PART 5SRetailers and return points

Prospective

CHAPTER 1SRetailers

Retailer obligationsS

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