The Deposit and Return Scheme for Scotland Regulations 2020

CHAPTER 2 S Return of scheme packaging

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)

[F3 Hospitality retailers S

20A.   A hospitality retailer must retain for collection by, or on behalf of, a producer or a scheme administrator the scheme packaging in which scheme articles were sold by that hospitality retailer for consumption on the premises of sale.]

Textual Amendments

F3 Reg. 20A inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 14 (with reg. 22)

Prospective

[F4 Takeback services S

21.— (1) For the purpose of these Regulations, a “takeback service” means a service provided by a large retailer enabling—

(a) a reasonable number of items of scheme packaging in which scheme articles were contained to be collected by or on behalf of that large retailer from the site of delivery for the purposes of its return to—

(i) that large retailer (including through a return point), or

(ii) the producer, and

(b) the payment to that consumer of a sum equal to the deposit for each item of scheme packaging so collected and returned.

(2) For the purpose of this regulation—

(a) “groceries” means food (other than sold for consumption on the retailer’s premises), pet food, drinks (alcoholic and non-alcoholic, other than sold for consumption on the retailer’s premises), cleaning products, toiletries and household goods, but excludes petrol, clothing, DIY products, financial services, pharmaceuticals, newspapers, magazines, greetings cards, CDs, DVDs, videos and audio tapes, toys, plants, flowers, perfumes, cosmetics, electrical appliances, kitchen hardware, gardening equipment, books, tobacco and tobacco products,

(b) “large retailer” means a retailer with an annual turnover in the preceding financial year exceeding £1 billion with respect to the retail supply of groceries in the United Kingdom, or a subsidiary of a such a retailer,

(c) “reasonable number of items of scheme packaging” means—

(i) no fewer than 21 items,

(ii) no more than a reasonable maximum number of items, taking into account the method of collection and storage of scheme packaging used by the large retailer.

(3) Subject to paragraph (7), a large retailer must provide a takeback service free of charge to a consumer that—

(a) has purchased a scheme article from the large retailer through a distance retail sale,

(b) makes a request to the large retailer within 6 months of the purchase of a scheme article for provision of a takeback service, and

(c) states that they meet one of the eligibility criteria in paragraph (4).

(4) The eligibility criteria are that the consumer—

(a) has a disability within the meaning of section 6 of the Equality Act 2010, or

(b) is aged 66 or over.

(5) A large retailer providing a takeback service must—

(a) do so within 4 weeks following receipt of a request from a consumer in accordance with paragraph (3)(b), and

(b) clearly display information in any place where the scheme article is displayed for sale indicating—

(i) that the large retailer provides a free takeback service for consumers that meet the eligibility criteria in paragraph (4),

(ii) how the takeback service from the large retailer can be requested,

(iii) the circumstances in which the return of an item of packaging may be refused by the large retailer, and

(iv) the complaints procedure and the contact details for receipt of any complaint that may be made to that large retailer from a consumer concerning the provision of a takeback service.

(6) A large retailer may refuse to provide a takeback service in relation to an item of packaging if—

(a) it is not identifiable as scheme packaging,

(b) it is soiled,

(c) it is not intact, or

(d) it is not empty.

(7) A large retailer providing a takeback service may apply a charge not exceeding the cost of materials and labour used in respect of the collection and storage of that scheme packaging, subject to the requirement to reimburse the consumer in accordance with paragraph (8).

(8) Unless paragraph (9) applies, a large retailer providing a takeback service must—

(a) pay to the consumer a sum equal to the deposit for each item of scheme packaging returned to the large retailer or, as the case may be, the producer, and

(b) reimburse the consumer for any charge applied under paragraph (7).

(9) This paragraph applies where—

(a) the large retailer has refused to provide a takeback service under paragraph (6) in relation to an item of packaging, and

(b) the number of items of scheme packaging otherwise returned as part of the same return to the large retailer is less than 21.

(10) Where a takeback service is provided voluntarily by a retailer other than a large retailer, that retailer must comply with the obligations of a large retailer in this regulation.]

Textual Amendments

F4 Reg. 21 substituted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 15 (with reg. 22)