after 
1st October  2027  (a “new  retailer”)  makes  their first exemption  application. 
(2) The new retailer  is not required  to operate  a return  point  in respect  of the premises  specified 
in the exemption  application  during  the period— 
(a) beginning  with the day on which  the exemption  application  is made,  and 
(b) ending— 
(i) if the return  point  exemption  is granted,  immediately  before  the exemption  takes 
effect; 
(a) S.I. 1991/194  (NI 1). 
73 (ii) if the return  point  exemption  is refused,  at the end of the period  within  which  the 
retailer  may ask the deposit  management  organisation  to review  its decision  under 
regulation  77. 
Duration,  and renewal,  of a return  point  exemption 
6. —(1) A return  point  exemption— 
(a) continues  in force  for a period  of three  years  beginning  with the date specified  for the 
purposes  of paragraph  3(4)(a)(ii); 
(b) may be renewed  by the deposit  management  organisation  on one or more  occasions. 
(2) A return  point  exemption  may not on any occasion  be renewed  for a period  of more  than 
three  years. 
(3) An exemption  holder  may apply  for the return  point  exemption  to be renewed  at any time 
before  the exemption  expires. 
(4) The deposit  management  organisation  may only renew  a return  point  exemption  if— 
(a) a renewal  application  is made  by the exemption  holder , and 
(b) the grounds  on which  the exemption  was originally  granted  continue  to apply . 
(5) A renewal  application  must— 
(a) be made  in such form  and manner  as the deposit  management  organisation  may direct, 
(b) contain  the exemption  grounds  information,  and 
(c) such other  information  (if any) as the deposit  management  organisation  may direct. 
(6) In sub-paragraph  (5) “the exemption  grounds  information”  means— 
(a) if the exemption  was granted  on the proximity  grounds— 
(i) information  about  the alternative  return  point  or points  which  are located  in 
reasonable  proximity  to the specified  premises,  and 
(ii) confirmation  that the operator  of each of those  return  points  has been  consulted 
about  the retailer ’s application  for a return  point  exemption,  and each of those 
operators  has agreed  to continue  to accept  returnable  items  which  could  otherwise 
have  been  returned  the retailer  making  the renewal  application; 
(b) if the exemption  was granted  on the premises  grounds,  information  which  is sufficient 
to demonstrate  that the location,  layout,  size, design  or construction  of the specified 
premises  still does not permit,  does not easily  permit,  or, as the case may be, cannot 
easily  be altered  to permit  the operation  of a return  point  in respect  of those  premises. 
(7) Where  the deposit  management  organisation  receives  a renewal  application,  it must,  within 
a reasonable  period  of receiving  that application— 
(a) decide  whether  or not to renew  the relevant  return  point  exemption,  and 
(b) notify  the exemption  holder  of its decision. 
(8) A notice  under  sub-paragraph  (7)(b) must  be in writing  and— 
(a) if the deposit  management  organisation  renews  the return  point  exemption— 
(i) specify  the further  period  for which  the exemption  is to continue  in force,  and 
(ii) specify  the date at the end of which  the return  point  exemption  will expire  unless 
it is renewed  or revoked; 
(b) if the deposit  management  organisation  decides  not to renew  the return  point  exemption— 
(i) state the reasons  for that decision,  and 
74 (ii) state that the groceries  retailer  has a right  under  regulation  77 to ask the deposit 
management  organisation  to reconsider  its decision. 
(9) But this paragraph  is subject  to paragraphs  8 and 9. 
Duty  to notify  the deposit  management  organisation  of a relevant  change  of circumstances 
7. —(1) An exemption  holder  must  notify  the deposit  management  organisation  of any change 
of circumstances  relevant  to the grounds  on which  the relevant  return  point  exemption  was granted 
or, as the case may be, renewed. 
(2) A notice  under  sub-paragraph  (1) must  be given  to the deposit  management  organisation 
within  the period  of 28 days beginning  with the day on which  the change  occurs. 
Revocation  of a return  point  exemption  at the request  of the exemption  holder 
8. —(1) An exemption  holder  may request  that any return  point  exemption  granted  to them  be 
revoked. 
(2) A request  under  sub-paragraph  (1) must  be made  in such form  and manner  as the deposit 
management  organisation  may direct. 
(3) Where  the deposit  management  organisation  receives  a request  under  this paragraph , the 
deposit  management  organisation  must— 
(a) revoke  the relevant  return  point  exemption,  and 
(b) notify  the exemption  holder , in writing,  of the date on which  the revocation  of the return 
point  exemption  takes  effect. 
Revocation  of a return  point  exemption  on initiative  of the deposit  management  organisation 
9. —(1) The deposit  management  organisation  may revoke  a return  point  exemption  if the 
deposit  management  organisation  is satisfied  that— 
(a) there  has been a change  of circumstances  relevant  to the grounds  on which  the exemption 
was granted, 
(b) if the exemption  was granted  on the proximity  grounds,  the continuing  operation  of the 
exemption  will mean  that there  are scheme  consumers  who no longer  have  reasonable 
access  to a return  point. 
(2) Where  the deposit  management  organisation  proposes  to revoke  a return  point  exemption 
under  sub-paragraph  (1), the deposit  management  organisation  must  give the exemption  holder  a 
notice  (a “proposal  notice”). 
(3) A proposal  notice  must— 
(a) state the reasons  for which  the deposit  management  organisation  is proposing  to revoke 
the return  point  exemption, 
(b) specify  the day at the end of which  the return  point  exemption  will cease  to have  effect, 
if the proposal  is upheld, 
(c) specify— 
(i) the form  and manner  in which  any representations  are to be made  to the deposit 
management  organisation  about  the proposal,  and 
(ii) the period  within  which  any such representations  must  be made,  which  may not 
be less than 28 days from  the date the proposal  notice  was given. 
(4) The deposit  management  organisation— 
75 (a) must  consider  any representations  made  to it in the specified  form  and manner  and by 
the specified  date; 
(b) may reject  any representations  that are made  otherwise  than in the specified  form  and 
manner  or after the specified  date (or both). 
(5) The deposit  management  organisation  must  notify  the exemption  holder  in writing  of its 
decision. 
(6) Where  the deposit  management  organisation  decides  to proceed  with the revocation  of the 
relevant  return  point  exemption,  the deposit  management  organisation  must  give the exemption 
holder  a revocation  notice. 
(7) A revocation  notice  must  be in writing  and must— 
(a) state that the relevant  return  point  exemption  is being  revoked,  and the reasons  why, 
(b) specify  the day at the end of which  the return  point  exemption  will cease  to have  effect, 
and 
(c) state that the exemption  holder  has the right  under  regulation  81 to ask the deposit 
management  organisation  to reconsider  its decision. 
(8) A notice  under  sub-paragraph  (5), together  with any revocation  notice,  must  be given  before 
the end of the period  of seven  days beginning  with the day on which  the deposit  management 
organisation  makes  its decision. 
(9) The day specified  for the purposes  of sub-paragraph  (7)(b)  may not be before  the end of 
the 28-day  period  specified  for the purposes  of regulation  81. 
regulations  39 and 42 SCHEDULE  4 
Voluntary  operation  of return  points  and provision  of take-back  services 
PART 1 
Introductory 
Interpr etation  of Schedule  4 
1. In this Schedule — 
“the applicant  information”  means— 
(a) the name  of the person  making  the application  and, if different,  their business 
name, 
(b) the address  and telephone  number  for the person’ s registered  or principal  office, 
(c) an address  for service  if different  from  the address  mentioned  in sub-paragraph 
(b), 
(d) where  the person  making  the application  is a company , the company  registration 
number , 
(e) where  the person  making  the application  is a partnership,  the names  of all of the 
partners,  and 
(f) the name  and contact  details  (including  an email  address  where  available)  of the 
person  appointed  as the point  of contact  in connection  with the application; 
“notice”  means  a notice  in writing; 
76 “the RP authorisation  information”  means— 
(a) the address  of the premises  at or on which  it is proposed  to operate  a return  point, 
(b) information  about  the accessibility  of the return  point,  including— 
(i) its proposed  location, 
(ii) the access  routes  to it, and 
(iii) its proposed  hours  of operation, 
(c) the type of return  point  that the person  making  the application  proposes  to operate, 
and 
(d) information  which  demonstrates— 
(i) that the person  making  the application  has sufficient  resources  to set up and 
operate  the return  point  for a period  of at least 12 months, 
(ii) the number  of returnable  items  that the person  making  the application 
estimates  will be returned  to the return  point  each month,  and the basis  for 
that estimate,  and 
(iii) how the person  making  the application  intends  to manage  the expected 
volume  of returns  of returnable  items; 
“the TBS authorisation  information”  means  information  which  demonstrates— 
(a) that the scheme  retailer  applying  for registration  has sufficient  resources  to set 
up and operate  the proposed  take-back  service  for at least 12 months, 
(b) the number  of returnable  items  that the scheme  retailer  estimates  will be collected 
during  each month  and the basis  for that estimate,  and 
(c) how the scheme  retailer  intends  to manage  the expected  volume  of returns  of 
returnable  items. 
