ENVIRONMENTAL PROTECTION, ENGLAND 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 2025. 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 regulation 11 in Chapter 1 of Part 4 for the purposes only of registration of scheme producers; d Chapter 1 of Part 6 (items subject to overseas schemes); e regulation 34 in Chapter 2 of Part 6 for the purposes only of— i registration of in-scope retailers as mandatory return point operators, and ii applications for return point exemptions; f regulation 35 in Chapter 2 of Part 6 for the purposes of exemptions for small groceries retailers in urban areas; g regulation 38 in Chapter 3 of Part 6 for the purposes only of authorisations to operate a return point; h Part 7 (the scheme administrator: the deposit management organisation); i Part 9 (enforcement), in so far as it relates to the functions of the deposit management organisation under Part 7 ; j 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. 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 2027; “ export shop ” has the meaning given in regulation 2 of the Excise Goods (Export Shops) Regulations 2000 . 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, including a sports drink, c a liquid which constitutes a beverage 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) (c) does not include any liquid which is used only— a to add flavour to, or enhance the flavour of, a beverage suitable for human consumption, or b to sweeten a beverage suitable for human consumption, such as coffee flavouring syrup, sugar syrup or hot sauce. 3 “ Sports drink ” means a liquid, suitable for human consumption, which is advertised or marketed as a product to enhance physical performance, accelerate recovery after exercise or increase muscle mass. Meaning of “deposit item”, “scheme producer”, “scheme retailer”, “scheme supplier”, “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 registered low volume product. 2 For the purposes of paragraph 1(5)(a) of Schedule 8 to the 2021 Act (persons specified as scheme suppliers), a person who falls within the definition in paragraph (3) of “scheme supplier” or “scheme producer” is a specified person. 3 In these Regulations— “ manufacturer ”, in relation to a container drink, means— the person who manufactures the container drink, or 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 is— a manufacturer of container drinks; an importer, or a person who fills to order; “ scheme retailer ” means a scheme supplier who supplies deposit items to scheme consumers; “ scheme supplier ” means a person who— is established in the United Kingdom, and supplies deposit items. 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 supplies, or offers or agrees to supply, the container drink by way of sale, or in connection with the supply of goods or services— a for consumption in the relevant area, or b with a view to the container drink being consumed in the relevant area. 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 any 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 container drink, 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 container drink ” means the supply of a container drink through a means of distance communication where the person who orders the container drink, or the connected goods or services, from the scheme supplier— a is located in England and the scheme supplier is located outside England; b is located in Northern Ireland and the scheme supplier is located outside Northern Ireland. Meaning of “established in the United Kingdom” 5 For the purposes of these Regulations, a person is “established in the United Kingdom” if— a in the case of an individual, the individual is resident in the United Kingdom; b in any other case, 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. Meaning of “established in the Republic of Ireland” 6 For the purposes of these Regulations, a person is “established in the Republic of Ireland” if— a in the case of an individual, the individual is resident in the Republic of Ireland; b in any other case, the person has— i a registered or principal office in the Republic of Ireland, or ii a permanent place in the Republic of Ireland from which the person carries out activities which the person is constituted to perform. The refund 7 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 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 interpretation 8 1 In these Regulations— “ the 2021 Act ” means the Environment Act 2021 ; “ 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 targets ” has the meaning given in regulation 81 ; “ 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 or receives goods or 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— is made wholly or mainly from in-scope material, has a capacity of at least 150 millilitres but no more than three litres of liquid, and 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; “ container line ” means a group of containers which are filled to order with a particular drink in a scheme year and which— are made wholly or mainly from the same in-scope material, and have the same capacity, and whether or not— the outward appearance of the containers is the same, or all of the drinks are, or are intended to be, sold to consumers in the United Kingdom in multipacks, or the containers are produced in more than one phase of production or, where imported, are imported at different times; “ convenience store ” means a retail store offering 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 amount ”, 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 applicable deposit amount in respect of a deposit item from time to time; “ deposit management organisation ” has the meaning given in regulation 50 (1) ; “ DMO function ” means a function conferred on the deposit management organisation by or under the Scheme; “ DMO instruction ” means— a request in writing to registered scheme producers which may be given to— a specified registered scheme producer, or all registered scheme producers of a specified description, or all registered scheme producers; or a request in writing to scheme suppliers which may be given to— a specified scheme supplier, or all scheme suppliers of a specified description, or all scheme suppliers; and which may request specified information to be provided— in a specified form or manner (or both); by a specified time or at specified intervals; in respect of a specified period; and which sets out the reasons why the specified information is reasonably required for the purposes of the deposit management organisation carrying out its functions under, or in connection with, the Scheme; “ drink ” has the meaning given in regulation 3 (1) ; “ fill to order ” means the filling of a container with drink— in response to an order from a consumer in the relevant area, and whether or not the consumer is present, and the closing of that container securely; “ filled to order drink ” means a drink that has been filled to order; “ groceries ” means one or more of the following— food suitable for human consumption; deposit items or other drinks; pet food; cleaning products; toiletries and household goods, other than petrol, clothing, DIY products, 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 where the main business activity is selling prepared food for consumption off the premises as part of a takeaway service; a coffee shop whether or not it is selling food and drinks which may be consumed on the premises; a hospitality venue such as a bar, restaurant or club selling food and drink for consumption on the premises; an indoor attraction such as an amusement arcade, bingo hall, museum, gallery or cinema selling food and drink for consumption off or on the premises; a recreational facility such as a community centre, sports centre or gym selling food and drink for consumption off or on the premises; any retail premises selling food and drink, whether for consumption off or on the premises, which is located within the grounds of— a school, academy or nursery school; an institution within the further education sector or higher education sector within the meanings of section 91 of the Further and Higher Education Act 1992 ; a hospital within the meaning of section 275 of the National Health Service Act 2006 ; “ handling payment ” has the meaning given in regulation 67 (1) ; “ importer ” means— a person who— imports a non-UK container drink into the United Kingdom, and is the first person established in the United Kingdom or established in the Republic of Ireland to offer for supply on the market in the relevant area that non-UK container drink, or a person who— is established in the Republic of Ireland, and supplies container drinks into Northern Ireland, and complies with the obligations of a registered scheme producer under these Regulations; “ in-scope material ” means— aluminium, polyethylene terephthalate (PET) plastic, or steel; “ in-scope retailer ” means a groceries retailer who is required to operate a return point at, on or from MRP premises in accordance with regulation 34 (1) ; “ interim scheme administrator ” means the Secretary of State or the person appointed under regulation 80 (2) (b) ; “ local weights and measures authority ” has the meaning given by section 69 of the Weights and Measures Act 1985 ; “ low volume line ” has the meaning given in regulation 18 (1) ; “ mandatory return point ” means a return point which an in-scope retailer is required to operate under regulation 34 ; “ mandatory return point operator ” has the meaning given in regulation 34 (4) ; “ means of distance communication ” means— a website, application software designed and developed for use on mobile devices, such as smartphones and tablets, or 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; “ MRP premises ”, in relation to a groceries retailer, means premises at, on or from which the retailer sells groceries to consumers other than— a motor vehicle, ship or boat, train, tram, aircraft or hovercraft, provided that, in each case, the motor vehicle, ship or boat, train, tram, aircraft or hovercraft are not permanently stationary; premises at, on or from which the retailer sells deposit items and other groceries to scheme consumers only by means of a vending machine, or on-sale 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— in England, the Environment Agency; 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 premises at or on which a scheme retailer supplies deposit items only for consumption at or on those premises; “ operational plan ” means a plan prepared by the deposit management organisation for the administration of the Scheme and the exercise of the DMO functions, and includes any revisions made to the plan in accordance with regulation 52 ; “ opt-out decision ” has the meaning given in regulation 28 (2) ; “ opted-out premises ” means premises in respect of which a scheme supplier has, for the time being, made an opt-out decision; “ other scheme administrators ” means the scheme administrators of deposit schemes established in Scotland, Wales or overseas; “ 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; “ pre-packed drink line ” means a group of containers in which a particular drink is made available for UK retail sale in a scheme year and which— are made wholly or mainly from the same in-scope material, and have the same capacity, and whether or not— the outward appearance of the containers is the same, or all of the drinks are, or are intended to be, sold to consumers in the United Kingdom in multipacks, or the containers are produced in more than one phase of production or, where imported, are imported at different times; “ premises ” includes land, buildings, moveable structures, a motor vehicle, ship or boat, train, tram, aircraft or hovercraft; “ product line ” means a pre-packed drink line or a container line; “ proper address ” means— the address of a person’s registered or principal office, or a person’s address for service, if different from the address mentioned in paragraph (a), or the address of the premises at or on which there is, or there is proposed to be, operated a return point; “ publication ” means a catalogue, a newspaper, a magazine, a periodical, or other similar methods of communication with the public; “ refund item ” means the container from a deposit item; “ registered low volume product ” means a container drink 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 in the case of a filled to order drink, is in a container from a container line which is registered as a low volume line at the time the container is filled to order; “ registered scheme producer ” means a scheme producer who is registered with the deposit management organisation in accordance with regulation 11 ; “ registration fee ” has the meaning given in regulation 63 (2) ; “ relevant area ” means— in relation to the supply of a registered low volume product, the United Kingdom; otherwise, the scheme area; “ relevant enforcement function ” has the meaning given in regulation 73 (3) ; “ return amount ” has the meaning given in regulation 9 (5) ; “ 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 34 (3) ; “ return point operator ” means a person who operates a return point; “ returnable item ” has the meaning given in regulation 9 (5) ; “ the Scheme ” has the meaning given in regulation 9 (2) ; “ the scheme area ” means the area comprising England and Northern Ireland; “ scheme collector ” means— a return point operator, or a take-back service provider; “ scheme consumer ” means a consumer in the scheme area; “ scheme information ” has the meaning given in regulation 26 (8) ; “ scheme logo ” has the meaning given in regulation 55 (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 55 (1) ; “ scheme return code ” has the meaning given in regulation 57 (1) ; “ scheme year ” means— the period beginning on 1st October 2027 and ending on 31st December 2028 (“first scheme year”), or any subsequent period of 12 months beginning with 1st January; “ 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 container drink which is produced by the scheme producer, a container drink which is imported by the scheme producer, or a container drink which has been filled to order by the scheme producer; “ the SP register ” has the meaning given in regulation 12 (1) ; “ specified overseas scheme ” has the meaning given in 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; “ UK retail sale ” means supply by way of sale to consumers in the United Kingdom; “ vending machine ” means an automatic machine for the supply of deposit items (whether alone or together with other products); “ voluntary return point ” means a return point which is not a mandatory return point; “ 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 resulting from the preparation of a liquid as described in regulation 3 (1) (c) . 7 A reference to a person supplying container drinks for “ immediate consumption at or on particular premises ” includes a reference to the relevant container 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. 8 A reference to a requirement that an application, approval, authorisation or undertaking, or a decision, determination, direction, notification or notice, including the withdrawal or amendment of a notice, or the making of representations or objections or the provision of information, must be in writing (“written notifications”) includes written notifications sent by any electronic means. 9 Where an email address is provided by any person, documents may be sent to that email address for the purpose of these Regulations. 10 A notice or other document (the “document”) which is given by the Secretary of State, or the Environment Agency, or DAERA, or the deposit management organisation or by a local weights and measures authority to any person in accordance with these Regulations is to be treated as having been received— a if the document is left at the proper address, on the business day after the day on which it is left at the proper address; b if the document is posted to a proper address in the United Kingdom, on the second business day after posting; c if the document is sent by any electronic means, on the business day after the day on which the document is transmitted. Part 3 Establishment of a Deposit Scheme for Drinks Containers Establishment of Deposit Scheme for Drinks Containers in England and Northern Ireland 9 1 These Regulations establish, in England and Northern Ireland, a deposit scheme in respect of containers in which drinks are supplied for the purposes of— a sustaining, promoting or securing an increase in the recycling of materials, and b reducing the incidence of littering or fly-tipping. 2 The deposit scheme in paragraph (1) is referred to in these Regulations as “ the Scheme ”. 3 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. 4 Paragraph (3) (a) is subject to regulation 28 and paragraph (3) (b) is subject to regulation 10 . 5 In these Regulations— “ return amount ” means— in relation to an overseas scheme item, the overseas refund amount; in relation to a Scottish scheme item, the Scottish refund amount; in relation to a Welsh scheme item, the Welsh refund amount, or in relation to a refund item, a refund; “ returnable item ” means— an overseas scheme item; a Scottish scheme item; a Welsh scheme item, or a refund item. Circumstances in which a person is not entitled to a relevant amount for a returnable item 10 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 scheme return code); b the returnable item being soiled; 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 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 average number of deposit items that the scheme retailer would supply to a scheme consumer in a single transaction. 3 For the purposes of paragraph (2) (d) , a returnable item is to be treated as intact regardless of whether 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 scheme collector does not, or, if the scheme collector 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 Requirement for scheme producers to be registered to supply SP container drinks 11 1 A scheme producer must 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 registered scheme producers 12 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, and 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 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 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 reasonably practicable after the scheme producer’s registration application is granted; 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 SP register available for inspection by members of the public at all reasonable times, free of charge, and b permit members of the public to obtain copies of entries on the SP register on payment of a reasonable charge. Requirement for registered scheme producers to keep records about supply of SP container drinks 13 1 A registered scheme producer must— a as soon as 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 subject to paragraph (3) , the part or parts 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 Where paragraph (3) applies, the registered scheme producer must record the part or parts 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 registered scheme producers 14 1 The deposit management organisation may direct a registered scheme producer to provide it with such information as is specified in a DMO instruction. 