- Latest available (Revised)
- Point in Time (30/06/2023)
- Original (As made)
Point in time view as at 30/06/2023.
There are currently no known outstanding effects for the The Deposit and Return Scheme for Scotland Regulations 2020, Section 2.
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.
2.—(1) In these Regulations—
“authorised person” means a person authorised by SEPA under regulation 30(3),
“consumer” means a person who is acting for purposes which are outside that person’s trade, business, craft or profession,
“deposit” has the meaning given in regulation 5(1),
“drink” means a beverage intended for human consumption, including concentrated soft drinks,
“enforcement powers” means the powers specified in regulation 30(4),
“export shop” has the same meaning as in regulation 3 of the Excise Goods (Export Shops) Regulations 2000(1),
“hospitality retailer” is a retailer that sells a scheme article exclusively for the purpose of its consumption on the premises of sale,
[F1“listed producer” means a producer that has provided information to SEPA in accordance with paragraphs 5 to 8 of schedule 5, and “listing” is to be construed accordingly,]
[F1“low volume drink product ” means a drink (regardless of whether it is sold alone or as part of a multipack) that—
meets the criteria in sub-paragraphs (a), (b) and (c) of the definition of “scheme article” in regulation 3(2),
the producer markets, offers for sale or sells for the purpose of its retail sale in Scotland in a quantity of less than 5000 units in a relevant year,]
“non-scheme article” has the meaning given in regulation 3(2),
[F2“non-Scottish article” has the meaning given in regulation 3(2),]
“online retail sale” is a retail sale through a website or online marketplace, and related expressions are to be construed accordingly,
“operator” in relation to a website or online marketplace means the person who controls access to, and the content of, the website or online marketplace,
“PET plastic” means [F3polyethylene] terephthalate,
[F4“producer”, in relation to a—
scheme article, has the meaning given in regulation 6(A1) to (2),
low volume drink product, has the meaning given in paragraphs 1 to 4 of schedule 5,]
“registered producer” means a producer registered with SEPA for the purposes of these Regulations in accordance with chapter 2 of Part 3,
“registered through a scheme administrator” has the meaning given in regulation 12(1),
“relevant year” means [F5the calendar year beginning 1 January 2023 or any subsequent] calendar year in which a person is a producer,
“retailer” has the meaning given in regulation 18(1),
“retail sale” means a sale to a consumer,
“return point” means a place at which a person (whether the purchaser of the scheme article or otherwise) can return scheme packaging and receive payment of a sum equal to the deposit for each item of scheme packaging returned,
“return point operator” has the meaning given in regulation 20(1),
“scheme administrator” means a person that has been approved to carry out the functions specified in regulation 13(2) and to fulfil the obligations specified in regulation 16,
“scheme article” has the meaning given in regulation 3(2),
“scheme packaging” has the meaning given in regulation 3(2),
“SEPA” means the Scottish Environment Protection Agency(2),
“single-use packaging” has the meaning given in regulation 3(2),
“takeback service” has the meaning given in regulation 21(1),
“vending machine” means an automatic machine for the sale of a scheme article (regardless of whether the machine also sells other products),
“wholesaler” has the meaning given in regulation 11(4),
“writing” and “written” include electronic communications within the meaning of section 15(1) (general interpretation) of the Electronic Communications Act 2000(3), which have been recorded and are consequently capable of being reproduced in written form.
(2) In the definition of “drink”, “concentrated soft drink” means any soft drink in liquid form intended for human consumption after dilution, but does not include concentrates used in the manufacture of soft drinks and which are not intended for retail sale without further processing.
(3) In the definitions of “online retail sale” and “operator”, “online marketplace” means any means by which information is made available over the internet, through which a person other than the operator is able to offer goods for sale (whether or not the operator also does so).
Textual Amendments
F1Words in reg. 2(1) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 5(a) (with reg. 22)
F2Words in reg. 2(1) inserted (25.2.2022) by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76), regs. 1(1), 4(a) (with reg. 15)
F3Word in reg. 2(1) substituted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 5(b) (with reg. 22)
F4Words in reg. 2(1) substituted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 5(c) (with reg. 22)
F5Words in reg. 2(1) substituted (25.2.2022) by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76), regs. 1(1), 4(b) (with reg. 15)
Commencement Information
I1Reg. 2 in force at 20.5.2020, see reg. 1(2)
SEPA is established by section 20 of the Environment Act 1995 (c.25).
2000 c.7. Section 15(1) was amended by paragraph 158 of schedule 17 of the Communications Act 2003 (c.21).
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: