The Deposit and Return Scheme for Scotland Regulations 2020

Prospective

Return points S

20.—(1) For the purposes of these Regulations, a “return point operator” is any person who operates a return point, including a retailer and a voluntary return point operator registered in accordance with regulation 25.

(2) Subject to [F1 paragraphs (4) and (5)], a return point operator must—

(a) accept an item of scheme packaging returned to the return point,

(b) pay to the consumer a sum equal to the deposit for each item of scheme packaging accepted,

(c) retain the scheme packaging for collection by, or on behalf of, a producer or a scheme administrator.

(3) A return point operator must clearly display information at the return point about—

(a) the complaints procedure and the contact details for receipt of any complaint that may be made to that operator from a consumer concerning the operation of the return point, and

(b) the contact details of SEPA.

(4) A return point operator may refuse to accept an item of packaging if—

(a) it is not identifiable as scheme packaging,

(b) it is soiled,

(c) it is not intact,

(d) it is not empty,

(e) the return point operator has requested a collection of scheme packaging by a producer or scheme administrator and the collection has not been carried out in accordance with that producer or scheme administrator’s operational plan, or

(f) it is part of a single proposed return by a consumer that contains a number of items of scheme packaging disproportionately greater than the number of scheme articles that retailer sells, on average, as part of a single transaction [F2 ,

(g) the criteria specified in paragraph (5) are met.

(5) The criteria specified are that—

(a) the return point operator does not permit scheme articles that are made wholly or partly of a particular type of material to be held on, or brought into, the premises within which the return point is operated,

(b) the item of scheme packaging is made wholly or partly of that type of material,

(c) the reason for the return point operator not permitting on the premises any scheme articles made wholly or partly of that type of material is to ensure that the return point operator is not at significant risk of being in breach of any legal obligation relating to either of the following—

(i) food safety,

(ii) health and safety, and

(d) in addition to the information referred to in paragraph (3), the return point operator clearly displays information at the return point indicating—

(i) that the return point does not accept items of scheme packaging made wholly or partly of a particular type of material and the reason why,

(ii) the nearest return point to which an item of scheme packaging made wholly or partly of that type of material can be returned.]

Textual Amendments

F1 Words in reg. 20(2) substituted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 13(a) (with reg. 22)

F2 Reg. 20(4)(g)(5) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 13(b) (with reg. 22)