PART 2 
Application  for appointment  as a collection  administrator 
Application  for appointment  as a collection  administrator 
2. —(1) Any person,  other  than a person  who is a scheme  producer  or a scheme  supplier , may 
apply  to the deposit  management  organisation  to be appointed  as a collection  administrator . 
(2) An application  under  this paragraph  must— 
(a) be made  in such form  and manner  as the deposit  management  organisation  may direct, 
(b) contain  the applicant  information,  and 
(c) contain  such other  information  (if any) as the deposit  management  organisation  may 
direct. 
(3) Where  the relevant  person  is a partnership,  the application  must,  if made  by only one partner , 
be made  by that partner  on behalf  of all of the partners. 
Decision  on application 
3. —(1) Where  the deposit  management  organisation  receives  an application  under  paragraph 
2, the deposit  management  organisation  must,  within  a reasonable  period  of receiving  the 
application— 
(a) decide  whether  to grant  or refuse  the application,  and 
77 (b) give the applicant  a notice  of its decision. 
(2) A notice  under  sub-paragraph  (1)(b) must— 
(a) where  the deposit  management  organisation  grants  the application,  specify  the date on 
which  the appointment  takes  effect; 
(b) where  the deposit  management  organisation  refuses  the application— 
(i) state the reasons  for the decision,  and 
(ii) state that the applicant  has a right under  regulation  77 to ask the deposit  management 
organisation  to reconsider  its decision. 
Duration  of appointment  as a collection  administrator 
4. A person’ s appointment  as a collection  administrator  has effect until revoked  by the deposit 
management  organisation. 
PART 3 
Application  for authorisation  to operate  a return  point 
Application  for authorisation  to operate  a return  point  at or on any in-scope  premises 
5. —(1) A scheme  duty-holder  may apply  to the deposit  management  organisation  to operate 
a return  point  at or on an in-scope  premises. 
(2) An application  under  this paragraph  must— 
(a) be made  in such form  and manner  as the deposit  management  organisation  may direct, 
and 
(b) contain— 
(i) the applicant  information, 
(ii) the RP authorisation  information,  and 
(iii) such other  information  (if any) as the deposit  management  organisation  may direct. 
(3) Where  the scheme  duty-holder  is a partnership,  the application  must  be made  by one of the 
partners  on behalf  of all of the partners. 
(4) In this paragraph  “scheme  duty-holder”  means— 
(a) a scheme  producer , 
(b) a scheme  supplier , or 
(c) a collection  administrator . 
Decision  on application 
6. —(1) Where  the deposit  management  organisation  receives  an application  under  paragraph 
5, the deposit  management  organisation  must,  within  a reasonable  period  of receiving  the 
application— 
(a) decide  whether  to grant  or refuse  the application,  and 
(b) notify  the applicant  of its decision. 
(2) A notice  under  sub-paragraph  (1)(b) must— 
(a) where  the deposit  management  organisation  grants  the application,  specify  the date on 
which  the authorisation  takes  effect; 
78 (b) where  the deposit  management  organisation  refuses  the application  must— 
(i) state the reasons  for that decision,  and 
(ii) state that the applicant  has a right under  regulation  77 to ask the deposit  management 
organisation  to reconsider  its decision. 
Duration  of a person’ s authorisation  to operate  a return  point 
7. A person’ s authorisation  to operate  a return  point  at the premises  in respect  of which  the 
authorisation  was granted  has effect until it is revoked  by the deposit  management  organisation. 
PART 4 
Registration  of scheme  retailer  as provider  of a take-back  service 
Registration  of a scheme  retailer  as a take-back  service  provider 
8. —(1) A scheme  retailer  may make  an application  to the deposit  management  organisation 
for registration  as a take-back  service  provider . 
(2) Where  the scheme  retailer  is a partnership,  the application  must,  if made  by only one partner , 
be made  by that partner  on behalf  of all of the partners. 
(3) A registration  application  must— 
(a) be made  in such form  and manner  as the deposit  management  organisation  may direct, 
(b) contain  the applicant  information,  and 
(c) contain  such other  information  (if any) as the deposit  management  organisation  may 
direct. 
Decision  on application 
9. —(1) Where  the deposit  management  organisation  receives  a registration  application  under 
paragraph  8, the deposit  management  organisation  must,  within  a reasonable  period  of receiving 
the application— 
(a) decide  whether  to grant  or refuse  the application,  and 
(b) give the applicant  a notice  of its decision. 
(2) A notice  under  sub-paragraph  (1)(b) must— 
(a) where  the deposit  management  organisation  grants  the application,  specify  the date on 
which  the authorisation  takes  effect; 
(b) where  the deposit  management  organisation  refuses  the application  must— 
(i) state the reasons  for that decision,  and 
(ii) state that the applicant  has a right under  regulation  77 to ask the deposit  management 
organisation  to reconsider  its decision. 
Duration  of a scheme  retailer ’s registration  as a take-back  service  provider 
10. A scheme  retailer ’s registration  as a take-back  service  provider  has effect until it is revoked 
by the deposit  management  organisation. 
79 PART 5 
Information 
Duty  to notify  the deposit  management  organisation  of a change  in the applicant  information, 
RP authorisation  information  or TBS  information 
11. —(1) A collection  administrator  must  notify  the deposit  management  organisation  if there 
is any change  in the applicant  information  submitted  in connection  with that person’ s appointment. 
(2) A person  who is authorised  to operate  a return  point  at or on a particular  premises  must 
notify  the deposit  management  organisation  if there  is any change  in the RP authorisation 
information  submitted  in connection  with that person’ s authorisation. 
(3) A scheme  retailer  who is registered  to provide  take-back  services  must  notify  the deposit 
management  organisation  if there  is any change  in the applicant  information  or the TBS information 
submitted  in connection  with that person’ s registration. 
(4) A notice  under  this paragraph  must  be given  within  the period  of 28 days beginning  with 
the date on which  the change  occurs. 
PART 6 
Revocation  of appointment  or authorisation 
Revocation  of appointment  or authorisation  on request 
12. —(1) The deposit  management  organisation  must,  if requested  to do so by a person  appointed 
as a collection  administrator , revoke— 
(a) the person’ s appointment  as such,  and 
(b) any authorisation  given  to the person  to operate  a return  point  at or on any particular 
premises. 
(2) The deposit  management  organisation  must,  if requested  to do so by the person  authorised 
to operate  a return  point  at or on a particular  premises,  revoke  the person’ s authorisation  to operate 
that return  point. 
(3) The deposit  management  organisation  must,  if requested  to do so by the scheme  retailer , 
revoke  the scheme  retailer ’s registration  as a take-back  service  provider . 
(4) Where  the deposit  management  organisation  revokes  a person’ s appointment,  authorisation 
or registration  under  this paragraph , the deposit  management  organisation  must  give the person 
a notice,  specifying  the day at the end of which  the appointment,  authorisation  or, as the case 
may be, registration,  ceases  to have  effect. 
Revocation  of appointment  or authorisation  on initiative  of the deposit  management 
organisation 
13. —(1) The deposit  management  organisation  may revoke— 
(a) a person’ s appointment  as a collection  administrator  together  with all of the authorisations 
that the person  has to operate  return  points  at or on particular  premises, 
(b) a person’ s authorisation  to operate  a return  point  at or on a particular  premises,  or 
(c) a scheme  retailer ’s registration  to provide  take-back  services, 
80 otherwise  than following  a request  under  paragraph  12. 
(2) The deposit  management  organisation  may only revoke  a person’ s appointment  and 
authorisations  under  sub-paragraph  (1)(a) on one of the following  grounds— 
(a) the person  has failed  to comply  with any of their obligations  as a scheme  collector  under 
or in connection  with the Scheme; 
(b) there  has been  a change  of circumstances  since  the CA appointment  was made. 
(3) The deposit  management  organisation  may only revoke  a person’ s authorisation  under 
sub-paragraph  (1)(b) on one of the following  grounds— 
(a) the person  has failed  to comply  with any of their obligations  as a scheme  collector  under 
or in connection  with the Scheme; 
(b) there  has been  a change  of circumstances  since  the authorisation  was granted,  including 
any change  such that— 
(i) the location,  layout,  design,  or construction  of the premises  to which  the 
authorisation  relates  can no longer , or can no longer  easily  permit  the operation  of 
a return  point  and cannot  be reasonably  altered  to allow  the continued  operation 
of a return  point; 
(ii) the operation  of the return  point  to which  the authorisation  relates  is no longer 
viable. 