2 A registered scheme producer who receives a DMO instruction must comply with it by the date specified in the DMO instruction (the “compliance date”). 3 Where a registered scheme producer has provided, in response to a DMO instruction, information which the deposit management organisation reasonably believes to be inaccurate, false or misleading, the deposit management organisation must notify the relevant authority and provide to that authority all relevant information and documents. 4 Where a registered scheme producer has provided incomplete information in response to a DMO instruction, the deposit management organisation must, after not less than 28 days beginning with the compliance date, notify the relevant authority and provide to that authority all relevant information and documents. 5 Where a registered scheme producer has failed to respond to a DMO instruction, the deposit management organisation must, after not less than 28 days beginning with the compliance date, notify the relevant authority and provide to that authority all relevant information and documents. 6 For the purposes of this regulation, “ relevant authority ” means the Environment Agency or DAERA. Persons ceasing to be registered scheme producers: cancellation of registration 15 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 registered scheme producers: continuing duties and requirements to record and provide information. 16 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 13 (1) (b) , regulation 14 (2) (whether the DMO instruction 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 DMO instruction on or after the registration cancellation date. 4 The deposit management organisation may only specify information which relates to matters arising, or SP container drinks supplied, before the registration cancellation date. 5 For the purposes of this regulation, any reference to a registered scheme producer in regulations 13 to 15 and 22 (however expressed) is to be read as including a reference to the outgoing producer. 6 In this regulation and regulation 17 — “ 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 registered scheme producers: updating of the SP register 17 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 lines Registration of a product line as a “low volume line” 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 the first scheme year, if the number of containers of any size or shape in the product line in that scheme year will not exceed 6,250, and b any other scheme year, if the number of containers of any size or shape in the product line in that scheme year will not exceed 5,000, and c the containers are filled with the same particular drink. 2 An application under paragraph (1) (an “LVL application”) must— a state the scheme year to which it relates, and 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 relevant 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 76 to ask the deposit management organisation to review its decision. Cancellation of registration of a product line as a “low volume line” 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 A scheme producer must, in relation to the registration of a product line as a low volume line, notify the deposit management organisation as soon as possible that— a the producer intends to exceed the relevant threshold in regulation 18 (1) (“the size threshold”) in relation to that product line, or b has exceeded the size threshold in relation to that product line. 3 The deposit management organisation— a must cancel the registration of a product line as a low volume line before the end of the relevant scheme year, if the scheme producer has given a notification to the deposit management organisation under paragraph (2) (a) or (b) ; b may cancel the registration of a product line as a low volume 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 paragraph (2) (b) . 4 Where the deposit management organisation proposes to cancel a product line’s registration as a low volume line under paragraph (3) (b) , the deposit management organisation must give a notice (a “proposal notice”) to the relevant scheme producer. 5 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 beginning with the date on which the scheme producer receives the proposal notice. 6 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 (5) (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 (5) (c) . 7 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. 8 Where— 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 notice of the cancellation of the product line’s registration as a low volume line (an “LVL cancellation notice”). 9 An LVL cancellation notice must be in writing and must state— a that the relevant product line’s registration as a low volume line is being cancelled and give the reasons why; b the date when the cancellation of the registration will take effect; c that the relevant scheme producer has a right under regulation 76 to ask the deposit management organisation to review its decision. 10 If the scheme producer exercises the right referred to in paragraph (9) (c) , the LVL cancellation notice will not take effect pending that review of the decision. 11 The date specified for the purposes of paragraph (9) (b) must not be before the end of the 28-day period specified in regulation 76 . Registration of a product line as a “low volume line”: 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 in accordance with paragraph (2) if— i any product line of the scheme producer is registered as a low volume line in relation to a scheme year, or ii the registration of any product line of the scheme producer as a low volume line is cancelled before the end of the relevant scheme year; and 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 a product line of the scheme producer is registered as a low volume line, and b if that product line’s registration as a low volume 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)— 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 registered 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 must 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 must 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 55 (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 55 (4) in relation to the scheme logo, the logo issued for the purposes of regulation 55 when the deposit item was produced or imported; b the required packaging logo in relation to a scheme multipack is— i the scheme packaging logo, or ii if the scheme multipack was first made available for supply in the scheme area before the date specified for the purposes of regulation 55 (4) in relation to the scheme packaging logo, the logo issued for the purposes of regulation 55 when the scheme multipack was first made available for supply in the scheme area. Labelling of registered low volume products 25 1 A scheme supplier must not supply— a a drink registered as a low volume product, or b where the registration of a low volume product has ceased to have effect in accordance with regulation 19 , 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, if the drink carries a scheme logo or scheme return code (or both). 2 For the purposes of paragraph (1) it does not matter whether the drink is intended to be supplied as a single item or in a multipack. 3 Paragraph (1) does not apply if the drink was registered as a low volume product after it was produced or imported. 4 A scheme supplier must 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 on or 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 or connected goods or services orally (for example, by telephone) must— a give the scheme information to a person who orders deposit items or connected goods or services before taking payment for those items, goods or services, and b if requested, provide the scheme information in writing to that person. 3 A scheme supplier who displays or offers deposit items for supply at or on any premises must display the scheme information on those premises— a so it is available to people choosing deposit items, and b so as to comply with paragraph (7) . 4 But paragraph (3) does not apply— a to any on-sale premises which are opted-out premises, or b in respect of any deposit items which are displayed, or offered, for supply for immediate consumption at or on that part of mixed retail premises which are opted-out premises. 5 A scheme supplier who offers deposit items for supply on a website, through a mobile application or in any kind of publication must— a ensure, so as to comply with paragraph (7) , that the scheme information is displayed as part of the description of the deposit items on the website, in the mobile application or in the publication, or b if the scheme supplier is not responsible for the website, mobile application or publication, provide the scheme information to the person who is responsible for the website, mobile application or publication, for display as part of the description of the deposit items on the website, in the mobile application or in the publication. 6 A scheme supplier who provides the scheme information in accordance with paragraph (5) (b) must ask the person to whom they provide that information to display it so as to comply with paragraph (7) as part of the description of the deposit items on the website, in the mobile application or in the publication. 