The Deposit Scheme for Drinks Containers (Wales) Regulations 2026

• Citation: S.I. 2026/103 (W.)
• Sections: 168

Section 1 Title and coming into force

(1) The title of these Regulations is the Deposit Scheme for Drinks Containers (Wales) Regulations 2026.

(2) Except as provided in paragraphs (3) and (4), these Regulations come into force on 1 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 12 (requirement for scheme producers to be registered to supply SP container drinks) so far as it relates to registration of scheme producers;

(d) Chapter 1 of Part 6 (items subject to overseas schemes);

(e) regulation 35 (requirement for groceries retailers who supply deposit items to operate a return point at, on or from MRP premises) so far as it relates to—

(i) registration of in-scope retailers as mandatory return point operators, and

(ii) applications for return point exemptions;

(f) regulation 36 (exemption for small in-scope retailers in urban areas);

(g) regulation 38 (voluntary return point);

(h) Part 7 (the scheme administrator: the deposit management organisation), except regulation 73;

(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 and the revocation of any such appointment.

(4) Regulation 73 (reuse of returned refund items) comes into force on 1 October 2030.

Section 2 Extent and application

(1) These Regulations extend to England and Wales.

(2) These Regulations apply in relation to Wales.

(3) But nothing in these Regulations applies in relation to—

(a) the supply of container drinks in export shops,

(b) the supply of existing container drinks, or

(c) the bottles or cans in which any of those drinks are or were supplied.

(4) In this regulation—

“ existing container drink ” (“ diod gynhwysydd presennol ”) means a container drink which is first supplied in any part of the United Kingdom before 1 October 2027;

“ export shop ” (“ siop allforio ”) has the meaning given in regulation 2(2) of the Excise Goods (Export Shops) Regulations 2000 .

Section 3 Transitional arrangements for glass deposit items

(1) During the transitional period—

(a) where a person provides a glass container from a glass deposit item to a scheme collector, regulation 11(2)(a) is to be read as if “(including where it is not carrying a scheme logo or scheme return code)” were omitted,

(b) where a scheme supplier supplies a glass deposit item regardless of whether the glass deposit item is or is intended to be supplied to consumers in a scheme multipack, regulation 25 does not apply,

(c) regulations 61, 62 and 63 do not apply in respect of a glass deposit item, and

(d) the amount of the deposit in respect of a glass deposit item is 0 pence.

(2) In these Regulations “ transitional period ” means the period beginning with 1 October 2027 and ending with 30 September 2031.

Section 4 Meaning of “drink”

(1) In 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 satisfies the conditions in paragraph (2).

(2) A liquid satisfies the conditions in this paragraph if it constitutes a beverage suitable for human consumption if it is—

(a) diluted,

(b) combined with crushed ice or processed to create crushed ice,

(c) combined with carbon dioxide, or

(d) prepared by way of a process which involves any combination of the processes mentioned in sub-paragraphs (a) to (c).

(3) Liquids which satisfy the conditions in paragraph (2) include liquids such as fruit cordials or squashes.

(4) But a liquid does not satisfy the conditions in paragraph (2) if it is used in a beverage suitable for human consumption only for one or more of the following purposes (whether or not it may be used for any other purpose)—

(a) to add flavour to a beverage,

(b) to enhance the flavour of the beverage, or

(c) to sweeten the beverage.

(5) Liquids referred to in paragraph (4) include liquids such as coffee flavouring syrups, sugar syrups, and hot sauces.

(6) “ 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 5 Meaning of “supply” and related matters

(1) For the purpose of these Regulations, a person (“ S ”) supplies a container drink if, in the course of a business, S supplies, 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 Wales, or

(b) with a view to the drink being consumed in Wales.

(2) But where a container drink is offered for supply or supplied in connection with the supply of goods or services through a means of distance communication, S supplies that container drink only if—

(a) S determines that it is to be offered for supply or supplied in connection with the supply of goods or services through that means of distance communication, and

(b) S provides it for supply.

(3) In paragraph (2) it does not matter who undertakes—

(a) to obtain payment for the container drink or the other goods or services, or

(b) to operate or provide the relevant means of distance communication.

(4) In the case of a cross-border distance supply of a container drink, the container drink is to be treated as supplied in Wales, where the person to whom it is supplied is located in Wales.

(5) In paragraph (4), “ 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, is located in Wales and the scheme supplier is located outside Wales.

Section 6 Meaning of “scheme producer”, “scheme retailer”, “scheme supplier” and related matters

In these Regulations—

“ importer ” (“ mewnforiwr ”) means a person who—

imports a non-UK container drink into the United Kingdom, and

is the first person established in the United Kingdom to offer for supply, in Wales, that non-UK container drink;

“ manufacturer ” (“ gweithgynhyrchydd ”), 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, trade mark or other distinguishing mark of another person, that other person;

“ non-UK container drink ” (“ diod gynhwysydd nad yw’n dod o’r DU ”) means a container drink from outside the United Kingdom;

“ scheme producer ” (“ cynhyrchydd cynllun ”) means a person who is established in the United Kingdom and is one or more of the following—

a manufacturer of container drinks,

an importer, or

a person who fills to order;

“ scheme retailer ” (“ manwerthwr cynllun ”) means a scheme supplier who supplies deposit items to consumers;

“ scheme supplier ” (“ cyflenwr cynllun ”) means a person who—

is established in the United Kingdom, and

supplies deposit items.

