- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Deposit and Return Scheme for Scotland Regulations 2020 No. 154
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 paragraph (4), 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.
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