(4) The deposit  management  organisation  may only revoke  a scheme  retailer ’s registration  to 
provide  take-back  services  under  sub-paragraph  (1)(c) on one of the following  grounds— 
(a) the scheme  retailer  has failed  to comply  with any of their obligations  as a scheme 
collector  under  or in connection  with the Scheme; 
(b) there  has been  a change  of circumstances  since  the registration  was granted; 
(c) the take-back  service  is no longer  viable. 
(5) Where  the deposit  management  organisation  proposes  to revoke  an appointment,  authorisation 
or registration,  it must  give that person  a proposal  notice. 
(6) A proposal  notice  must— 
(a) state the reasons  for which  the deposit  management  organisation  is proposing  to revoke 
the appointment,  authorisation  or registration, 
(b) specify  the day at the end of which  the revocation  is expected  to take effect, if the 
proposal  is upheld,  and 
(c) specify  the form  and manner  in which,  and the period  within  which  the relevant  person 
may make  representations  to the deposit  management  organisation  about  the proposed 
revocation,  which  may not be less than 28 days from  the date of the proposal  notice. 
(7) The deposit  management  organisation— 
(a) must  consider  any representations  made  to it in the specified  form  and manner  and by 
the specified  date; 
(b) must  consider  any representations  made  otherwise  than in the specified  form  or manner 
or after the specified  date (or both). 
(8) The deposit  management  organisation  must  notify  the scheme  producer  in writing  of its 
decision. 
(9) Where  the deposit  management  organisation  decides  to proceed  with the revocation  of a 
person’ s appointment,  authorisation  or registration,  it must  give the person  a notice  which— 
(a) states  the reasons  for that decision, 
(b) specifies  the day at the end of which  the revocation  will take effect, and 
81 (c) state that the person  has a right  under  regulation  77 to ask the deposit  management 
organisation  to reconsider  its decision. 
(10) The date specified  for the purposes  of sub-paragraph  (9)(b) may not be before  the end of 
the 28-day  period  specified  in regulation  77. 
regulation  51 SCHEDULE  5 
Appointment  etc. of the deposit  management  organisation 
PART 1 
Introductory 
Interpr etation  of Schedule  5 
1. In this Schedule — 
“DMO  applicant”  means  a person  who makes  a DMO  appointment  application; 
“the DMO  application  period”  means— 
(a) a period  of during  which  DMO  appointments  applications  may be made,  or 
(b) where  no DMO  appointment  applications  are made  before  the end of that period, 
or a person’ s appointment  as the deposit  management  organisation  is, or is to be, 
revoked,  such other  period  as may be determined; 
“DMO  appointment  application”  means  an application  to be appointed  as the deposit 
management  organisation; 
“DMO  function”  means  a function  conferred  on the deposit  management  organisation  by 
or under  the Scheme; 
“not-for-profit  body  corporate”  means  a body  corporate  which  uses money  earned  by, or 
donated  to, that body  corporate  solely  to pursue  its objectives  and which  does not distribute 
income  to its members,  directors,  or officers; 
“notice”  means  a notice  in writing; 
“specified”  means  specified  in a notice  given  by the Secretary  of State. 
PART 2 
Appointment  of the deposit  management  organisation 
Application  for appointment  as the deposit  management  organisation 
2. —(1) A person  may make  a DMO  appointment  application  to the Secretary  of State  before 
the end of the DMO  application  period. 
(2) A DMO  appointment  application  must— 
(a) be in writing, 
(b) be made  in the specified  manner , 
(c) contain  the information  specified  in sub-paragraph  (3), and 
82 (d) contain  such other  information  (if any) as may be specified. 
(3) The information  mentioned  in sub-paragraph  (2)(c) is— 
(a) the name  and, if different,  the business  name  of the DMO  applicant, 
(b) the address  and telephone  number  of the DMO  applicant’ s registered  or principal  office, 
(c) an address  for service  if different  from  the address  mentioned  in paragraph  (b), 
(d) information  that is sufficient  to demonstrate  that— 
(i) the DMO  applicant  is a not-for-profit  body  corporate,  and 
(ii) the DMO  applicant  is likely  to continue  in existence  as a not-for-profit  body 
corporate  for a period  of at least five years  beginning  with the end of the DMO 
application  period,  and 
(e) a plan for the administration  of the Scheme  and the exercise  of the DMO  functions 
(referred  to in these  Regulations  as an “operational  plan”)  which  is sufficient  to 
demonstrate  that the DMO  applicant  is suitable  to be appointed  as the deposit  management 
organisation. 
Decision  on DMO  appointment  applications 
3. —(1) The Secretary  of State  must,  as soon  as is reasonably  practicable  after the end of the 
DMO  application  period— 
(a) having  assessed  each DMO  appointment  application  received  before  the end of that 
period  determine  which  DMO  applicant  is proposed  to be appointed  as the successful 
DMO  applicant, 
(b) obtain  the consent  of DAERA  to the proposed  appointment  of the successful  DMO 
applicant,  and 
(c) give each DMO  applicant  a notice  of the decision  made  in respect  of their DMO 
appointment  application. 
(2) The Secretary  of State  may only propose  that a DMO  applicant  is appointed  as the deposit 
management  organisation  if the Secretary  of State  is satisfied  that the DMO  applicant— 
(a) is a not-for-profit  body  corporate  but is not a charity , and 
(b) is suitable  for appointment  as the deposit  management  organisation,  having  regard  in 
particular  to— 
(i) the level  of support  for the DMO  applicant’ s DMO  application  amongst  scheme 
producers  and scheme  suppliers; 
(ii) the DMO  applicant’ s proposed  finance  strategy , including  in particular  how the 
DMO  applicant  intends  to ensure  that the Scheme  becomes  and remains 
self-financing; 
(iii) the DMO  applicant’ s proposed  strategy  for ensuring  that the views  of all scheme 
producers  and scheme  suppliers  (irrespective  of their size),  and of consumers,  are 
obtained  and taken  into account  in the carrying  out of the DMO  functions; 
(iv) the DMO  applicant’ s proposed  strategy  for minimising  the environmental  impact 
of the Scheme  and facilitating  the recycling  of in-scope  material; 
(v) the arrangements  which  the DMO  applicant  intends  to put in place  to ensure 
cooperation  with any scheme  administrator  of another  deposit  scheme  or any Scottish 
deposit  administrator  of a Scottish  deposit  and return  scheme,  in particular  in 
connection  with— 
(aa) the operation  of the Scheme; 
83 (bb) the operation  of the other  deposit  schemes; 
(cc) the operation  of the Scottish  deposit  and return  schemes; 
(dd) facilitating  and improving  the ease of return  by consumers  of drinks 
containers  purchased  in one part of the United  Kingdom  and returned  in 
another  part of the United  Kingdom; 
(ee) facilitating  and improving  the registration  process  for those  who produce, 
or import,  drinks  for the UK market; 
(vi) the DMO  applicant’ s proposed  strategy  for reducing  and eliminating  any fraud  in 
the Scheme; 
(vii) the purposes  for which  the DMO  proposes  to use any amounts  which  they are 
permitted  to retain  under  the Scheme  but which  are not needed  to finance  the 
Scheme  itself. 
(3) A notice  under  sub-paragraph  (1)(c) must— 
(a) if the Secretary  of State  grants  the DMO  applicant’ s DMO  appointment  application  and 
DAERA  consents  the appointment— 
(i) state that the application  has been  granted, 
(ii) specify  the date on which  the person’ s appointment  as the deposit  management 
organisation  take effect, and 
(iii) state the DMO  appointment  conditions  (if any); 
(b) if the Secretary  of State  refuses  the DMO  applicant’ s DMO  appointment  application— 
(i) state the reasons  for the decision,  and 
(ii) state that the DMO  applicant  may appeal  against  the decision,  and include  a 
statement,  in general  terms,  as to how such an appeal  may be brought. 
(4) Where  there  are two or more  DMO  applicants,  the date specified  for the purposes  of 
sub-paragraph  (3)(a)(ii) may not be before  the end of the period  within  which  a person  may bring 
an appeal  against  the decision  to refuse  their DMO  appointment  application  (disregarding  any 
extension  of that period). 
(5) In this paragraph  “charity”  means  a body  established  for charitable  purposes  only (whether 
or not it is registered  as a charity  in any part of the United  Kingdom). 
PART 3 
Revocation  of a person’ s appointment  as deposit  management  organisation 
Revocation  of a person’ s appointment  as the deposit  management  organisation:  on notice 
4. —(1) The person  appointed  as the deposit  management  organisation  (“the  resigning  DMO”) 
may give notice  (a “revocation  notice”)  to the Secretary  of State  statings  that they wish  to cease 
to be the deposit  management  organisation. 