Section 7 Meaning of “established in the United Kingdom”

In 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 8 The refund

(1) In these Regulations the refund in respect of a refund item is an amount equal to the greater of—

(a) the amount of the deposit on the date on which the refund item is returned, or

(b) the amount of the deposit on the date on which the refund item was supplied.

(2) The references in paragraph (1) to the deposit are to be read as the deposit for a deposit item which is comparable to the refund item.

(3) In 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 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 consumer in a scheme multipack.

Section 9 General interpretation

(1) In these Regulations—

“ the 2021 Act ” (“ Deddf 2021” ) means the Environment Act 2021;

“ brand name ” (“ enw brand ”) means the primary name by which a drink is known;

“ brand owner ” (“ perchennog brand ”), in relation to a container drink, means the person under whose name, trade mark or other distinguishing mark that container drink is marketed or otherwise offered for supply in Wales;

“ charitable purpose ” (“ diben elusennol ”) has the meaning given in section 2(1) of the Charities Act 2011 ;

“ charity ” (“ elusen ”) means a body established for charitable purposes only (whether or not it is registered as a charity in any part of the United Kingdom);

“ code ” (“ cod ”) means a bar code, QR code or other code from which information can be obtained by scanning it electronically;

“ code requirements ” (“ gofynion cod ”) has the meaning given in regulation 58(1);

“ collection targets ” (“ targedau casglu ”) has the meaning given in regulation 84(1);

“ connected goods or services ” (“ nwyddau neu wasanaethau cysylltiedig ”) means any goods or services which, when purchased or received by a consumer, results in the consumer being provided with a free container drink;

“ consumer ” (“ treuliwr ”) means a person acting otherwise than in the course of a business who purchases or receives goods or services solely for personal use;

“ container ” (“ cynhwysydd ”) 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 3 litres of liquid, and

is likely to be used only once, or for a short period of time, before being discarded;

“ container drink ” (“ diod gynhwysydd ”) means a drink in a securely closed container;

“ container line ” (“ llinell gynwysyddion ”) has the meaning given in regulation 19(7), as read with regulation 19(8);

“ convenience store ” (“ siop gyfleustra ”) 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;

“ deposit ” (“ ernes ”) means—

except as provided in paragraph (b), in relation to a deposit item, a deposit of an amount determined under Chapter 4 of Part 7;

in relation to a glass deposit item during the transitional period, a deposit of the amount specified in regulation 3(1)(d);

“ deposit item ” (“ eitem ernes ”) means a container drink other than a registered low volume product;

“ deposit management organisation ” (“ sefydliad rheoli ernes ”) has the meaning given in regulation 51(1);

“ deposit scheme ” (“ cynllun ernes ”) has the meaning given in paragraph 1(2) of Schedule 8 to the 2021 Act;

“ DMO function ” (“ swyddogaeth SRhE ”) means a function conferred on the deposit management organisation by or under the Scheme;

“ DMO instruction ” (“ cyfarwyddiad SRhE ”) means a request in writing from the deposit management organisation which—

may be given to a specified registered scheme producer, all registered scheme producers of a specified description or all registered scheme producers;

may be given to a specified scheme supplier, all scheme suppliers of a specified description, or all scheme suppliers;

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;

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 ” (“ diod ”) has the meaning given in regulation 4(1);

“ England and Northern Ireland deposit scheme ” (“ cynllun ernes Lloegr a Gogledd Iwerddon ”) means a deposit scheme established by the Secretary of State in relation to England and Northern Ireland under section 54 of, and Schedule 8 to, the 2021 Act;

“ England and Northern Ireland refund amount ” (“ swm ad-daliad Lloegr a Gogledd Iwerddon ”), in relation to an England and Northern Ireland scheme item, means a sum equal to the deposit payable for that item under the England and Northern Ireland deposit scheme;

“ England and Northern Ireland scheme administrator ” (“ gweinyddwr cynllun Lloegr a Gogledd Iwerddon ”) means a person exercising the functions of a scheme administrator in relation to the England and Northern Ireland deposit scheme;

“ England and Northern Ireland scheme item ” (“ eitem cynllun Lloegr a Gogledd Iwerddon ”) means a container that is a deposit item under the England and Northern Ireland deposit scheme;

“ fill to order ” (“ llenwi yn unol ag archeb ”) means the filling of a container with drink in response to an order from a consumer and the closing of that container securely (irrespective of whether the consumer is present);

“ filled to order container drink ” (“ diod gynhwysydd wedi ei llenwi yn unol ag archeb ”) means a container drink that has been filled to order;

“ First-tier Tribunal ” (“ Tribiwnlys yr Haen Gyntaf ”) means the First-tier Tribunal established under section 3(1) of the Tribunals, Courts and Enforcement Act 2007 ;

“ glass container ” (“ cynhwysydd gwydr ”) means a bottle, 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 glass,

has a capacity of at least 150 millilitres but no more than 3 litres of liquid, and

is likely to be used only once, or for a short period of time, before being discarded;

“ glass container drink ” (“ diod gynhwysydd gwydr ”) means a drink in a securely closed glass container;

