The Deposit and Return Scheme for Scotland Regulations 2020 No. 154

PART 1 S General

Scheme articles and scheme packaging S

3.—(1) The deposit and return scheme established by these Regulations applies to—

(a) a scheme article, and

(b) scheme packaging in which a scheme article is contained or sold.

(2) For the purposes of these Regulations—

“non-scheme article” means an article that meets the criteria in sub-paragraphs (a) and (c) of the definition of “scheme article” in this paragraph, but does not meet the criteria in sub-paragraph (b) of that definition,

[F1 “non-Scottish article” means an article that meets the criteria in sub-paragraphs (a) and (b) of the definition of “scheme article” in this paragraph, but does not meet the criteria in sub-paragraph (c) of that definition,]

“scheme article” means a drink (regardless of whether it is sold alone or as a unit in a multipack) that is—

(a)

contained and sold in packaging that—

(i)

is made wholly or mainly from PET plastic, glass, steel or aluminium,

(ii)

is conceived or designed to—

(aa)

contain at least [F2 100] millilitres and no more than 3 litres of liquid, and

(bb)

be sealed in an airtight and watertight state at the point of sale,

(iii)

cannot be returned to its state at the point of sale by the consumer, and

(iv)

is single-use packaging,

(b)

first made available to be marketed, offered for sale or sold by the producer on or after [F3 1 October 2025], F4 ...

(c)

made available to be marketed, offered for sale or sold by the producer for the purposes of its retail sale in Scotland [F5 , and

(d)

is not a low volume drink product],

“scheme packaging” means the packaging for a scheme article that is conceived or designed to come in direct contact with the drink, and does not include packaging conceived or designed to group together multiple components in a multipack.

“single-use packaging” means packaging for a drink that is not conceived, designed or placed on the market to accomplish, within its life span—

(a)

multiple refills by a consumer,

(b)

multiple trips or rotations by being returned to a producer to be refilled by that producer for the same purpose for which it was conceived.

Textual Amendments

F1 Words in reg. 3(2) inserted (25.2.2022) by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76), regs. 1(1), 5(a) (with reg. 15)

F2 Word in reg. 3(2) substituted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 6(a) (with reg. 22)

F3 Words in reg. 3(2)(b) substituted (3.11.2023) by The Deposit and Return Scheme for Scotland (Miscellaneous Amendment) Regulations 2023 (S.S.I. 2023/334), regs. 1, 4

F4 Word in reg. 3(2) omitted (30.6.2023) by virtue of The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 6(c) (with reg. 22)

F5 Words in reg. 3(2) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 6(d) (with reg. 22)

Commencement Information

I1 Reg. 3 in force at 20.5.2020, see reg. 1(2)