(2) If the Secretary  of State  receives  a revocation  notice,  the Secretary  of State  must— 
(a) revoke  the resigning  DMO’ s appointment  as the deposit  management  organisation,  and 
(b) give the resigning  DMO  a notice  which  specifies  the date on which  the revocation  takes 
effect. 
(3) The date specified  for the purposes  of sub-paragraph  (2)(b) may not be before  the end of 
the period  of 18 months  beginning  with the date on which  the Secretary  of State  receives  the 
revocation  notice. 
84 Revocation  of a person’ s appointment  as the deposit  management  organisation:  discr etion 
of the Secretary  of State 
5. —(1) The Secretary  of State  may, with the consent  of DAERA,  revoke  a person’ s appointment 
as the deposit  management  organisation  if— 
(a) it appears  to the Secretary  of State  that the person— 
(i) has been  convicted  of an offence  involving  financial  impropriety  or fraud; 
(ii) has become  bankrupt; 
(iii) has become  subject  to insolvency  or winding-up  proceedings; 
(iv) has had assets  made  subject  to administration  or receivership,  including  by a 
liquidator  or court, 
(v) has entered  into an arrangement  with the person’ s creditors; 
(vi) has become  subject  to a petition  or application  for any such procedures  or 
arrangements  referred  to in sub-paragraphs  (ii) to (v);or 
(vii) has, in any jurisdiction,  been  subject  to a procedure  or an application  which 
corresponds  to any procedure  or application  mentioned  in sub-paragraphs  (ii) to 
(v); 
(viii) has failed  for three  years  to meet  the collection  targets for a deposit  management 
organisation; 
(ix) has knowingly  or recklessly  supplied  false  information  in connection  with its DMO 
appointment  application  or in connection  with any of its obligations  as the deposit 
management  organisation  under  or in connection  with the Scheme; 
(x) has failed  to comply  with notices  or fines issued  by a national  enforcement  authority; 
(xi) has repeatedly  refused  or failed  to pay NEA  costs  after being  invoiced  for those 
costs; 
(xii) has failed  to meet  one or more  of that person’ s conditions  of appointment;  or 
(b) the person  has notified  the Secretary  of State  of a change  of circumstances  which  the 
Secretary  of State  considers  is likely  to prevent  the person  from  complying  with that 
person’ s conditions  of appointment. 
(2) The Secretary  of State— 
(a) must  revoke  a person’ s appointment  as the deposit  management  organisation  if the 
Secretary  of State  considers— 
(i) that a mandatory  exclusion  ground  set out in Schedule  6 to the Procurement  Act 
2023 (a) (mandatory  exclusion  grounds)(“the  2023  Act”),  applies  to that person  or 
to a connected  person,  and 
(ii) the circumstances  giving  rise to the application  of the exclusion  ground  are 
continuing  or likely  to occur  again,  or 
(iii) the person,  or a connected  person,  is on the debarment  list under  section  62 of the 
2023  Act (debarment  list) by virtue  of a mandatory  exclusion  ground  set out in 
Schedule  6 to that Act. 
(b) may, with the consent  of DAERA,  revoke  a person’ s appointment  as the deposit 
management  organisation  if the Secretary  of State  considers— 
(a) 2023  c.54. 
85 (i) that a discretionary  exclusion  ground  set out in Schedule  7 to the 2023  Act 
(discretionary  exclusion  grounds)  applies  to that person  or to a connected  person, 
and 
(ii) the circumstances  giving  rise to the application  of the exclusion  ground  are 
continuing  or likely  to occur  again,  or 
(iii) the person,  or a connected  person,  is on the debarment  list under  section  62 of the 
2023  Act by virtue  of a discretionary  exclusion  ground  set out in Schedule  7 to 
that Act. 
(3) In this regulation,  “connected  person”  has the same  meaning  as that given  to “connected 
person”  in paragraph  45 of Schedule  6 to the 2023  Act in relation  to a supplier . 
(4) If the Secretary  of State  proposes  to revoke  a person’ s appointment  as the deposit 
management  organisation  it must  give the person  a proposal  notice. 
(5) A proposal  notice  must— 
(a) state that the Secretary  of State,  with the consent  of DAERA,  proposes  to revoke  the 
person’ s appointment  as the deposit  management  organisation,  and why, 
(b) specify  the date on which  the revocation  is proposed  to take effect, 
(c) state that the person  may make  representations  in connection  with the proposed  revocation 
of their appointment,  and 
(d) specify  the form  and manner  in, and date by, which  any such representations  must  be 
made  to the Secretary  of State. 
(6) The date specified  for the purposes  of sub-paragraph  (5)(b) must  not be before  the end of 
the period  within  which  the person  may make  an application  for a review  of the decision  to 
revoke  their appointment  as the deposit  management  organisation  (disregarding  any extension  of 
that period). 
(7) The Secretary  of State— 
(a) must  consider  any representations  that are made  in the specified  form  and manner , and 
by the specified  date; 
(b) may disregard  any representations  that are not made  in the specified  form  and manner 
or are made  after the specified  date. 
(8) The Secretary  of State  must  notify  the deposit  management  organisation  in writing  of the 
decision. 
(9) The Secretary  of State  must  give a copy  of any notice  under  sub-paragraph  (8) to DAERA. 
(10) Where  the Secretary  of State  decides  to proceed  with the proposed  revocation,  the Secretary 
of State  must  give that person  a revocation  notice. 
(11) The revocation  notice  must— 
(a) state that the person’ s appointment  as the deposit  management  organisation  has been 
revoked,  and 
(b) specify  the date on which  the revocation  takes  effect. 
(12) The Secretary  of State  must  give a copy  of any revocation  notice  to DAERA. 
Transfer  of assets  etc. 
6. —(1) The Secretary  of State  may transfer  relevant  property , rights  and liabilities  of the 
outgoing  DMO  to the new DMO,  or to the Secretary  of State  as interim  scheme  administrator , 
as a consequence  of the outgoing  DMO  ceasing  to be the deposit  management  organisation. 
86 (2) The relevant  property , rights  and liabilities  of the outgoing  DMO  that may be transferred 
under  paragraph  (1) are as follows— 
(a) data created  and compiled  specifically  for the scheme; 
(b) land assets; 
(c) intellectual  property , including  scheme  branding; 
(d) deposits; 
(e) IT systems; 
(f) contracts  entered  into by the outgoing  DMO  for the purpose  of the scheme; 
(g) collection  and processing  infrastructure; 
(h) staff and human  resources  systems. 
(3) The Secretary  of State  may only transfer  such of the relevant  property , rights  and liabilities 
set out in paragraph  (2) as constitute  the minimum  assets  required  to keep  the scheme  operational 
and to protect  consumer  interests. 
(4) The transfer  of any property , rights  and liabilities  is effective  on the new appointment  date. 
(5) The property , rights  and liabilities  that may be transferred  under  this paragraph  include 
property , rights  and liabilities  that would  not otherwise  be capable  of being  transferred  or assigned 
by the outgoing  DMO. 
(6) A transfer  of property , rights  and liabilities  under  this paragraph  takes  effect despite  the 
absence  of any required  consent  or concurrence  to or with the transfer  and as if— 
(a) no liability  existed  in respect  of a contravention  of a requirement  for consent  or 
concurrence,  and 
(b) there  were  no interference  with any property  or right, 
that would  otherwise  exist by reason  of any provision  (whether  under  any enactment  or agreement 
or otherwise)  having  effect in relation  to the terms  on which  the outgoing  DMO  is entitled  to the 
property  or right,  or subject  to the liability , in question. 
(7) For the purposes  of this paragraph  any property , right  or liability  of the outgoing  DMO  is 
relevant  property , or a relevant  right  or liability , only if it was acquired  by, or the outgoing  DMO 
became  subject  to it, in the course  of the exercise  of its functions  as the deposit  management 
organisation  under  or in connection  with the Scheme. 
(8) In this paragraph  and paragraph  7— 
“the new appointment  date”  means  the date on which  the new DMO’ s appointment  takes 
effect; 
“the new DMO”  means  the person  next appointed  as the deposit  management  organisation 
following  the revocation  of the outgoing  DMO's  appointment; 
“the outgoing  DMO”  means  the person  whose  appointment  as the deposit  management 
organisation  is revoked  under  paragraph  4 or 5. 
Transitional  provision  in connection  with  paragraph  6 
7. —(1) Anything  that— 
(a) is done  (or has effect as if done)  by or in relation  to the outgoing  DMO  in respect  of 
any property , right  or liability  transferred  to the new DMO  under  paragraph  6, and 
(b) has effect immediately  before  the new appointment  date, 
is to be treated  as done  by or in relation  to the new DMO. 