“ glass deposit item ” (“ eitem ernes wydr ”) means a glass container drink other than a registered low volume product;

“ groceries ” (“ nwyddau groser ”) 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, but excluding 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 ” (“ manwerthwr nwyddau groser ”) 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 selling food and drink for consumption on and off the premises;

a hospitality venue such as a bar, restaurant, cafe 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 for consumption off or on the premises, which is located within the grounds of—

a school within the meaning of section 4 of the Education Act 1996 ;

a nursery school within the meaning of section 6 of the Education Act 1996;

an institution within the further or higher education sector within the meaning of section 91 of the Further and Higher Education Act 1992 ;

a hospital within the meaning of section 206 of the National Health Service (Wales) Act 2006 ;

“ handling payment ” (“ taliad am drin eitemau y gellir eu dychwelyd ”) has the meaning given in regulation 69(1);

“ importer ” (“ mewnforiwr ”) has the meaning given in regulation 6;

“ in-scope material ” (“ deunydd a gwmpesir ”) means—

aluminium,

glass,

polyethylene terephthalate (PET) plastic, or

steel;

“ in-scope premises ” (“ mangre a gwmpesir ”) means any premises which are not—

MRP premises, or

premises at which the deposit management organisation operates a return point (see regulation 39);

“ in-scope retailer ” (“ manwerthwr a gwmpesir ”) has the meaning given in regulation 35(3);

“ interim scheme administrator ” (“ gweinyddwr cynllun interim ”) means the Welsh Ministers or the person appointed under regulation 83(4)(b);

“ local weights and measures authority ” (“ awdurdod pwysau a mesurau lleol ”) has the meaning given in section 69(2) of the Weights and Measures Act 1985 ;

“ low volume line ” (“ llinell swmp isel ”) has the meaning given in regulation 19(1);

“ mandatory return point ” (“ man dychwelyd mandadol ”) means a return point which an in-scope retailer is required to operate under regulation 35;

“ mandatory return point operator ” (“ gweithredwr man dychwelyd mandadol ”) has the meaning given in regulation 35(5);

“ means of distance communication ” (“ cyfrwng cyfathrebu o hirbell ”) 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 or services;

“ mixed retail premises ” (“ mangre manwerthu cymysg ”) means premises where a scheme retailer supplies deposit items for consumption on and off those premises;

“ MRP premises ” (“ mangre MDM ”), in relation to a groceries retailer, means a premises at 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 consumers only by means of a vending machine, or

on-sale premises;

“ multipack ” (“ pecyn aml-gynnwys ”) 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;

“ NRW ” (“ CNC ”) means Natural Resources Wales;

“ NRW costs ” (“ costau CNC ”) means the costs incurred by NRW in exercising the functions conferred on it by these Regulations;

“ on-sale premises ” (“ mangre yfed lle y gwerthir ”) means premises where a scheme retailer supplies deposit items only for consumption on those premises;

“ operational plan ” (“ cynllun gweithredol ”) means a plan prepared by the deposit management organisation for the administration of the Scheme and the exercise of the deposit management organisation’s functions and includes any revisions made to the plan under regulation 53;

“ opt-out decision ” (“ penderfyniad optio allan ”) has the meaning given in regulation 29(2);

“ opted-out premises ” (“ mangre wedi ei hoptio allan ”) means premises in respect of which a scheme supplier has, for the time being, made an opt-out decision;

“ other scheme administrators ” (“ gweinyddwyr cynllun eraill ”) means the England and Northern Ireland scheme administrator, the Scottish deposit administrator and any overseas scheme administrator;

“ overseas refund amount ” (“ swm ad-daliad tramor ”) has the meaning given in regulation 33(1);

“ overseas scheme ” (“ cynllun tramor ”) means a scheme which is established outside the United Kingdom and is equivalent to a deposit scheme;

“ overseas scheme administrator ” (“ gweinyddwr cynllun tramor ”) means a person who exercises functions in relation to a specified overseas scheme, equivalent to those of the scheme administrator of a deposit scheme;

“ overseas scheme item ” (“ eitem cynllun tramor ”) means a container that is the subject of a specified overseas scheme;

“ premises ” (“ mangre ”) includes land, buildings, moveable structures, a motor vehicle, ship or boat, train, tram, aircraft or hovercraft;

“ pre-packed drink line ” (“ llinell diodydd wedi eu pacio ymlaen llaw ”) has the meaning given in regulation 19(7), as read with regulation 19(8);

“ product line ” (“ llinell gynhyrchion ”) has the meaning given in regulation 19(7);

“ proper address ” (“ cyfeiriad priodol ”) means—

the address of a person’s registered or principal office,

a person’s address for service, if different from the address mentioned in paragraph (a), or

the address of the premises where there is, or there is proposed to be, a return point;

“ publication ” (“ cyhoeddiad ”) means a catalogue, newspaper, magazine, periodical, or other similar publication;

“ refund ” (“ ad-dailiad ”) has the meaning given in regulation 8(1);

“ refund item ” (“ eitem ad-daliad ”) means the container from a deposit item;

“ registered low volume product ” (“ cynnyrch swmp isel cofrestredig ”) 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 container 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 ” (“ cynhyrchydd cynllun cofrestredig ”) means a scheme producer who is registered with the deposit management organisation under regulation 12;