7 A display of the scheme information complies with this paragraph if it is displayed clearly and accessibly. 8 In these Regulations “ scheme information ” means— a a statement that the scheme supplier is required by the Scheme to charge a deposit for each deposit item that the supplier supplies, b subject to paragraph (9), for each deposit item that the scheme supplier displays or offers for supply— i the amount payable for the deposit item excluding the deposit, ii the deposit level, and iii the amount payable for the deposit item including the deposit, and c where the scheme supplier is a scheme retailer, a statement as to how a person can obtain a refund for any deposit item supplied to them. 9 A retailer need not duplicate in the scheme information any amount which the retailer is required to indicate in accordance with article 4 or 5 of the Price Marking Order 2004 (obligations to indicate selling price and unit price). Duty to display information about registered low volume products 27 1 A person who supplies LVPs must provide or display, or provide for display, the LVP information, in accordance with this regulation . 2 A person who offers to supply LVPs or connected goods or services orally (for example, by telephone) must— a give the LVP information to a 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 person who displays, or offers, LVPs for supply at or on any premises must display the LVP information at or on those premises— a so it is available to people choosing LVPs, and b so as to comply with paragraph (6) . 4 A person 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 the person who offers LVPs for supply under this regulation is not responsible for the website, mobile application or publication, that person must 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. 5 The person who provides the LVP information in accordance with paragraph (4) (b) must ask the person to whom they provide that information to display it 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 easily visible, b clearly legible, and c not hidden or obscured in any way. 7 In this regulation — “ LVP ” means a registered low volume product; “ the LVP information ” means— a statement that the scheme supplier is not required to charge a deposit in connection with the supply of any LVPs, and a statement that no refund is payable for a container from an LVP. Requirement 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 (“IC items”) to customers at or on any mixed retail or on-sale premises 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 at or 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 displayed clearly and accessibly. 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 at or 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 suppliers 30 1 The deposit management organisation may direct a scheme supplier to provide it with such information as is specified in a DMO instruction. 2 A registered scheme supplier who receives a DMO instruction must comply with it by the date specified in the DMO instruction (the “compliance date”). 3 Where a registered scheme supplier has provided, in response to a DMO instruction, information which the deposit management organisation reasonably believes to be inaccurate, false or misleading, the deposit management organisation must notify the relevant authority and provide to that authority all relevant information and documents. 4 Where a registered scheme supplier has provided incomplete information in response to a DMO instruction, the deposit management organisation must, after not less than 28 days beginning with the compliance date, notify the relevant authority and provide to that authority all relevant information and documents. 5 Where a registered scheme supplier has failed to respond to a DMO instruction, the deposit management organisation must, after not less than 28 days beginning with the compliance date, notify the relevant authority and provide to that authority all relevant information and documents. 6 For the purposes of this regulation, “ relevant authority ” means the Environment Agency or DAERA. 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 calendar 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 under paragraph (4) , the deposit management organisation must— a consult— i the Environment Agency, and ii DAERA, and 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 must 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 under paragraph (3) , 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 , for the purposes of bringing it to the attention of scheme collectors and consumers. 6 A notice under paragraph (5) must specify— a the overseas refund amount or revised overseas refund amount, and b the date on which the determination takes effect, or c 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) or paragraph (6) (c) must not be before the end of the period of three calendar 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 to which the overseas scheme item relates. 4 But an overseas refund amount for an overseas scheme item must 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 Requirement for in-scope retailers to operate a return point at, on or from MRP premises 34 1 A groceries retailer who supplies deposit items to consumers at, on or from MRP premises must operate a return point in respect of those premises. 2 But paragraph (1) does not apply if an exemption has effect in respect of the MRP premises (a “return point exemption”). 3 The return point must be operated— a at, on or from the MRP premises, or b at or on any premises adjacent to the MRP premises which are provided by, or on behalf of, the in-scope retailer for use as parking by the retailer’s customers. 4 An in-scope retailer who is required to operate a return point under paragraph (1) must register with the deposit management organisation and an in-scope 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 return point exemptions. Exemption for small groceries retailers in urban areas 35 1 A groceries retailer which has a relevant retail space 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 38 (voluntary operation of return points). 3 The deposit management organisation may provide information to scheme retailers to assist them in determining whether they are established in an urban area. 4 For the purposes of this regulation— “ relevant retail space ” means a retail space of less than 100m₂ whether or not that retail space is situated within, or forms part of, a larger building or premises and regardless of the uses, nature or purposes of the larger building or premises; “ urban ” means— in England, an area classified as urban by reference to the document titled “2011 rural urban classification of output areas” published by the Office for National Statistics on 13 September 2013 and as updated on 27 January 2016 ; in Northern Ireland, an area classified as urban by reference to the document titled “Urban-Rural Classification 2015” published by the Northern Ireland Statistics and Research Agency on 20 January 2017 . Requirement for groceries retailers to provide information at or on retail premises without a return point 36 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 38 , or b are premises in respect of which a return point exemption is in effect. 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 motor vehicle, ship or boat, train, tram, aircraft or hovercraft, the location of the return point nearest to those premises. Chapter 3 Voluntary operation of return points Interpretation 37 In this Chapter “ in-scope premises ” means any premises which are not— a MRP premises, or b premises at or on which the deposit management organisation operates a return point (see regulation 39 ). Voluntary return points 38 1 A scheme supplier may operate a voluntary return point at or on any in-scope premises in respect of which they are authorised to operate that return point by the deposit management organisation. 2 A groceries retailer which is exempt from the requirement to operate a return point under regulation 35 may operate a return point at the premises concerned if they are authorised to do so by the deposit management organisation. 3 Schedule 4 contains further provision about authorisations to operate return points at or on in-scope premises. Operation of return points by the deposit management organisation 39 The deposit management organisation may operate a return point at or on any premises other than— a any premises in respect of which a person is required or authorised to operate a return point, or 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 40 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 deposit management organisation collections Provision of take-back services 41 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 42 1 A take-back service provider must provide or display the take-back service information referred to in paragraph (6) , or provide that information for display, in accordance with this regulation . 2 Where a take-back service provider offers orally (for example, by telephone) to supply deposit items to a scheme consumer, the take-back service provider must orally provide at the same time— a the scheme information, and b the take-back service information, and c if requested to do so, provide the take-back service information in writing to that person or direct the person to where that information can be found through any means of distance communication. 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 a scheme consumer choosing deposit items, and so as to comply with paragraph (7) , and b if requested to do so, provide the take-back service information in writing to a scheme consumer who purchases any deposit items or direct the person to where that information can be found through any means of distance communication. 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 as part of the description of the deposit items on or in the relevant means of distance communication, or b if the take-back service provider is 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 A take-back service provider who provides a person with information under paragraph (4) (b) must ask the person to whom they provide the information to display it 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 In this regulation the take-back service information is— a a statement as to how the scheme 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 that, in that case, no return amount will be paid, c a statement as to any steps that the scheme consumer must take to enable any returnable items to be collected by the take-back service provider (including, for example, if the scheme 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 that consumer), d if any return amount is to be paid otherwise than when the returnable items are collected from the scheme consumer, a statement as to how and when the return amount will be paid to the scheme 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 regulation if it is displayed clearly and accessibly including through any means of distance communication. Collection or acceptance of returnable items by the deposit management organisation 43 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 66 ). 2 The deposit management organisation must pay a return amount for each returnable item that it accepts. 3 The deposit management organisation may make such arrangements as it considers appropriate for the purposes of this regulation, which may include provision about the means or manner in which any return amount is to be paid by the deposit management organisation. Chapter 6 Register of return point operators, register of deposit management organisation return points, register of return point exemptions and register of take-back service providers Register of return point operators and deposit management organisation return points 44 1 The deposit management organisation must keep and maintain a register of— a return point operators, and b DMO return points. 2 An entry on the register 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 An entry on the register 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 keep the register up to date and must make any amendments to the register as soon as reasonably practicable. 5 The register must be available for inspection by members of the public at all reasonable times, free of charge. 6 In this regulation “ DMO return point ” means a return point operated by the deposit management organisation. The register of return point exemptions 45 1 The deposit management organisation must keep and maintain a register of return point exemptions. 2 An entry on the register 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 inspection by members of the public at all reasonable times, free of charge. The register of take-back service providers 46 1 The deposit management organisation must keep and maintain a register of take-back service providers (“ the register ”). 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 9 or 10 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 register available for inspection by members of the public at all reasonable times, free of charge, and b permit members of the public to obtain copies of entries on the register on payment of a reasonable charge. Chapter 7 General obligations of scheme collectors Form of return amount 47 1 Subject to paragraph (2) , a scheme collector must pay the total return amount for the returnable items that it accepts from any person and do so using one or more of the following means— a cash in sterling; b a payment to a debit or credit card; c a refund voucher. 2 If the scheme collector is a scheme retailer (other than a scheme retailer who does not accept cash), 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 a 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. Requirement for return point operators to retain returnable items 48 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. Requirement for take-back service providers to retain or return returnable items 49 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. Part 7 The scheme administrator: the deposit management organisation Chapter 1 Appointment and governance The deposit management organisation 50 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 51 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 paragraph 2 (3) (a) (iii) of Schedule 5 ). 2 The Secretary of State may by notice in writing vary or revoke any condition to 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 52 1 The deposit management organisation must act in accordance with its operational plan. 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 must do so— i by the end of the period of 12 months beginning with the date of appointment, 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, as soon as reasonably possible, 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 A call-in notice may relate to— a a particular revision, or b such descriptions of revision as may be specified in the notice. 6 Before approving any revision to the operational plan, the appropriate authority must consult— a the appropriate bodies, and b the deposit management organisation. 7 For the purposes of paragraph (6) (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. 8 An approval for the purposes of paragraph (4) must be given in writing. 9 The deposit management organisation must promptly incorporate any revision approved under paragraph (4) into its operational plan and must send a copy of that revised operational plan, if requested to do so, to— a the Secretary of State, b the Environment Agency, and c DAERA. 10 In this regulation— “ appropriate authority ” means— the Environment Agency or DAERA, or where a call-in notice has effect in respect of a proposed revision, the Secretary of State; “ call-in notice ” means a notice in writing 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. Annual reports 53 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 end of the scheme year to which it relates. Reserve fund 54 1 The deposit management organisation which is first appointed following the inception of the Scheme must establish a reserve fund within 5 years of the date of its appointment. 2 The deposit management organisation, and any deposit management organisation which is subsequently appointed in its place, must— a maintain the reserve fund in such amount as is necessary to fund the payments set out in paragraph (3) , or b maintain the reserve fund in such amount as the Secretary of State may direct. 3 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 b expenditure incurred by the interim scheme administrator in the discharge of its functions under or in connection with the Scheme before the appointment of another person as the deposit management organisation (see Chapter 10 of this Part). Chapter 2 Scheme logo, scheme packaging logo and scheme return code Scheme logo and scheme packaging logo 55 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 scheme multipack to identify the scheme multipack 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 and 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 registered 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 registered 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 registered scheme producers and scheme suppliers sufficient notice of the change before it takes effect. Publication of scheme logo and scheme packaging logo 56 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 57 1 In these Regulations “ scheme return code ”, in relation to a deposit item, means a code which— a when scanned electronically, enables the registered 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 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 registered 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 registered 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 code containing those requirements is to be used. 8 The date specified for the purposes of paragraph (7) must be a date which the deposit management organisation is satisfied gives registered 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 registered 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 58 1 The deposit management organisation must use its best endeavours to reach agreement with any other scheme administrator and the 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 55 or a scheme return code under regulation 57 , 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 Requirement to determine the amount of the deposit 59 1 The deposit management organisation must determine the 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 and the Scottish deposit administrator on setting the same deposit level for deposit schemes across the United Kingdom, and 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 request from the Secretary of State or DAERA, inform them of the methodology, data and evidence relied upon to calculate and determine the deposit level. Determination of revised deposit level 60 1 The deposit management organisation may determine a revised 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 deposit level in respect of the relevant deposit items, and b the date on which the revised deposit level takes effect. 