87 (2) There  may be continued  by or in relation  to the new DMO  anything  (including  legal 
proceedings)  that— 
(a) relates  to any property , right  or liability  transferred  under  paragraph  6, and 
(b) is in the process  of being  done  by, on behalf  of or in relation  to the outgoing  DMO 
immediately  before  the new appointment  date. 
PART 4 
Appeals  in connection  with Parts  2 and 3 
Right  of appeal 
8. —(1) A DMO  applicant  may appeal  against  a decision  of the Secretary  of State  to refuse 
their DMO  appointment  application. 
(2) A person  may appeal  against  a decision  of the Secretary  of State  under  paragraph  5 to 
revoke  their appointment  as the deposit  management  organisation. 
(3) An appeal  under  sub-paragraph  (1) or (2) is to the First-tier  Tribunal. 
regulation  92 SCHEDULE  6 
Civil  Sanctions 
PART 1 
Introductory 
Interpr etation  of Schedule  6 
1. In this Schedule — 
“FMP”  means  a fixed  monetary  penalty; 
“VMP”  means  a variable  monetary  penalty . 
PART 2 
The Table of Civil  Sanctions 
enfor cement 
undertaking compliance 
notice VMP FMP 
(amount) Requir ement  or act 
Scheme  producers 
Yes Yes Yes No Regulation  10 and Part 1 of Schedule  1 
(registration) 
Yes Yes Yes No Regulation  12(1)(a)  or (b) (requirement  to 
make  or keep  records) 
88 enfor cement 
undertaking compliance 
notice VMP FMP 
(amount) Requir ement  or act 
Yes Yes Yes No Regulation  13(4) (requirement  to comply  with 
a direction  to provide  information) 
Yes Yes Yes No Providing  information  in response  to an 
information  notice  under  regulation  13, or to 
an application  for registration  under  paragraph 
2 of Schedule  1, or under  paragraph  4 or 5 
of Schedule  1, where—  (a) the person 
providing  the information  knows  it to be false 
or misleading  in a material  particular , or (b) 
the person  providing  it does so recklessly  and 
the information  is false  or misleading  in a 
material  particular . 
Yes Yes Yes No Providing  information  in an application  under 
regulation  18 for registration  of an SP 
container  drink  as a low volume  product, 
where—  (a) the person  providing  the 
information  knows  it to be false or misleading 
in a material  particular , or (b) the person 
providing  it does so recklessly  and the 
information  is false or misleading  in a material 
particular . 
Yes Yes Yes No Regulation  21 (requirement  to pay a producer 
registration  fee) 
Yes Yes Yes No Regulation  22 (requirement  to pay deposits  to 
the deposit  management  organisation) 
Yes Yes Yes No Regulation  83 (recycling  targets) 
Scheme  suppliers 
No Yes No Yes 
(£1,000) Regulation  23 (prohibition  on supply  of items 
from  a scheme  producer  not registered  with 
the deposit  management  organisation) 
No Yes No Yes 
(£1,000) Regulation  24(1)(a) (requirement  for deposit 
item to carry  scheme  logo) 
No Yes No Yes 
(£1,000) Regulation  24(1)(b) (requirement  for deposit 
item to carry  scheme  return  code) 
No Yes No Yes 
(£1,000) Regulation  24(2) (requirement  for scheme 
multipack  to carry  scheme  packaging  logo) 
No Yes No Yes 
(£1,000) Regulation  25(1) (prohibition  on supply  of a 
low volume  product  carrying  a scheme  logo 
or scheme  return  code) 
89 enfor cement 
undertaking compliance 
notice VMP FMP 
(amount) Requir ement  or act 
No Yes No Yes 
(£1,000) Regulation  26(1) or (6) (requirement  to 
provide  or display , or provide  for display , the 
Scheme  information 
No Yes No Yes 
(£500) Regulation  27(1) (requirement  to provide  or 
display , or provide  for display , the LVP 
information) 
No Yes No Yes 
(£1,000) Regulation  28(1) (requirement  to charge a 
deposit),  where  the scheme  supplier  is a 
scheme  retailer 
Yes Yes Yes No Regulation  28(1), where  the scheme  supplier 
is not a scheme  retailer 
No Yes No Yes 
(£500) Regulation  29(1) (requirement  to display 
opt-out  information) 
Yes Yes Yes No Regulation  30(4) (requirement  to comply  with 
a direction  to provide  information) 
Yes Yes Yes No Providing  information  in response  to a notice 
under  regulation  30 where—  (a) the person 
providing  the information  knows  it to be false 
or misleading  in a material  particular , or (b) 
the person  providing  it does so recklessly  and 
the information  is false  or misleading  in a 
material  particular . 
Return  of returnable  items 
No Yes No Yes 
(£1,000) Regulation  35(1) 
(requirement  to operate  a return  point) 
Yes Yes Yes No Regulation  35(4) and (5) and Schedule  2 
(requirement  to register , or renew  registration, 
with the deposit  management  organisation  as 
a mandatory  return  point  operator) 
Yes Yes Yes No Providing  information  under  paragraph  2, or 
4 of Schedule  2 where—  (a) the person 
providing  the information  knows  it to be false 
or misleading  in a material  particular , or (b) 
the person  providing  it does so recklessly  and 
the information  is false  or misleading  in a 
material  particular . 
Yes Yes Yes No Providing  information  under Paragraph  7 of 
Schedule  3 (return  point  exemption:  duty to 
notify  deposit  management  organisation  of 
change  of circumstances 
90 enfor cement 
undertaking compliance 
notice VMP FMP 
(amount) Requir ement  or act 
Yes Yes Yes No Providing  information  under  paragraph  2, 7 
or 9 of Schedule  3 where—  (a) the person 
providing  the information  knows  it to be false 
or misleading  in a material  particular , or (b) 
the person  providing  it does so recklessly  and 
the information  is false  or misleading  in a 
material  particular . 
No Yes No Yes 
(£500) Regulation  37(1) (requirement  to display 
information  where  no return  point  is operated) 
No Yes No Yes 
(£500) Regulation  41 (requirement  to display 
information  at a return  point) 
No Yes No Yes 
(£1,000) Regulation  42 (requirement  to be a scheme 
retailer  and registered  in order  to provide  a 
take-back  service) 
No Yes No Yes 
(£500) Regulation  43(1) or (5) (requirement  to 
provide  or display  information  about  a 
take-back  service) 
Yes Yes Yes No Providing  information  in an application  under 
paragraph  2, 5 or 8 of Schedule  4 of that 
Schedule,  where—  (a) the person  providing 
the information  knows  it to be false  or 
misleading  in a material  particular , or (b) the 
person  providing  it does so recklessly  and the 
information  is false or misleading  in a material 
particular . 