“ registration fee ” (“ ffi gofrestru ”) has the meaning given in regulation 65(2);

“ relevant enforcement function ” (“ swyddogaeth orfodi berthnasol ”) means a function of NRW under Part 9 in respect of any act or omission by the deposit management organisation;

“ return amount ” (“ swm dychwelyd ”) means—

in relation to an England and Northern Ireland scheme item, the England and Northern Ireland refund amount;

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 refund item, a refund;

“ return point ” (“ man dychwelyd ”) means a place in Wales where a person can return returnable items to a return point operator and obtain the return amount for those items;

“ return point exemption ” (“ esemptiad man dychwelyd” ) has the meaning given in regulation 35(2);

“ return point operator ” (“ gweithredwr man dychwelyd ”) means a person who operates a return point;

“ returnable item ” (“ eitem y gellir ei dychwelyd ”) means—

an England and Northern Ireland scheme item;

an overseas scheme item;

a Scottish scheme item;

a refund item;

“ reuse ” (“ ailddefnyddio ”) means any operation by which refund items are used again for the same purpose for which they were conceived;

“ the Scheme ” (“ y Cynllun ”) means the deposit scheme established under regulation 10(1);

“ scheme collector ” (“ casglwr cynllun ”) means—

a return point operator, or

a take-back service provider;

“ scheme information ” (“ gwybodaeth cynllun ”) has the meaning given in regulation 27(8);

“ scheme logo ” (“ logo cynllun ”) has the meaning given in regulation 56(1)(a);

“ scheme multipack ” (“ pecyn aml-gynnwys cynllun ”) means a multipack which contains deposit items (whether or not it contains any other items);

“ scheme packaging logo ” (“ logo pecynwaith cynllun ”) has the meaning given in regulation 56(1)(b);

“ scheme producer ” (“ cynhyrchydd cynllun ”) has the meaning given in regulation 6;

“ scheme retailer ” (“ manwerthwr cynllun ”) has the meaning given in regulation 6;

“ scheme return code ” (“ cod dychwelyd y cynllun ”) has the meaning given in regulation 58(1);

“ scheme supplier ” (“ cyflenwr cynllun ”) has the meaning given in regulation 6;

“ scheme year ” (“ blwyddyn gynllun” ) means—

the period beginning with 1 October 2027 and ending with 31 December 2028 (“ first scheme year ”), or

any subsequent period of 12 months beginning with 1 January;

“ Scottish deposit administrator ” (“ gweinyddwr ernes yr Alban ”) means a person exercising the functions of a scheme administrator in relation to a Scottish deposit and return scheme;

“ Scottish deposit and return scheme ” (“ cynllun ernes a dychwelyd yr Alban ”) means a deposit and return scheme under section 84 of the Climate Change (Scotland) Act 2009 ;

“ Scottish refund amount ” (“ swm ad-daliad yr Alban ”), 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 ” (“ eitem cynllun yr Alban” ) means a container that is the subject of a Scottish deposit and return scheme;

“ SP container ” (“ cynhwysydd CC ”), in relation to a scheme producer, means the container from an SP container drink;

“ SP container drink ” (“ diod gynhwysydd CC ”), in relation to a scheme producer, means—

a container drink which is manufactured 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 ” (“ y gofrestr CC ”) has the meaning given in regulation 13(1);

“ specified overseas scheme ” (“ cynllun tramor penodedig ”) has the meaning given in regulation 32(1);

“ take-back service ” (“ gwasanaeth cymryd yn ôl ”) means a service under which returnable items are collected from consumers from any place other than premises at or on which a scheme retailer sells groceries to consumers;

“ take-back service provider ” (“ darparwr gwasanaeth cymryd yn ôl ”) means a scheme retailer who is registered to provide a take-back service;

“ transitional period ” (“ cyfnod trosiannol ”) has the meaning given in regulation 3(2);

“ UK retail sale ” (“ gwerthu drwy fanwerthu yn y DU ”) has the meaning given in regulation 19(7);

“ vending machine ” (“ peiriant gwerthu ”) means an automatic machine for the supply of deposit items (whether alone or together with other products);

“ voluntary return point ” (“ man dychwelyd gwirfoddol ”) means a return point which is not a mandatory return point.

(2) In these Regulations, a reference to the size of a multipack is a reference to the number of SP container drinks contained in the multipack.

(3) In these Regulations, it does not matter whether deposit items are—

(a) intended to be presented for supply to consumers in scheme multipacks or as single items;

(b) presented for supply to consumers in scheme multipacks or as single items;

(c) supplied to consumers in scheme multipacks or as single items.

(4) In 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 any 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 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 4(2).

(7) A reference to a person supplying container drinks for “ immediate consumption ” on premises includes where the container drinks are supplied for consumption in an area in close proximity to those premises—

(a) where seating is 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, direction, decision, determination, undertaking, notification or notice, including the withdrawal or amendment of a notice, 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 a person, documents may be sent to that email address under these Regulations.

(10) A notice or other document (the “ document ”) given by the Welsh Ministers, NRW, the deposit management organisation or a local weights and measures authority to any person under 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 that 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 electronic means, on the business day after the day on which the document is transmitted.

Section 10 Establishment of Deposit Scheme for Drinks Containers in Wales

(1) These Regulations establish in Wales a deposit scheme in respect of containers in which drinks are supplied, for the purposes of—

(a) sustaining, promoting and securing an increase in the reuse of refund items and recycling of materials, and

(b) reducing littering and fly-tipping.

(2) Under the Scheme—

(a) a person supplied with a deposit item by a scheme supplier pays a deposit to the scheme supplier, and

(b) a person who provides a returnable item to a scheme collector is entitled to be paid the return amount for that item by the scheme collector.

(3) Paragraph (2)(a) is subject to regulations 3(1)(d) and 29 and paragraph (2)(b) is subject to regulation 11.

Section 11 Circumstances in which a person is not entitled to a return 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 include—

(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 the scheme collector’s faith or belief;

(f) where the scheme collector is a scheme retailer, the person providing the returnable item is attempting to return a number of returnable items which is disproportionately greater than the average number of deposit items that the scheme retailer would supply to a consumer in a single transaction.

(3) A returnable item is to be treated as intact under paragraph (2)(d) 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) A scheme collector cannot refuse to accept a returnable item solely on the ground that it is a drink which the return point operator does not, or, if the return point operator were a scheme supplier, would not, supply otherwise than as provided for in paragraph (2)(e).

Section 12 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 as a registered scheme producer.

(2) Part 1 of Schedule 1 contains provision about the registration of scheme producers.

Section 13 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;

(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 any registered low volume products and, if so, what those products are and the date on which the product line was registered as a low volume line.

(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 line.

(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 14 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 7 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 is 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) whether the SP container drink is a registered low volume product.

Section 15 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, within 28 days beginning with the day after the compliance date, notify NRW and provide to NRW all relevant information and documents.

(4) Where a registered scheme producer has provided, in response to a DMO instruction, information which the deposit management organisation reasonably believes to be incomplete, the deposit management organisation must, within 28 days beginning with the day after the compliance date, notify NRW and provide to NRW all relevant information and documents.

(5) Where a registered scheme producer has failed to respond to a DMO instruction by the compliance date, the deposit management organisation must, within 28 days beginning with the day after the compliance date, notify NRW and provide to NRW all relevant information and documents.

(6) In this regulation “ specified ” means specified in a DMO instruction.

Section 16 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 registered scheme producer.

Section 17 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—

(a) regulation 14(1)(b),

(b) regulation 15(2) (whether the DMO instruction is given before, on or after the registration cancellation date), and

(c) regulation 23.

(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 14, 15 and 23 (however expressed) is to be read as including a reference to the outgoing producer.

(6) In this regulation and regulation 18—

“ outgoing producer ” (“ cynhyrchydd ymadawol ”) means a person whose registration as a registered scheme producer is cancelled by the deposit management organisation under Part 2 of Schedule 1;

“ registration cancellation date ” (“ dyddiad canslo cofrestriad ”) means the day on which the cancellation of an outgoing producer’s registration as a registered scheme producer takes effect.

Section 18 Persons ceasing to be registered scheme producers: updating 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 to bring that change to the attention of scheme suppliers.

Section 19 Registration of a product line as a “low volume line”

(1) A registered 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 in the product line for UK retail sale in that scheme year will not exceed 6,250;

(b) any other scheme year, if the number of containers in the product line for UK retail sale in that scheme year will not exceed 5,000.

(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 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 product 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.

(6) A notification under paragraph (5) must—

(a) where the LVL application is granted, state the scheme year in relation to which the 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 79 to ask the deposit management organisation to review its decision.

(7) In these Regulations—

“ container line ” (“ llinell gynwysyddion ”) 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;

“ pre-packed drink line ” (“ llinell diodydd wedi eu pacio ymlaen llaw ”) means a group of containers in which a particular drink is made available in a scheme year and which—

are made wholly or mainly from the same in-scope material, and

have the same capacity;

“ product line ” (“ llinell gynhyrchion ”) means a pre-packed drink line or a container line;

“ UK retail sale ” (“ gwerthu drwy fanwerthu yn y DU ”) means supply by way of sale to consumers in the United Kingdom.

(8) For the purpose of the definitions of “ container line ” and “ pre-packed drink line ” it does not matter—

(a) whether or not the outward appearance of the containers is the same;

(b) whether or not all of the drinks are, or are intended to be, sold to consumers in the United Kingdom in multipacks;

(c) whether the products are produced in more than one phase of production or, where imported, are imported at different times.

Section 20 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 19 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 registered scheme producer must, as soon as reasonably practicable, in relation to the registration of a product line as a low volume line, notify the deposit management organisation—

(a) that the registered scheme producer intends to exceed the relevant threshold in regulation 19(1) (“ the number threshold ”) in relation to that product line, or

(b) that the registered scheme producer has exceeded the number 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 registered scheme producer notifies 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 it is satisfied that the number 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), it must, as soon as reasonably practicable, give a notice (a “ proposal notice ”) to the relevant registered scheme producer.

(5) A proposal notice must be in writing and must—

(a) state the reasons why the deposit management organisation is proposing to cancel the registration,

(b) specify the day on which the deposit management organisation proposes to cancel the product line’s registration as a low volume line, and

(c) specify—

(i) the form and manner in which any representations may 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 day after the day on which the registered scheme producer receives the proposal notice.