3 The date specified for the purposes of paragraph (2) (b) must not be before the end of the period of three calendar months beginning with the date on which the relevant notice is published. The amount of the deposit: supplementary provisions 61 1 The deposit level 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 deposit level 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 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 deposit level on the ability of scheme consumers to purchase deposit items, d the likely impact of the deposit level on the use of containers by registered 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), f the likely impact on scheme consumers, the purposes of the Scheme and the collection targets, if the deposit level 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 , and g the likely impact of a proposed deposit level on the operation of any other deposit scheme or any Scottish deposit and return scheme. 4 Before making a determination under regulation 59 or 60 , 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 supplied in a multipack, if the deposit item is supplied in a multipack. Use of amounts received as deposits 62 1 The deposit management organisation— a must retain the amounts paid to it by registered scheme producers under regulation 22 , and b must use those amounts to meet the cost of refunds for returnable items under regulation 43 (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 63 1 The deposit management organisation may, for each scheme year, charge any scheme producer that is registered with it under regulation 11 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. 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 polyethylene terephthalate (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 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 registered 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 scheme year. 7 The per container fee for one in-scope material must 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 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 it to the attention of scheme producers. 10 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 the consultation. 11 The deposit management organisation may require the registration fee to be payable at times or intervals and by means specified by the deposit management organisation. 12 The deposit management organisation may make different payment arrangements for different cases or circumstances and in particular— a must ensure that any registration fee charged to a scheme producer in accordance with paragraph (1) does not include a fee in respect of a container from a container drink which is a registered low volume product during the scheme year concerned; b may make arrangements for registration fees to be reduced, waived or refunded (whether in whole or in part). Use of registration fees 64 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 enforcement 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 Review of operation of return points and collection etc. of returnable items Review of operation of return points 65 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 return points; b the location of the 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 return points; d the costs involved in the operation of the return points; e the likely impact on the number 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 return 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 any information as to general litter levels and the levels of containers in litter; h any information as to footfall in the area under review; i whether there is sufficient access to return points for persons living in villages and rural areas. 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 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 propose to any scheme supplier 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 cease to operate any return point that the deposit management organisation 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 paragraph (4) or (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 66 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 from on-sale premises and 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. 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 must 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 67 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 costs of purchasing or leasing any machinery, equipment or materials required for the collection or storage (or both) of returnable items; b costs of staff time dedicated to the collection or storage (or both) of returnable items; c 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 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. Chapter 6 Recycling of in-scope materials Recycling of in-scope material from returned refund items 68 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 of 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— S P A / T P A 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 43 or 66 ; “ specified period ” means the period specified in arrangements made under paragraph (1) . Recycling of in-scope material from other returned items 69 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— an overseas scheme administrator, a Scottish deposit administrator, or a Welsh scheme administrator; “ relevant returned item ”— in relation to an overseas scheme administrator, means an overseas scheme item that— is subject to the specified overseas scheme in relation to which the administrator exercises functions, and has been collected or accepted by the deposit management organisation under or in accordance with regulation 43 or 66 ; in relation to a Scottish deposit administrator, means a Scottish scheme item that— is subject to the deposit and return scheme in relation to which the Scottish deposit administrator exercises functions, and has been collected or accepted by the deposit management organisation under or in accordance with regulation 43 or 66 ; in relation to a Welsh scheme administrator, means a Welsh scheme item that— is subject to the Welsh deposit scheme in relation to which the Welsh scheme administrator exercises functions, and has been collected or accepted by the deposit management organisation under or in accordance with regulation 43 or 66 . Amounts received in connection with arrangements made under regulation 68 or 69 70 1 The deposit management organisation may retain any amount that it receives in connection with the arrangements made under regulation 68 or 69 . 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 enforcement authorities 71 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 72 1 The deposit management organisation must— a supply returns data to its registered scheme producers; b inform each registered scheme producer, in such manner and at such intervals as the deposit management organisation considers appropriate, of how many of each of the scheme producer’s deposit items were returned to the deposit management organisation and in respect of which deposits were refunded, within a particular time period, and c make available the returns data to the national enforcement authorities. 2 In this regulation “ returns data ” means— a information that enables registered scheme producers to determine the number of containers returned or not returned under the Scheme, including the proportion 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 73 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 these Regulations “ 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 74 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 scheme items. 3 In this regulation “ specified administrator ” means— a a Welsh scheme administrator, or b a Scottish deposit administrator, or c a person having functions equivalent to those of a scheme administrator under an overseas scheme. Payments to other scheme administrators 75 1 The deposit management organisation may make payments to a specified administrator in connection with the operation of the Scheme or a specified scheme, including, but not limited to, payments equal to the total of any refunds paid by the specified administrator in respect of refund items returned through the specified scheme. 2 In this regulation— “ specified administrator ” means— a Welsh scheme administrator, or a Scottish deposit administrator; “ specified scheme ” means— a Welsh deposit scheme, or a Scottish deposit and return scheme. Chapter 9 Review of decisions Internal review of decisions made by the deposit management organisation 76 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 specify under regulation 77 (1) (a) , the affected person applies to the deposit management organisation for review of the decision. 2 In the table contained in this regulation— a each decision mentioned in column 1 of the table in this regulation is a “relevant decision”, and b 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 77 . 