Yes Yes Yes No Paragraph  11 of Schedule  4 (duty  to notify 
the deposit  management  organisation  of a 
change  in information) 
No Yes No Yes 
(£500) Regulation  48(1), (2) or (3)(b) (requirements 
as to the payment  of the total return  amount) 
No Yes No Yes 
(£1,000) Regulation  49 (requirement  to retain  returnable 
items) 
Yes Yes Yes No Regulation  50 (requirement  to retain  or return 
returnable  items) 
The deposit  management  organisation 
Yeo Yes Yes No regulation  52(3) (requirement  to comply  with 
conditions  of appointment) 
Yes Yes Yes No regulation  53(1) (requirement  to act in 
accordance  with operational  plan) 
91 enfor cement 
undertaking compliance 
notice VMP FMP 
(amount) Requir ement  or act 
Yes Yes Yes No Regulation  54(1) (requirement  to submit 
annual  report) 
Yes Yes Yes No Regulation  55(1) (requirement  to establish  and 
maintain  a reserve  fund) 
Yes Yes Yes No Regulation  56 (scheme  logo and scheme 
packaging  logo:  requirement  to issue) 
Yes Yes Yes No Regulation  57 (Publication  of scheme  logo 
and scheme  packaging  logo) 
Yes Yes Yes No Regulation  58 (scheme  return  code) 
Yes Yes Yes No Regulation  67(1) (requirement  to collect 
returnable  items  etc. from  return  point 
operators  etc) 
Yes Yes Yes No Regulation  67(2) (requirement  to pay sums 
for returnable  items) 
Yes Yes Yes No Regulation  69 (requirement  to recycle  or make 
arrangements  for recycling  of in-scope 
material  from  refund  items) 
Yes Yes Yes No Regulation  70 (requirement  to make 
arrangements  for the recycling  of in-scope 
material  from  items  other  than refund  items) 
Yes Yes Yes No Regulation  72 (requirement  to pay NEA  costs) 
Yes Yes Yes No Regulation  73 (information  about  supplies) 
Yes Yes Yes No Regulation  82 (collection  targets) 
Matters  connected  with  enfor cement 
No Yes No Yes 
(£500) Regulation  87(3) (requirement  to comply  with 
an information  notice),  where  the notice  is 
given  by an appropriate  local  authority 
No Yes No Yes 
(£500) Providing  information  to an appropriate  local 
authority  in response  to an information  notice 
under  regulation  87 where—  (a) the person 
providing  the information  knows  it to be false 
or misleading  in a material  particular , or (b) 
the person  providing  it does so recklessly  and 
the information  is false  or misleading  in a 
material  particular 
Yes Yes Yes No Regulation  87(3) (requirement  to comply  with 
an information  notice),  where  the notice  is 
given  by a national  enforcement  authority 
92 enfor cement 
undertaking compliance 
notice VMP FMP 
(amount) Requir ement  or act 
Yes Yes Yes No Providing  information  to a national 
enforcement  authority  under  regulation  87 
where  — (a) the person  providing  the 
information  knows  it to be false or misleading 
in a material  particular , or (b) the person 
providing  it does so recklessly  and the 
information  is false or misleading  in a material 
particular 
No Yes No Yes 
(£1,000) Regulation  88(1) (obstructing  or failing  to 
assist  an authorised  person),  where  the 
authorised  person  was appointed  by a local 
weights  and measures  authority 
Yes Yes Yes No Regulation  88(1) (obstructing  or failing  to 
assist  an authorised  person),  where  the 
authorised  person  was appointed  by DAERA 
or the Environment  Agency 
PART 3 
Fixed  monetary  penalties 
Power  to impose  an FMP 
1. —(1) An enforcement  authority  may, by notice,  impose  an FMP  on a person— 
(a) in relation  to an act or contravention  of a requirement  mentioned  in the CS Table,  if 
the CS Table indicates  that an FMP  is available  for that act or contravention  of that 
requirement; 
(b) where  the enforcing  authority  has reasonable  grounds  to suspect  that the person  has 
committed  an offence  under  regulation  88 or 89, if regulation  92 indicates  that the 
penalty  is available. 
(2) Before  doing  so, the enforcement  authority  must  be satisfied  on the balance  of probabilities 
that the person  has acted  or contravened  the relevant  requirement  as set out in the CS Table or 
regulation  92 (as the case may be). 
(3) “Fixed  monetary  penalty”  means  a requirement  to pay to the enforcing  authority  a penalty 
in relation  to an act or contravention  of a requirement  mentioned  in the CS Table,  the amount 
indicated  in the CS Table for that act or contravention  of that requirement. 
Notice  of intention  to impose  an FMP 
2. —(1) Where  an enforcement  authority  proposes  to impose  an FMP  on a person,  the authority 
must  give that person  a notice  of what  is proposed  (referred  to in this Part of this Schedule  as a 
“notice  of intent”). 
(2) A notice  of intent  must  be in writing  and must— 
(a) state the grounds  for imposing  the FMP , 
(b) state the amount  of the FMP , and 
93 (c) include  information  as to the right  to make  representations  and objections  within  the 
period  of 28 days beginning  with the day on which  the person  receives  the notice 
(referred  to in this Part of this Schedule  as “the 28-day  period”. 
Making  representations  and objections 
3. —(1) A person  who is given  a notice  of intent  may, within  the 28-day  period,  make 
representations  or objections  to the enforcing  authority  in relation  to the proposed  imposition  of 
the FMP . 
(2) Any representations  or objections  under  paragraph  (1) must  be in writing. 
Final  notice  of decision  to impose  an FMP 
4. —(1) The enforcement  authority  must,  after considering  any representations  or objections 
made  within  the 28-day  period,  notify  the person  concerned  in writing  of its decision. 
(2) Where  the decision  is made  to impose  the FMP  (with  or without  modifications  to the original 
terms  of the notice  of intent)  the enforcement  authority  must  serve  a final notice  in writing  and 
must  include  the following  information— 
(a) the amount  of the FMP , 
(b) the grounds  for imposing  the FMP , 
(c) how payment  of the FMP  is to be made, 
(d) the date by which  payment  must  be made,  calculated  on the basis  of a period  of 56 
days beginning  with the day of receipt  of the final notice, 
(e) details  of the late payment  penalties, 
(f) information  as to the right  of appeal,  and 
(g) the consequences  of non-payment. 
Appeal 
5. —(1) A person  may appeal  against  a final notice. 
(2) The grounds  for appeal  are— 
(a) that the decision  was based  on an error  of fact; 
(b) that the decision  was wrong  in law; 
(c) that the decision  is unreasonable  for any reason. 
Non-payment  after  56 days 
6. —(1) An FMP  must  be paid within  the period  of 56 days beginning  with the day of receipt 
of the final notice,  unless  the final notice  is appealed  in which  case regulation  100(1)(b) applies. 
(2) If the FMP  is not paid within  that period,  the amount  payable  is the original  amount  of the 
FMP  plus 50% of that figure. 
(3) Where  a final notice  is appealed  and the appeal  is unsuccessful  or withdrawn— 
(a) the FMP  is payable  within  the period  of 28 days beginning  with the day on which  the 
appeal  is determined  or withdrawn  (as the case may be), and 
(b) if the FMP  is not paid within  that period,  the amount  payable  is the original  amount  of 
the FMP  plus 50% of that figure. 
94 PART 4 
Variable  monetary  penalty 
Power  to impose  a VMP 
7. —(1) An enforcement  authority  may, by notice,  impose  a VMP  on a person— 
(a) in relation  to an act or contravention  of a requirement  mentioned  in the CS Table,  if 
the CS Table indicates  that a VMP  is available  for the act or contravention,  or 
(b) where  the enforcement  authority  has reasonable  grounds  to suspect  that the person  has 
committed  an offence  under  regulation  88 or 89, if regulation  92 indicates  that a VMP 
is available. 
(2) A requirement  under  this paragraph  may not be imposed  on a person  on more  than one 
occasion  in relation  to the same  act or omission,  unless  the act or omission  is a continuing  act 
or omission. 
(3) Before  serving  a notice  relating  to a variable  monetary  penalty  for failure  to comply  with 
a compliance  notice  or enforcement  undertaking,  the enforcement  authority  may require  a person 
to provide  such information  as is reasonable  to establish  the amount  of any benefit  arising  from 
the failure  to comply  with the compliance  notice  or enforcement  undertaking. 
(4) Where  a variable  monetary  penalty  is imposed  in relation  to the contravention  of a 
requirement  or act and that contravention  or act is an offence  under  regulation  88 or 89 punishable 
on summary  conviction  by a fine, the amount  of the variable  monetary  penalty  may not exceed 
the maximum  amount  (if any) of that fine. 
(5) In this Schedule  “variable  monetary  penalty”  means  a requirement  to pay a penalty  of such 
amount  as the enforcement  authority  may determine. 
Notice  of intention  to issue  a VMP 
8. —(1) Where  an enforcement  authority  proposes  to impose  a VMP  on a person  under  this 
Part of this Schedule , the authority  must  give the person  a notice  of what  is proposed  (a “notice 
of intent”). 
(2) A notice  of intent  must  be in writing  and must  include— 
(a) the grounds  for imposing  the VMP , 
(b) the amount  of the penalty , 
(c) information  as to the right to make  representations  within  the period  of 28 days beginning 
with the day on which  the person  receives  the notice  (referred  to in this Part of this 
Schedule  as “the 28-day  period”). 
Repr esentations  and objections 
9. —(1) A person  on whom  a notice  of intent  is served  may within  the 28-day  period  make 
representations  to the enforcement  authority  about  the proposed  imposition  of the VMP . 
(2) Any representations  or objections  under  this paragraph  must  be in writing. 
Service  of final  notice 
10. —(1) The enforcement  authority  must  after considering  any representations  made  within 
the 28-day  period,  notify  the person  concerned  of its decision,  with or without  modifications. 
95 (2) Where  the enforcement  authority  decides  to impose  a VMP , the enforcement  authority  must 
give a notice  (referred  to in this Part of this Schedule  as a “final  notice”)  to the relevant  person. 
(3) The final notice  must  be in writing. 
Contents  of final  notice 
11. A final notice  must  include— 
(a) the grounds  for imposing  the VMP , 
(b) the amount  of the penalty , 
(c) how the payment  may be made, 
(d) the period  within  which  the payment  must  be made,  which  may not be less than 28 days 
from  when  the final notice  is given. 
(e) information  as to the right  of appeal,  and 
(f) information  as to the consequences  of failing  to comply  with the notice. 
Appeal  against  a final  notice 
12. —(1) A person  who receives  a final notice  may appeal  against  it. 