(6) The deposit management organisation—

(a) must consider any representations made in the form and manner, and within the period specified in paragraph (5)(c);

(b) may consider any representations which are not made in the form and manner or within the period specified in paragraph (5)(c).

(7) Where the deposit management organisation decides, following consideration of any representations made by the registered scheme producer, not to cancel the product line’s registration as a low volume line, it must, as soon as reasonably practicable, give the registered scheme producer a notice, in writing, of its decision.

(8) The deposit management organisation must give the registered scheme producer notice of the cancellation of the product line’s registration as a low volume line (an “ LVL cancellation notice ”), where—

(a) it decides, following consideration of any representations made by the registered scheme producer, to cancel the product line’s registration as a low volume line, or

(b) the registered scheme producer does not make any representations to the deposit management organisation.

(9) An LVL cancellation notice must be in writing and must state—

(a) that the product line’s registration as a low volume line is being cancelled and give the reasons why,

(b) the date when cancellation of the registration will take effect, and

(c) that the registered scheme producer has a right under regulation 79 to ask the deposit management organisation to review its decision.

(10) If the registered scheme producer exercises the right referred to in paragraph (9)(c), the LVL cancellation notice must not take effect before the end of the period specified in regulation 81(2).

(11) The date specified under paragraph (9)(b) must not be before the end of the 28-day period specified in regulation 79(1)(b).

Section 21 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 registered scheme producer is registered as a low volume line in relation to a scheme year, or

(ii) the registration of any product line as a low volume 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 it 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 registered 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 22 Registered scheme producer registration fee

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

Section 23 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 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 24 Prohibition on supply of deposit items from 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) where the scheme producer’s registration is cancelled under paragraph 5 or 6 of Schedule 1, was a registered scheme producer at the time the deposit item was made available for supply to the scheme supplier.

Section 25 Labelling of deposit items and scheme multipacks

(1) A scheme supplier must not supply a deposit item, regardless of whether the deposit item is or is intended to be supplied to consumers in a scheme multipack, unless the deposit item carries—

(a) the required item logo, and

(b) a scheme return code.

(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) a scheme packaging logo is first issued after 1 October 2027, and

(b) the scheme multipack was first made available for supply before the date specified for the purposes of regulation 56(4) in relation to that logo.

(4) In this regulation—

“ required item logo ” (“ logo eitem sy’n ofynnol ”), in relation to a deposit item means—

the scheme logo, or

if the deposit item was produced or imported before the date specified under regulation 56(4) in relation to the scheme logo, the logo issued under regulation 56 when the deposit item was produced or imported;

“ required packaging logo ” (“ logo pecynwaith sy’n ofynnol ”), in relation to a scheme multipack means—

the scheme packaging logo, or

if the scheme multipack was first made available for supply in Wales before the date specified under regulation 56(4) in relation to the scheme packaging logo, the logo issued under regulation 56 when the scheme multipack was first made available for supply in Wales.

Section 26 Labelling of registered low volume products

(1) A person must not supply—

(a) a registered low volume product, or

(b) a container drink which was a registered low volume product at the time it was made available for supply in Wales by the registered scheme producer, where the registration of a low volume line has ceased to have effect under regulation 20,

if the container drink carries a scheme logo or scheme return code (or both).

(2) For the purposes of paragraph (1) it does not matter whether a container drink is intended to be supplied as a single item or in a multipack.

(3) Paragraph (1) does not apply if a product line, which the container drink is part of, was registered as a low volume line after the container drink was produced or imported.

(4) A person 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) But paragraph (4) does not apply if the multipack contains only SP container drinks which were registered low volume products on or after the day on which the multipack was first made available for supply in Wales.

Section 27 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) provide 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 any premises must display the scheme information on those premises—

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

(b) to comply with paragraph (7).

(4) But paragraph (3) does not apply—

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

(b) in respect of any deposit items which are displayed, or offered, for supply for immediate consumption on that part of mixed retail premises which 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 that the scheme information is displayed as part of the description of the deposit items, and complies with paragraph (7), or

(b) where the scheme supplier is not responsible for the website, mobile application or publication, provide the person with such responsibility with the scheme information, 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 under paragraph (5)(b) must ask the person to whom they provide that information to display it so that it complies with paragraph (7).

(7) The scheme information must be 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 amount of the deposit, and

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

(c) where the scheme supplier is a scheme retailer, a statement as to how to obtain a refund in relation to a deposit item.

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

Section 28 Duty to display information about registered low volume products

(1) A person who supplies registered low volume products must provide or display the RLVP information, or provide it for display, in accordance with this regulation.

(2) A person who offers to supply registered low volume products or connected goods or services orally (for example, by telephone) must—

(a) provide the RLVP information to a person who orders the registered low volume product or connected goods or services before taking payment for those products, goods or services, and

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

(3) A person who displays, or offers, registered low volume products for supply at any premises must display the RLVP information at those premises—

(a) so it is available to people choosing registered low volume products, and

(b) to comply with paragraph (6).

