The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025

• Citation: S.I. 2025/67
• Sections: 174

Section 1 Citation and commencement

(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.

Section 2 Extent and application

(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 .

Section 3 Meaning of “drink”

(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.

Section 4 Meaning of “deposit item”, “scheme producer”, “scheme retailer”, “scheme supplier”, “supply” and related matters

(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.

Section 5 Meaning of “established in the United Kingdom”

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.

Section 6 Meaning of “established in the Republic of Ireland”

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.

Section 7 The refund

(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.

Section 8 General interpretation

(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.

Section 9 Establishment of Deposit Scheme for Drinks Containers in England and Northern Ireland

(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.

Section 10 Circumstances in which a person is not entitled to a relevant amount for a returnable item

(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) .

Section 11 Requirement for scheme producers to be registered to supply SP container drinks

(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.

Section 12 Register of registered scheme producers

(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.

Section 13 Requirement for registered scheme producers to keep records about supply of SP container drinks

(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.

Section 14 Deposit management organisation: power to obtain information from registered scheme producers

(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.

Section 15 Persons ceasing to be registered scheme producers: cancellation of registration

Part 2 of Schedule 1 contains provision about the cancellation of a person’s registration with the deposit management organisation as a scheme producer.

Section 16 Persons ceasing to be registered scheme producers: continuing duties and requirements to record and provide information.

(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.

Section 17 Persons ceasing to be registered scheme producers: updating of the SP register

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.

Section 18 Registration of a product line as a “low volume line”

(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.

Section 19 Cancellation of registration of a product line as a “low volume line”

(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 .

Section 20 Registration of a product line as a “low volume line”: updates to the SP register

(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.

Section 21 Producer registration fees

A registered scheme producer must pay any registration fee, or any instalment of such a fee, to the deposit management organisation.

Section 22 Deposits

(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.

Section 23 Prohibition on supply of drinks produced etc. by a scheme producer who is not registered with the deposit management organisation

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.

Section 24 Labelling of deposit items and scheme multipacks

(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.

Section 25 Labelling of registered low volume products

(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.

Section 26 Duty to display information about the Scheme

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

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

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

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

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

(a) so it is available to people choosing deposit items, and

(b) so as to comply with paragraph (7) .

(4) But paragraph (3) does not apply—

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

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

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

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

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

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

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

(8) In these Regulations “ scheme information ” means—

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

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

(i) the amount payable for the deposit item excluding the deposit,

(ii) the deposit level, and

(iii) the amount payable for the deposit item including the deposit, and

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

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

Section 27 Duty to display information about registered low volume products

(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.

Section 28 Requirement to charge a deposit

(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.

Section 29 Duty to display information at or on opted-out premises

(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.

Section 30 Deposit management organisation: power to obtain information from scheme suppliers

(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.

Section 31 Direction specifying an overseas scheme for the purposes of these Regulations

(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.

Section 32 Determination of overseas refund amount

(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.

Section 33 The amount of the additional scheme refund: supplementary provisions

(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.

Section 34 Requirement for in-scope retailers to operate a return point at, on or from MRP premises

(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.

Section 35 Exemption for small groceries retailers in urban areas

(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 .

Section 36 Requirement for groceries retailers to provide information at or on retail premises without a return point

(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.

Section 37 Interpretation

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 ).

Section 38 Voluntary return points

(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.

Section 39 Operation of return points by the deposit management organisation

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.

Section 40 Information to be provided at a return point

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.

Section 41 Provision of take-back services

(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.

Section 42 Information about take-back services

(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.

Section 43 Collection or acceptance of returnable items by the deposit management organisation

(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.

Section 44 Register of return point operators and deposit management organisation return points

(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.

Section 45 The register of return point exemptions

(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.

Section 46 The register of take-back service providers

(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.

Section 47 Form of return amount

(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.

Section 48 Requirement for return point operators to retain returnable items

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.

Section 49 Requirement for take-back service providers to retain or return returnable items

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.

Section 50 The deposit management organisation

(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.