- Latest available (Revised)
- Original (As made)
The Deposit and Return Scheme for Scotland Regulations 2020
You are here:
- Scottish Statutory Instruments
- 2020 No. 154
- PART 7
- Regulation 31
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
The Deposit and Return Scheme for Scotland Regulations 2020, Section 31 is up to date with all changes known to be in force on or before 18 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Regulation 31:
- reg. 31 coming into force by S.S.I. 2020/154 reg. 1(5)
Prospective
OffencesS
This section has no associated Policy Notes
31.—(1) It is an offence to contravene—
[F1(za)regulation 3A(1),
(zb)regulation 3A(3),]
(a)regulation 4(1),
(b)regulation 4(2),
(c)regulation 5(2)(a),
(d)regulation 5(2)(b),
(e)regulation 5(3) [F2,
(f)regulation 5(3A)].
(2) It is an offence for a person to knowingly or recklessly supply false information in connection with—
(a)an application for producer registration submitted in accordance with chapter 2 of Part 3,
(b)an application for approval of a scheme administrator submitted in accordance with Part 4,
(c)an application for exemption of a retailer from the obligation to operate a return point submitted in accordance with chapter 3 of Part 5,
(d)an application for registration of a voluntary return point submitted in accordance with chapter 4 of Part 5,
(e)a notification to SEPA or the Scottish Ministers of any material change in accordance with regulation—
(i)10(1)(c),
(ii)16(1)(c),
(iii)22(4)(b),
(iv)25(8)(b) [F3,
(f)an application for listing as a producer of a low volume product submitted in accordance with paragraphs 5 to 8 of schedule 5,
(g)a notification of any material change in accordance with paragraph 14(c) of schedule 5,
(h)a notification that a product is no longer a low volume drink product in accordance with paragraph 14(d) of schedule 5].
(3) It is an offence for a producer whose registration has been cancelled in accordance with regulation 9(1) to fail, without reasonable excuse, to comply with the obligations specified in—
(a)regulation 9(7)(a),
(b)regulation 9(7)(b).
(4) It is an offence for a registered producer to fail, without reasonable excuse, to comply with the producer obligations set out in regulations 10(1)(b) and (c).
(5) It is an offence for a registered producer that has registered in accordance with regulation 7(1)(a) to fail, without reasonable excuse, to comply with the obligations in—
(a)regulation 11(1)(a) and (b),
(b)regulation 11(1)(c) to (h).
[F4(5A) It is an offence for a listed producer to fail, without reasonable excuse, to comply with the obligations set out in paragraph 14(c), (d), (f) and (g) of schedule 5.]
(6) It is an offence for a producer registered through a scheme administrator to fail, without reasonable excuse, to comply with the obligations in regulation 12(2).
(7) It is an offence for a scheme administrator to fail, without reasonable excuse, to comply with the obligations set out in—
(a)regulation 16(1)(a)(i),
(b)regulation 16(1)(a)(ii),
(c)regulation 16(1)(b),
(d)regulation 16(1)(c).
(8) It is an offence for a retailer—
(a)to fail, without reasonable excuse, to comply with—
(i)regulation 19(1)(b),
(ii)regulation [F521(3)],
(iii)regulation 22(4)(b),
(b)to fail to comply with regulation 19(1)(c),
[F6(ba)to fail to comply with regulation 19(3),
(bb)to fail to comply with regulation 19(4),
(bc)to fail to comply with regulation 20(5)(d),
(bd)to fail to comply with regulation 20A,
(be)to fail to comply with regulation 21(5)(a) and (b),]
(c)to fail to comply with regulation [F721(8)],
[F8(ca)to fail to comply with regulation 21(10),]
(d)to fail to comply with regulation 22(4)(a),
(9) It is an offence for a return point operator—
(a)to fail, without reasonable excuse, to comply with regulation 20(2),
(b)to fail to comply with regulation 20(3).
(10) It is an offence for a registered voluntary return point operator to fail, without reasonable excuse, to comply with regulation 25(8)(b).
(11) It is an offence for a person to obstruct or fail to assist an authorised person exercising the enforcement powers under regulation 30(4).
(12) It is an offence for a person served with a notice in accordance with regulation 30(4)(l) to fail, without reasonable excuse, to comply with that notice.
(13) It is an offence for a person to purport to act as a scheme administrator without being approved under regulation 15.
(14) Where a person is charged with an offence under paragraphs (1), (8)(b) to (d), or (9)(b), it is a defence for that person to show that person took all reasonable precautions and exercised all due diligence to prevent the offence being committed.
(15) A person guilty of an offence under this regulation is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum,
(b)on conviction on indictment, to a fine.
(16) Where—
(a)an offence has been committed by a body corporate or a Scottish partnership or other unincorporated association, and
(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
(i)a relevant individual, or
(ii)an individual purporting to act in the capacity of a relevant individual,
the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.
(17) In paragraph (16), “relevant individual” means—
(a)in relation to a body corporate—
(i)a director, manager, secretary or some other similar officer or person,
(ii)where the affairs of the body are managed by its members, a member,
(b)in relation to a Scottish partnership, a partner,
(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
Textual Amendments
F1Reg. 31(1)(za)(zb) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 17(a) (with reg. 22)
F2Reg. 31(1)(f) inserted (25.2.2022) by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76), regs. 1(1), 12 (with reg. 15)
F3Reg. 31(2)(f)-(h) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 17(b) (with reg. 22)
F4Reg. 31(5A) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 17(c) (with reg. 22)
F5Word in reg. 31(8)(a)(ii) substituted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 17(d)(i) (with reg. 22)
F6Reg. 31(8)(ba)-(be) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 17(d)(ii) (with reg. 22)
F7Word in reg. 31(8)(c) substituted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 17(d)(iii) (with reg. 22)
F8Reg. 31(8)(ca) inserted (30.6.2023) by The Deposit and Return Scheme for Scotland Amendment Regulations 2023 (S.S.I. 2023/201), regs. 1, 17(d)(iv) (with reg. 22)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
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.
See additional information alongside the content
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
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.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
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.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.