(4) A person who offers registered low volume products for supply on a website, through a mobile application or in any kind of publication must—

(a) ensure that the RLVP information is displayed to comply with paragraph (6) as part of the description of the registered low volume products on the website, in the mobile application or in the publication, or

(b) if the person who offers registered low volume products for supply under this regulation is not responsible for the website, mobile application or publication, that person must provide the RLVP information to the person who is responsible for the website, mobile application or publication, for display as part of the description of the registered low volume products on the website, in the mobile application or in the publication.

(5) A person who provides the RLVP information under paragraph (4)(b) must ask the person to whom they provide that information to display it to comply with paragraph (6) as part of the description of the registered low volume product on the website, in the mobile application or in the publication.

(6) The RLVP information must be displayed clearly and accessibly.

(7) In this regulation “ the RLVP information ” means—

(a) a statement that the person supplying the registered low volume product is not required to charge a deposit in connection with the supply of any registered low volume products, and

(b) a statement that no refund is payable for a container from a registered low volume product.

Section 29 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 any mixed retail premises or on-sale premises may decide not to charge a deposit for IC items supplied at those premises (an “ opt-out decision ”).

(3) The scheme supplier may reverse an opt-out decision at any time.

(4) In this regulation “ customer ” means a person to whom a scheme supplier supplies deposit items.

Section 30 Duty to display information at opted-out premises

(1) A scheme retailer must display the opt-out information at any opted-out premises—

(a) to comply with paragraph (2), and

(b) so that it is available to persons choosing deposit items for immediate consumption at those premises.

(2) The opt-out information must be 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 the premises, and

(b) a statement requesting that empty containers are not removed from the premises.

Section 31 Deposit management organisation: power to obtain information from scheme supplier

(1) The deposit management organisation may direct a scheme supplier to provide 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 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 and provide to NRW all relevant information and documents.

(4) Where a scheme supplier has provided incomplete information in response to a DMO instruction, the deposit management organisation must, within 28 days beginning with the day after the compliance date, notify and provide to NRW all relevant information and documents.

(5) Where a scheme supplier has failed to respond to a DMO instruction by the compliance date, the deposit management organisation must, within 28 days beginning with the day after the compliance date, notify and provide to NRW all relevant information and documents.

(6) In this regulation “ specified ” means specified in a DMO instruction.

Section 32 Direction specifying an overseas scheme

(1) The deposit management organisation may give a direction specifying an overseas scheme (“ specified overseas scheme ”) to enable containers which are the subject of that scheme to be returned to scheme collectors.

(2) 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 to bring to the attention of scheme collectors and consumers.

(3) A direction under paragraph (1) has effect until revoked by notice by the deposit management organisation.

(4) A notice under paragraph (3) 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 to bring to the attention of scheme collectors and consumers.

(5) The date specified under paragraph (2)(b) or (4)(b) must not be before the end of the period of 3 calendar months beginning with the day after the day on which the direction or notice is published.

(6) Before giving a direction under paragraph (1) or revoking a direction under paragraph (3), the deposit management organisation must—

(a) consult—

(i) NRW,

(ii) scheme collectors, and

(iii) such other persons (if any) as it considers appropriate, and

(b) take account of the views expressed by those consulted.

Section 33 Determination of overseas refund amount

(1) The deposit management organisation must, for each specified overseas scheme, determine the amount to be paid by scheme collectors in respect of overseas scheme items which are the subject of that scheme (“ overseas refund amount ”).

(2) The deposit management organisation may revise the overseas refund amount for a specified overseas scheme, but must not do so more than once per specified overseas scheme in any 12 month period.

(3) Before determining an amount under paragraph (1), or revising an amount under paragraph (2), the deposit management organisation must—

(a) consult—

(i) such persons as appear to it 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) take account of the views expressed by those consulted.

(4) The deposit management organisation must publish, in such manner as it considers appropriate, a notice of any determination or revision made under this regulation, to bring it to the attention of scheme collectors and consumers.

(5) A notice under paragraph (4) must specify—

(a) the overseas refund amount or revised overseas refund amount, and

(b) the date on which—

(i) the determination takes effect, or

(ii) the revision takes effect.

(6) The date specified under paragraph (5)(b) must not be before the end of the period of 3 calendar months beginning with the day after the day on which the relevant notice is published.

Section 34 The overseas refund amount: supplementary provisions

(1) The deposit management organisation may determine that the overseas refund amount—

(a) is the same for all overseas scheme items subject to a particular specified overseas scheme, or

(b) is different for different overseas scheme items subject to that particular 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 for that item under the specified overseas scheme concerned.

(3) In 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 exceed the refund for a comparable refund item.

(5) In 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 supplied in a multipack, the refund item is from a deposit item that was supplied in a multipack.

Section 35 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) A groceries retailer required to operate a return point under paragraph (1) is referred to in these Regulations as an “ in-scope retailer ”.

(4) 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.

(5) An in-scope retailer must register with the deposit management organisation and once registered is referred to in these Regulations as a “ mandatory return point operator ”.

(6) Schedule 2 contains further provision about registration as a mandatory return point operator.

(7) Schedule 3 contains further provision about return point exemptions.

Section 36 Exemption for small in-scope retailers in urban areas

(1) An in-scope retailer who has a relevant retail space which is situated in an urban area is exempt from the requirement under regulation 35 to operate a return point.