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. Column 1: Decision Column 2: Affected Person Decision to refuse a person’s application to register a low volume line under regulation 18 the person making the application Decision to cancel a product’s registration as a low volume line under regulation 19 the registered scheme producer for that product Decision as to the amount of a registration fee payable by a scheme producer under regulation 63 the registered scheme producer Decision as to the amount of the handling payment payable to a return point operator under regulation 67 the return point operator Decision to cancel a person’s registration as a registered scheme producer under Schedule 1 , paragraph 6 the person whose registration is cancelled Decision to cancel a scheme retailer’s registration as a mandatory return point operator under Schedule 2 , paragraph 4 the scheme retailer Decision to refuse an application for a return point exemption under Schedule 3 , paragraph 3 the person making the application Decision to refuse to renew a return point exemption under Schedule 3 , paragraph 6 the person making the application Decision to revoke a return point exemption under Schedule 3 , paragraph 9 the person making the application Decision to refuse a person’s application for authorisation to operate a return point under Schedule 4 , paragraph 3 the person making the application Decision to refuse a person’s application for registration as a take-back service provider under Schedule 4 , paragraph 6 the person making the application Decision to revoke a person’s authorisation to operate a return point under Schedule 4 , paragraph 10 the person whose authorisation is revoked Decision to revoke a person’s authorisation as a take-back service provider under Schedule 4 , paragraph 10 the person whose authorisation is revoked Internal review: procedure 77 1 The deposit management organisation may specify the procedure for the internal review (“review”) of a relevant decision 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 76 (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 and 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 it to complete a review of the relevant decision, and specify— 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 must not require the payment of any fee in connection with an application for a review. 3 In this regulation “ relevant decision ” has the meaning given in regulation 76 (2) . Status of certain decisions pending outcome of internal review 78 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 76 (5) . 3 In this regulation “affected person” and “relevant decision” have the meanings given in regulation 76 (2) . Chapter 10 Revocation of a person’s appointment as the deposit management organisation Revocation of a person’s appointment as the deposit management organisation 79 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 80 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 modifications set out in paragraphs (4) to (6) . 4 Any reference to the deposit management organisation in any of the provisions mentioned in the definition of “essential DMO functions” is to be read as a reference to the interim scheme administrator. 5 Any registration fee determined under regulation 63 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. 6 Regulation 52 is to be treated as omitted for the purposes of the exercise of the essential DMO functions under this regulation. 7 For the purposes of regulations 76 to 78 — 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 11 and Schedule 1 (registration of scheme producers); b regulation 12 (register of scheme producers); c regulation 14 (DMO instructions); d regulation 18 (registration of low volume products); e regulation 19 (cancellation of registration of low volume products); f regulation 20 (updates on low volume); g regulation 21 (payment of registration fee to deposit management organisation); h regulation 22 (receipt of deposits); i regulation 30 (DMO instructions); j regulations 31 to 33 (overseas schemes); k regulation 34 (4) and (5) and Schedule 2 (registration of mandatory return point operators); l regulation 34 (6) and Schedule 3 (return point exemptions); m regulations 38 and 41 and Schedule 4 (voluntary return points and take-back services); n regulation 39 (operation of return points), in so far as it relates to any return point operated by the deposit management organisation immediately before the revocation date; o regulation 43 (collection or acceptance of returnable items from any person), in so far as it relates to any arrangements made by the deposit management organisation and remaining in effect immediately before the revocation date; p regulations 44 to 46 (registers); q regulation 62 (use of amounts received as deposits); r regulation 63 (registration fees for scheme producers), 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 63 (9) ; s regulation 64 (use of registration fees); t regulation 66 (collection etc. of returnable items); u regulation 67 (handling payments); v regulation 68 (recycling of in-scope material); w regulation 70 (amounts received in connection with arrangements under regulation 68 or 69 ), in so far as it relates to recycling functions under regulation 69 ; x regulation 71 (payment of NEA costs); y regulation 73 (co-operation); z regulation 74 (co-operation with other scheme administrators); z1 regulation 75 (payments to other scheme administrators); z2 regulation 76 (internal review). 9 In this regulation — “ interim period ” means the period— beginning with the revocation date, and 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; “ revocation date ” means the date on which the revocation of the outgoing DMO’s appointment takes effect. Part 8 Targets Collection targets: the deposit management organisation 81 1 The deposit management organisation must 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 (the “collection targets”) is returned to the deposit management organisation. 2 The collection targets are— 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 polyethylene terephthalate (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 a Welsh scheme administrator 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 scheme administrator for the recycling of refund items which are returned in accordance with the Scottish deposit and return scheme in relation to which the Scottish deposit administrator is exercising functions. Part 9 Enforcement Chapter 1 Interpretation Interpretation of Part 9 82 1 In this Part— “ appropriate authority ” means— the local weights and measures authority, in relation to the ALA provisions as they apply in the authority’s area; the Environment Agency; 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. 2 For the purposes of this Part, “the ALA provisions” are the following provisions of these Regulations— a regulation 23 (requirement to supply items from registered scheme producers); b regulation 24 (1) (a) (requirement for deposit items supplied to carry scheme logo); c regulation 24 (1) (b) (requirement for deposit items supplied to carry scheme return code); d regulation 24 (2) (requirement for scheme multipacks supplied to carry the packaging logo); e regulation 25 (1) (restrictions on supply of registered low volume products); f regulation 26 (1) and (6) (requirement to provide or display scheme information); g regulation 27 (1) (requirement to provide or display registered low volume product information); h regulation 28 (1) (scheme retailer: requirement to charge deposit); i regulation 34 (1) (requirement to operate a return point); j regulation 36 (1) (requirement to display information on premises where no return point is operated); k regulation 40 (requirement to display information at a return point); l regulation 41 (requirements for provision of take-back services); m regulation 42 (1) and (5) (requirement to provide or display information about take-back service); n regulation 47 (1) , (2) and (3) (requirements as to payment of total return amount); o regulation 48 (requirement to retain returnable items); p regulation 49 (requirement for take-back service providers to retain returnable items); q regulation 85 (1) (provision of information). Chapter 2 Enforcement powers Enforcement powers: England 83 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 are 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) ; b in section 108(4)(a), the words “(or, in an emergency, at any time and, if need be, by force)” were omitted; c in section 108(4)(f)— i for “articles or substances” there were substituted “containers (within the meaning of regulation 8 of the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025)” ; 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)— i in the words before sub-paragraph (i), for “article or substance as is mentioned in paragraph (g)” there were substituted “container as is mentioned in paragraph (f)” ; ii in sub-paragraph (iii), for the words from “an offence” to the end there were substituted “an offence under regulation 86 or 87 , or any other proceedings relating to the imposition of a civil sanction under regulation 90 , of the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 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 2025 as those Regulations apply in relation to England” ; f in section 108(4)(ka)(ii), 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 to the powers in section 108(4) 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 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 emergency” 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 2025 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. 