(2) The grounds  of appeal  are— 
(a) that the decision  was based  on an error  of fact; 
(b) that the decision  was wrong  in law; 
(c) that the amount  of the penalty  was unreasonable; 
(d) that the decision  is unreasonable  for any other  reason. 
PART 5 
Compliance  Notices 
Issue  of a compliance  notice 
13. —(1) An enforcement  authority  may, by notice,  impose  a requirement  on a person  to take 
such steps  as the authority  may specify , within  such period  as the authority  may specify , to secure 
that the contravention  of a requirement  does not continue  or recur— 
(a) in relation  to an act or a contravention  of a requirement  mentioned  in the CS Table,  if 
the CS Table indicates  such penalty  is possible  for the act or contravention,  or 
(b) where  the enforcement  authority  has reasonable  grounds  to suspect  that the person  has 
committed  an offence  under  regulation  88 or 89, if regulation  92 indicates  that the 
penalty  is available. 
Such  a notice  is referred  to in this Schedule  as a “compliance  notice”. 
(2) Before  imposing  any such requirement,  the enforcement  authority  must  be satisfied  that 
there  are reasonable  grounds  for considering  that the person  has contravened  or will contravene 
the relevant  requirement. 
(3) A requirement  may not be imposed  on a person  on more  than one occasion  in relation  to 
the same  act or omission  unless  the act or omission  is a continuing  act or omission. 
(4) But sub-paragraph  (3) does not prevent  an equivalent  requirement  being  imposed  on a person 
in a compliance  notice  if any earlier  requirement  imposed  on that person  in relation  to the same 
act or omission  has first been  withdrawn. 
96 Contents  of a compliance  notice 
14. —(1) A compliance  notice  must  include— 
(a) information  as to the grounds  for imposing  the requirement, 
(b) information  as to the compliance  or restoration  which  is required  and the period  within 
which  it must  be completed, 
(c) information  about  the right  of appeal,  and 
(d) information  as to the consequences  of failing  to comply  with the notice. 
Appeal  against  a compliance  notice 
15. —(1) A person  who receives  a compliance  notice  may appeal  against  it. 
(2) The grounds  for appeal  are— 
(a) that the decision  was based  on an error  of fact; 
(b) that the decision  was wrong  in law; 
(c) that the nature  of the requirement  is unreasonable; 
(d) that the decision  was unreasonable  for any other  reason. 
PART 6 
Enforcement  undertaking 
Power  to accept  an enfor cement  undertaking  and related  matters 
16. —(1) An enforcement  authority  may accept  an enforcement  undertaking  from  a person  in 
a case where— 
(a) in relation  to an act or a contravention  of a requirement  mentioned  in the CS Table,  the 
CS Table indicates  that the penalty  is available  for that act or contravention,  or 
(b) the enforcement  authority  has reasonable  grounds  to suspect  that the person  has committed 
an offence  under  regulation  88 or 89, if regulation  92 indicates  that the penalty  is 
available. 
(2) For the purposes  of this Schedule , an “enforcement  undertaking”  is an undertaking,  in 
writing,  to take the action  specified  in that undertaking  within  the period  specified  in that 
undertaking. 
(3) Before  accepting  any enforcement  undertaking,  the enforcement  authority  concerned  must 
first establish  a procedure  appropriate  to such undertakings. 
(4) The enforcement  authority  must— 
(a) consult  such persons  as it considers  appropriate  before  establishing  the procedure,  and 
(b) publish  the procedure  established. 
Contents  of an enfor cement  undertaking 
17. —(1) An enforcement  undertaking  must— 
(a) specify  a relevant  action, 
(b) specify  the period  within  which  that action  must  be completed,  and 
(c) include— 
97 (i) a statement  that the undertaking  is made  in accordance  with this Part of this 
Schedule , 
(ii) the terms  of the undertaking,  and 
(iii) a statement  as to how and when  the person  giving  the undertaking  should  be 
considered  to have  dischar ged the undertaking. 
(2) An enforcement  undertaking  may be varied,  or the period  within  which  the relevant  action 
is to be taken  extended,  if agreed  in writing  by the enforcement  authority  and the person  who 
gave  the enforcement  undertaking. 
(3) For the purposes  of this paragraph  “relevant  action”  means— 
(a) in a case falling  within  paragraph  16(1)(a)— 
(i) action  to secure  that the contravention  of the requirement  of these  Regulations  does 
not continue  or recur , 
(ii) action  to secure  that the position  is, so far as possible,  restored  to what  it would 
have  been  had the contravention  not occurred,  or 
(iii) action  (including  the payment  of a sum of money)  to benefit  or improve  the 
environment,  such as action  to prevent  littering  or increase  the recycling  of in-scope 
material  from  which  containers  are made; 
(b) in a case falling  within  paragraph  16(1)(b)— 
(i) action  to secure  that the offence  does not recur , 
(ii) action  (including  the payment  of a sum of money)  to the benefit  of any person 
affected  by the offence,  or 
(iii) action  (including  the payment  of a sum of money)  to benefit  or improve  the 
environment,  such as action  to prevent  littering  or increase  the recycling  of in-scope 
material  from  which  containers  are made. 
Effect  of acceptance  of an enfor cement  undertaking 
18. —(1) If an enforcement  authority  accepts  an enforcement  undertaking  from  a person  in a 
case falling  within  paragraph  16(1)(a), the enforcement  authority  may not impose  any other  civil 
sanction  in respect  of the act or the contravention  to which  the enforcement  undertaking  relates. 
(2) If an enforcement  authority  accepts  an enforcement  undertaking  from  a person  in a case 
falling  within  paragraph  16(1)(b)— 
(a) the person  may not at any time be convicted  of the offence  in respect  of the act or 
omission  to which  the enforcement  undertaking  relates,  and 
(b) the enforcement  authority  may not at any time impose  any other  civil sanction  in respect 
of the act or omission  to which  the enforcement  undertaking  relates. 
(3) But sub-paragraph  (1) or sub-paragraph  (2) (as the case may be) ceases  to apply  if the 
person  fails to comply  with the relevant  enforcement  undertaking  or any part of it. 
Publication  of enfor cement  undertakings 
19. An enforcement  authority  must  publish  each enforcement  undertaking  it accepts  in such 
manner  as it considers  appropriate  for the purposes  of bringing  it to the attention  of persons  who 
may be affected. 
98 Discharge  of an enfor cement  undertaking 
20. —(1) If an enforcement  authority  is satisfied  that an enforcement  undertaking  has been 
complied  with,  the enforcement  authority  must  issue  a certificate  (a “dischar ge certificate”)  to 
that effect. 
(2) An enforcement  authority  may require  a person  who has given  an enforcement  undertaking 
to provide  sufficient  information  for the purposes  of determining  whether  the person  has complied 
with that undertaking. 
(3) A person  who has given  an enforcement  undertaking  may apply , at any time,  for a dischar ge 
certificate. 
(4) Where  an enforcement  authority  receives  an application  under  sub-paragraph  (3), the authority 
must  within  the relevant  period— 
(a) decide  whether  to issue  a dischar ge certificate,  and 
(b) notify  the person  making  the application  of that decision. 
(5) The “relevant  period”  is the period  of 14 days beginning  with the day on which  the 
enforcement  authority  receives  the application  in question. 
Rights  of appeal 
21. —(1) A person  who has given  an enforcement  undertaking  to an enforcement  authority  may 
appeal  against  a decision  of that authority  not to issue  a dischar ge certificate. 
(2) The grounds  of appeal  are— 
(a) that the decision  was based  on an error  of fact; 
(b) that the decision  was wrong  in law; 
(c) that the decision  was unfair  or unreasonable; 
(d) that the decision  was wrong  for any other  reason. 
Inaccurate,  incomplete  or misleading  information 
22. —(1) A person  who gives  inaccurate,  incomplete  or misleading  information  in relation  to 
an enforcement  undertaking  is to be regarded  as not having  complied  with it. 
(2) An enforcement  authority  may revoke  a dischar ge certificate  if it was issued  on the basis 
of inaccurate,  incomplete  or misleading  information. 
Partial  compliance  with  an enfor cement  undertaking 
23. If a person  has partly  complied  with an enforcement  undertaking,  the enforcement  authority 
must  take that into account  when  imposing  any other  civil sanction. 
regulation  100 SCHEDULE  7 
Procedure  on Appeal 
Application 
1. —(1) Paragraph  2 applies  to a person  in England  who wishes  to appeal  to the First-tier 
Tribunal  under  regulation  99 (such  a person  is referred  to in this Schedule  as an “FTT  appellant”). 
99 (2) Paragraphs  3 to 5 apply  to a person  in Northern  Ireland  who wishes  to appeal  to the appeals 
commission  under  regulation  99 (such  a person  is referred  to in this Schedule  as a “PACNI 
appellant”). 
(3) In this Schedule,  “appeals  commission”  means  the planning  appeals  commission  established 
in accordance  with section  203 of the Planning  Act (Northern  Ireland)  2011. 
Appeal  to the First-tier  Tribunal 
2. —(1) A FTT appellant  may appeal  to the First-tier  Tribunal  in accordance  with the GRC 
Rules  2009. 
(2) The GRC  Rules  2009  apply  to the appeal  subject  to the modification  in sub-paragraph  (3). 
(3) Rule  22 of the GRC  Rules  2009  applies  to an appeal  brought  under  regulation  99 of these 
Regulations  as if paragraph  (1)(b)  of that rule required  the appeal  to be brought  within  two months 
of the date on which  the notice  to which  the appeal  relates  was sent to the FTT appellant. 
(4) In this paragraph  “the GRC  Rules  2009”  means  the Tribunal  Procedure  (First-tier  Tribunal) 
(General  Regulatory  Chamber)  Rules  2009 (a). 
Appeal  to the appeals  commission:  notice  of appeal 
3. —(1) A PACNI  appellant  must  appeal  to the appeals  commission  by sending  a notice  to the 
appeals  commission  (“the  notice  of appeal”). 
(2) The notice  of appeal  must  be in writing  and must  be accompanied  by the relevant  fee. 
(3) The relevant  fee is the amount  specified  in regulation  9(1) of the Planning  Fees (Deemed 
Planning  Applications  and Appeals)  Regulations  (Northern  Ireland)  2015 (b). 
(4) The notice  of appeal  must  be accompanied  by— 
(a) a statement  of the grounds  of appeal, 
(b) a copy  of the notice  which  is the subject  of the appeal, 
(c) a copy  of any correspondence  between  the PACNI  appellant  and the deposit  management 
organisation  or the national  enforcement  authority  and any other  document  relevant  to 
the appeal, 
(d) a copy  of any other  document  on which  the PACNI  appellant  intends  to rely for the 
purposes  of the appeal,  and 
(e) a statement  indicating  whether  the PACNI  appellant  wishes  the appeal  to be in the form 
of a hearing  or to be determined  on the basis  of written  representations. 
Appeal  to the appeals  commission:  time  for bringing  appeal 
4. —(1) The notice  of appeal  under  paragraph  3(1) must  be given  to the appeals  commission 
before  the end of the period  of 2 months  beginning  with the date on which  the notice  to which 
the appeal  relates  as was given  to the appellant. 
Appeal  to the appeals  commission:  decision  on appeal 
5. —(1) The appeals  commission  must  notify  the PACNI  appellant  in writing  of the decision 
on the appeal  and the reasons  for that decision. 
(a) S.I. 2009/1976. 
(b) 2015  No. 136. 
100 (2) If the appeals  commission  determines  the appeal  after a hearing,  the appeals  commission 
must  provide  the appellant  with a copy  of any report  made  by the person  who conducted  the 
hearing. 
(3) The appeals  commission  must,  at the same  time as notifying  the appellant  of the decision 
on the appeal,  send a copy  of any document  sent to the appellant  under  this paragraph  to the 
national  enforcement  authority . 
101 EXPLANA TORY NOTE 
(This  note is not part of the Regulations) 
These  Regulations  are the first to be made  under  powers  which  include  Schedule  8 to the 
Environment  Act 2021  (c.30).  They  establish,  in England  and Northern  Ireland,  a deposit  scheme 
for container  drinks  which  are supplied  for consumption  in England  or Northern  Ireland.  The 
relevant  containers  are single-use  closed  bottles  and cans made  from  PET plastic,  steel or 
aluminium  which  contain  between  150ml  and 3 litres  of liquid. 
From  1st October  2027,  anyone  in England  or Northern  Ireland  who is supplied  with a container 
drink  to which  these  Regulations  apply  must  pay a deposit  to the person  who supplies  them  with 
that drink,  and a person  who returns  an empty  container  to a collector  will be entitled  to a refund. 
Under  the scheme  it will also be possible  to return  and claim  a refund  for certain  empty  containers 
from  drinks  which  were  purchased  outside  of England  and Northern  Ireland. 
Part 1 of the Regulations  contains  introductory  provisions. 
Part 2 contains  provisions  on interpretation. 
Part 3 contains  provisions  relating  to the establishment  of a deposit  scheme  for container  drinks 
in England  and Northern  Ireland.  This Part also sets out the circumstances  in which  a person  is 
not entitled  to a refund  for a returnable  item. 
Part 4, chapter  1 contains  provisions  on registration  requirements  for scheme  producers,  the 
obligation  of deposit  management  organisations  to keep  a register  of registered  scheme  producers 
and provisions  requiring  scheme  producers  to keep  records  relating  to the supply  of container 
drinks.  Deposit  management  organisations  have  powers  to obtain  information  from  registered 
scheme  producers  and powers  relating  to the cancellation  of registration.  Chapter  2 contains 
provisions  relating  to low volume  products.  Chapter  3 contains  provisions  relating  to payments 
by scheme  producers  to deposit  management  organisations. 
Part 5 contains  provisions  relating  to scheme  suppliers,  including  a prohibition  on the supply  of 
drinks  produced  by a scheme  producer  who is not registered,  and provisions  relating  to the 
labelling  of deposit  items,  of scheme  multipacks  and of registered  low volume  products.  Part 5 
also contains  provisions  requiring  scheme  suppliers  to display  information  about  the deposit 
scheme  and about  low volume  products  and also provisions  giving  deposit  management 
organisations  the power  to obtain  information  from  scheme  suppliers. 
Part 6 contains  provisions  relating  to the return  of returnable  items.  Chapter  1 of Part 6 contains 
provisions  on items  subject  to overseas  schemes.  Chapter  2 contains  provisions  relating  to 
mandatory  return  points  for container  drinks  and chapter  3 contains  provisions  relating  to voluntary 
return  points.  Chapter  4 contains  provisions  on information  to be provided  at return  points  and 
chapter  5 contains  provisions  on take-back  services  and on the collection  or acceptance  of 
returnable  items  by deposit  management  organisation.  Chapter  6 contains  provisions  on the register 
of return  points,  the register  of return  point  exemptions  and the register  of take-back  service 
providers  and chapter  7 contains  provisions  on the general  obligations  of scheme  collectors  to 
offer payment  for returnable  items  and to retain  them  for collection. 
Part 7 contains  provisions  relating  to the role of the deposit  management  organisation  as scheme 
administrator . Chapter  1 of Part 7 contains  provisions  on the appointment  and governance  of a 
deposit  management  organisation  and chapter  2 contains  provisions  on the issue  and administration 
102 arrangements  for scheme  logo,  scheme  packaging  logo and scheme  return  code.  Chapter  3 contains 
provisions  relating  to deposits,  including  determining  the amount  of the deposit  and the use that 
may be made  of amounts  received  as deposits.  Chapter  4 contains  provisions  relating  to fees for 
registration,  and chapter  5 contains  provisions  relating  to the collection  of returnable  items, 
including  reviews  of the operation  of return  points.  Chapter  6 contains  provisions  on the recycling 
of in-scope  materials  from  drinks  containers  which  have  been  returned.  Chapter  7 contains 
provisions  relating  to national  enforcement  authorities  and chapter  8 contains  provisions  relating 
to deposit  management  organisations  working  with other  scheme  administrators  established  in 
Wales, Scotland  or overseas.  Chapter  9 contains  provisions  relating  to the internal  review  of 
decisions  made  by deposit  management  organisations.  Chapter  10 contains  provisions  relating  to 
the revocation  of a person’ s appointment  as the deposit  management  organisation  and includes 
provisions  relating  to the Secretary  of State  (or another  person)  acting  as interim  scheme 
administrator  until a person  is appointed  as the deposit  management  organisation. 
Part 8 contains  provision  relating  to targets for deposit  management  organisations  and for scheme 
producers. 
Part 9 contains  provisions  relating  to enforcement.  Chapter  2 of Part 8 sets out enforcement 
powers  applicable  in England  and Northern  Ireland  respectively  and contains  provisions  requiring 
the provision  of information.  Chapter  3 contains  provisions  relating  to offences  and chapter  4 
provisions  relating  to civil sanctions.  Chapter  5 contains  provisions  relating  to the publication  of 
enforcement  action  in a public  register . 
Part 10 sets out provisions  relating  to rights  of appeals  and the procedure  on appeal. 
Part 11 sets out the functions  of the national  enforcement  authorities. 
Part 12 contains  provisions  for a review  of the regulatory  provisions  contained  in these  Regulations 
[impact  assessment ]. 
103