(2) The deposit management organisation may provide information to in-scope retailers to assist them in determining whether they are established in an urban area.

(3) An in-scope retailer who, under paragraph (1), is exempt from the requirement to operate a return point must, as soon as reasonably practicable, notify the deposit management organisation in writing.

(4) An in-scope retailer who, under paragraph (1), is exempt from the requirement to operate a return point may apply to operate a voluntary return point under regulation 38.

(5) In this regulation—

“ relevant retail space ” (“ lle manwerthu perthnasol ”) means a retail space of less than 100m 2 whether or not that retail space is situated within, or forms part of, a larger building or premises and regardless of the use, nature or purpose of the larger building or premises;

“ urban ” (“ trefol ”) means 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, updated on 27 January 2016.

Section 37 Requirement for groceries retailers to provide information at premises without a return point

(1) A groceries retailer must display the information specified in paragraph (2) clearly and accessibly at any premises where the retailer supplies deposit items to consumers and which—

(a) are not MRP premises or a voluntary return point, 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 the premises, and the reason why,

(b) if a return point exemption has been granted in respect of the 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 38 Voluntary return points

(1) A scheme supplier may operate a voluntary return point at any in-scope premises in respect of which they are authorised to operate that return point by the deposit management organisation.

(2) An in-scope retailer who is exempt from the requirement to operate a return point under regulation 36(1) may operate a voluntary 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 voluntary return points.

Section 39 Operation of return points by the deposit management organisation

The deposit management organisation may operate a return point at any premises other than—

(a) any premises in respect of which a person is required or authorised to operate a return point;

(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 under regulation 11, and in which case a return amount will not be paid,

(b) a summary of the procedure maintained 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 scheme retailer may provide a take-back service if 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, or provide for display, the take-back service information referred to in paragraph (6), in accordance with this regulation.

(2) Where a take-back service provider offers orally (for example, by telephone) to supply deposit items to a consumer, the take-back service provider must provide at the same time—

(a) the scheme information,

(b) the take-back service information, and

(c) if requested, the take-back service information in writing 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 any premises must—

(a) display the take-back service information on those premises so it is available to a consumer choosing deposit items, and to comply with paragraph (7), and

(b) if requested, provide the take-back service information in writing to a 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 so as to comply with paragraph (7) as part of the description of the deposit items on or in the relevant means of distance communication, or

(b) where 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 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 the take-back service information under paragraph (4)(b) must ask the person to whom they provide that information to display it so that it complies with paragraph (7).

(6) In this regulation the “ take-back service information ” means—

(a) a statement as to how the consumer may accept the offer of the take-back service,

(b) a statement that the take-back service provider may refuse to accept a returnable item if the provider has a reasonable excuse under regulation 11, and in that case a return amount will not be paid,

(c) a statement of any steps that the consumer must take to enable any returnable items to be collected by the take-back service provider (including, for example, if the consumer must book a collection slot, how such a slot may be booked and the means to be used to identify any returnable items provided by that consumer),

(d) if a return amount is to be paid other than when the returnable items are collected from the consumer, a statement as to how and when the return amount will be paid to the consumer,

(e) a summary of the procedure maintained 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 must be 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 69).

(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 how any return amount is to be paid.

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 specify—

(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 at which the return point is operated, 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 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 specify—

(a) 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 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 under 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 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.

(6) The deposit management organisation must make the register 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.

(2) The deposit management organisation must update the register as soon as reasonably practicable after 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 10 or 11 of Schedule 4, the deposit management organisation must remove the entry 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.

(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) A scheme collector must pay the total return amount for the returnable items that it accepts from a person using one or more of the following means, unless the person elects for that amount to be paid to a charity under regulation 48—

(a) cash in sterling;

(b) a payment to a debit or credit card;

(c) a refund voucher.

(2) But 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 (the “ returner ”), and

(b) if the returner accepts the offer, pay the total return amount in the form of money or a refund voucher.

(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) In this regulation—

“ refund voucher ” (“ taleb ad-daliad ”) means a voucher, token or similar item which is capable of being exchanged immediately either with the scheme collector or another person, for a sum of money, or a payment to a debit or credit card, equal to the relevant total return amount—

for goods or services, or

singly or together with any other refund vouchers or other vouchers or similar items;

“ total return amount ” (“ swm dychwelyd cyfan ”) means the aggregate of the return amount payable for each returnable item presented by the returner and accepted by the scheme collector.

Section 48 Payment of return amount to charity

(1) A person who is eligible for a payment under regulation 47(1) may notify the scheme collector that they elect for a sum equivalent to the total return amount to be paid by the deposit management organisation to a charity.

(2) A scheme collector who is notified under paragraph (1) must notify the deposit management organisation of that election (including the relevant total return amount and the date the election was made) within 3 months of receiving the notification.

(3) On receiving a notification under paragraph (2), the deposit management organisation must pay to a charity a sum equivalent to the total return amount that the person was eligible for under regulation 47(1) within 12 months of that election being made.

(4) A person who makes an election under paragraph (1) ceases to be eligible for a payment under regulation 47 in relation to that election.

(5) In this regulation “ total return amount ” has the meaning given in regulation 47(4).

Section 49 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 50 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.