6 Paragraphs 2 to 6 of Schedule 18 to the EA 1995 (issue of warrants, exercise of powers, information admissible in evidence, duty to secure premises and compensation) apply to the applied enforcement powers as they apply to the powers conferred by section 108(4) 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 “sheriff” 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) . Enforcement powers: Northern Ireland 84 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 emergency, at any time and, if need be, by force)” were omitted; c in Article 72(2)(f)— i for “articles or substances” there were substituted “containers (within the meaning of regulation 8 of the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025)” ; 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 sub-paragraph (g)” there were substituted “container as is mentioned in paragraph (f)” ; ii in sub-paragraph (iii), for the words from “an offence” to the end there were substituted “an offence under regulation 86 or 87 , or any other proceedings relating to the imposition of a civil sanction under regulation 90 , of the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 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” to “he acts” there were substituted “the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 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 2025 as those Regulations apply in relation to Northern Ireland” ; g after Article 72(2) there were inserted— 2A An authorised person must 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 as if— a any reference to an authorised person (however expressed) were to a person authorised under paragraph (1) ; 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 emergency” were omitted. 5 Article 72(9) and (10) of the WCLO 1997 applies 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 authorised 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 ; b “ the applied enforcement powers ” means the powers conferred by paragraphs (1) and (2). Information 85 1 An appropriate authority may, by notice (an “information notice”), require a duty-holder to provide information which the enforcement authority requires for the purposes of carrying out its functions under, or in connection with, the Scheme. 2 An information 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 scheme producer, a scheme supplier, a scheme collector, or the deposit management organisation; “ specified ” means specified in a notice under paragraph (1) . Chapter 3 Offences Obstructing an authorised person 86 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 83 (1) or 84 (1) ; “ enforcement functions ”, in relation to an authorised person, means the powers which that person is authorised to exercise under regulation 83 or 84 . Failure to comply with civil sanction 87 1 A person who fails to comply with a civil sanction imposed under regulation 90 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. 88 1 If a relevant offence— a 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. 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 ”— in relation to a body corporate, means— a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or where the affairs of the body corporate are managed by its members, a member; in relation to a limited liability partnership, means a member; in relation to a relevant partnership, means a partner; 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 86 or 87 ; “ relevant partnership ” means a partnership, other than a limited liability partnership, and includes a Scottish partnership. Chapter 4 Civil sanctions Interpretation 89 In this Chapter “ enforcement authority ” means— a the local weights and measures authority in relation to— i an offence under regulation 86 , where the person obstructed or not assisted was authorised by an authority under regulation 83 ; ii 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 85 (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 86 , where the person obstructed or not assisted was authorised by the Agency under regulation 83 ; ii a civil sanction specified in the CS Table for— aa any contravention of a provision other than an ALA provision in England, bb any contravention of regulation 85 (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 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 86 , where the person obstructed or not assisted was authorised by DAERA under regulation 84 ; ii a civil sanction specified in the CS Table for— aa any contravention of a provision in Northern Ireland, bb any contravention of regulation 85 (3) in relation to a notice given by DAERA or the provision of false or misleading information in response to such a notice, or 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 . Civil sanctions: introductory 90 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 fixed monetary penalty or variable monetary penalty as a civil debt or on the order of a court, as if payable under a court order. Enforcement cost recovery notices 91 1 An enforcement authority may serve a notice (an “enforcement cost recovery notice”) on a person on whom a variable monetary penalty notice in accordance with Part 4 of Schedule 6 , or a compliance notice in accordance with Part 5 of Schedule 6 , 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, 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 enforcement 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 92 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 and any costs that it receives under this Part. Withdrawing or amending a notice 93 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 enforcement action in public register 94 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 86 , 87 or 88 ; b any civil sanction imposed under regulation 90 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 91 . 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 the 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 inspection by members of the public at all reasonable times, free of charge, and b permit members of the public to obtain copies of entries on the public register on payment of a reasonable charge. 8 The 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 95 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 (rehabilitation periods for particular sentences) as it applies in England; b Article 3 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 . Part 10 Appeals Interpretation of Part 10 96 In this Part— “ appeal body ” means— in relation to England or an appeal under paragraph 8 of Schedule 5 , the First-tier Tribunal; in relation to Northern Ireland, the appeals commission; “ appeals commission ” means the planning appeals commission provided for in accordance with section 203 of the Planning Act (Northern Ireland) 2011 ; “ enforcement authority ” has the meaning given in regulation 89 . Right of appeal 97 1 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 2 of Schedule 5 , b a decision to revoke the person’s appointment as the deposit management organisation under paragraph 4 of Schedule 5 , or c a civil sanction imposed under a notice, or enforcement cost recovery notice, issued under Part 9 which is subject to an appeal. 2 An appeal under paragraph (1) may only be brought on the grounds that the person making the decision made a material mistake of law. Procedure on appeal 98 1 Where an appeal is made to the appeal body under regulation 97 — a subject to sub-paragraph (b) and regulation 99 , the decision which is the subject of the appeal, including a decision to appoint a person other than the person who is making the appeal to be the deposit management organisation, 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 as defined in regulation 82 (1) 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 appeals commission so decides, the appeal must be 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 99 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 100 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. Part 11 Functions of the national enforcement authorities Operational plans 101 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 52 . Enforcement 102 The national enforcement authorities shall take enforcement action as set out in Part 9 . Co-operation with deposit management organisations 103 Each national enforcement authority must, under regulation 73 , 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 104 The national enforcement authorities— a must consider the annual reports submitted by a deposit management organisation under regulation 53 ; b may request such additional reports from the deposit management organisation as the national enforcement authorities consider necessary. Monitoring functions 105 Each national enforcement authority must monitor— a compliance by registered 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 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 registered scheme producers; g the accuracy of the information provided by scheme retailers; h the accuracy of the information provided by the deposit management organisation. Monitoring reports 106 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 Secretary of State or DAERA, as appropriate, a report setting out its proposed monitoring plan. 2 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. 3 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 105 ; b details of the monitoring the authority proposes to carry out during the following calendar year including its monitoring relating to registered scheme producers and to deposit management organisations. 4 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 107 Where an appeal body under regulation 100 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 108 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 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 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(4) of that Act). Mary Creagh Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 23rd January 2025