- Latest available (Revised)
- Original (As made)
This version of this chapter contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the The Deposit and Return Scheme for Scotland Regulations 2020, CHAPTER 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
18.—(1) For the purposes of these Regulations, a “retailer” is a person who markets, offers for sale or sells a scheme article to a consumer in Scotland.
(2) For the purpose of paragraph (1), the following is to be regarded as the person who markets, offers for sale or sells the scheme article—
(a)in the case of an online retail sale, the operator,
(b)in the case of a vending machine sale—
(i)where the machine is marked with the name and address of its owner, that owner, or
(ii)otherwise, the person with the management and control of the premises on which the machine stands or to which it is affixed.
(3) Where an article is sold or is to be sold to a consumer in Scotland, the article is to be treated for the purpose of these Regulations as having been marketed or offered for retail sale, or sold by way of retail sale, in Scotland regardless of whether the retailer has a registered or principal office in Scotland, or where the site of sale is.
(4) In this Part—
“distance retail sale” is a sale of a scheme article to a consumer in Scotland where the site of delivery and the site of sale are a distance from each other,
“site of delivery” is the place where the consumer first gains physical possession of the scheme article,
“site of sale” is the premises of the retailer where the order for purchase of a scheme article is received.
19.—(1) Subject to paragraph (2), a retailer must—
(a)comply with the obligations in regulations 5(2) and (3),
(b)operate a return point in accordance with regulation 20 at any retail premises in Scotland in which a scheme article is marketed, offered for sale or sold by that retailer,
(c)clearly display information about how a deposit can be redeemed—
(i)in the case of a scheme article marketed, offered for sale or sold on the retailer’s premises, on that premises,
(ii)in the case of a scheme article marketed, offered for sale or sold by way of distance retail sale, in any place where the scheme article is displayed for sale,
(iii)in the case of a scheme article marketed, offered for sale or sold by way of a vending machine, on the vending machine.
(2) Paragraph (1)(b) does not apply to premises—
(a)in respect of which an exemption has been granted in accordance with regulation 22,
(b)that are an export shop,
(c)where the sale of a scheme article on those premises is solely by way of a vending machine,
(d)where the sale of a scheme article on those premises is solely by way of a distance retail sale (in which case the obligation in regulation 21 applies),
[F1(e)a retailer whose number of sales of scheme articles to consumers for consumption on the premises of sale constitute ninety per cent or more of that retailer’s total number of sales of scheme articles to consumers (excluding distance retail sales) in any calendar year,]
[F2(3) A retailer that does not operate a return point by virtue of paragraph (2)(b) to (e) must clearly display information at the retailer’s premises indicating—
(a)that they are not required by virtue of these Regulations to operate a return point, and
(b)the location of the nearest return point.
(4) A retailer that does not operate a return point by virtue of paragraph (2)(e) must—
(a)keep a record of the number of sales of scheme articles to consumers for consumption off the premises of sale in each calendar year,
(b)retain such a record for a minimum period of at least two years beginning 1 January following the end of the calendar year to which the record relates.]
Textual Amendments
F1Reg. 19(2)(e) substituted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 12(a) (with reg. 22)
F2Reg. 19(3)(4) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 12(b) (with reg. 22)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: