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).