PART 2SThe deposit and return scheme

Prospective

Obligations relating to charging deposits and marketing, offering for sale or selling articlesS

5.—(1) A deposit is a redeemable sum of 20 pence that does not form part of the consideration paid for the scheme article.

(2) Subject to paragraph (4), any person who markets, offers for sale or sells a scheme article in Scotland must—

(a)charge a deposit when marketing, offering for sale or selling a scheme article in Scotland, and

(b)clearly display information in any place where the scheme article is displayed for sale by that person indicating—

(i)that the article is a scheme article to which the obligation to charge a deposit under these Regulations applies,

(ii)the amount of the deposit.

(3) Subject to paragraph (4), any person who markets, offers for sale or sells a non-scheme article in Scotland on or after [F11 October 2025] must communicate to the purchaser at the point of sale that—

(a)the article is not a scheme article to which the requirements of these Regulations apply,

(b)an item of packaging in which that article is contained or sold cannot be returned in exchange for payment of a sum equal to a deposit.

[F2(3A) Any person who markets, offers for sale or sells a non-Scottish article in Scotland on or after [F31 October 2025] to a purchaser other than a consumer must communicate to that purchaser at the point of sale that—

(a)the article is not a scheme article to which the requirements of these Regulations apply,

(b)an item of packaging in which that article is contained or sold cannot be returned in exchange for payment of a sum equal to a deposit.]

(4) The obligations in paragraphs (2) and (3) do not apply—

(a)in the case of a scheme article or non-scheme article which is marketed, offered for sale or sold in Scotland—

(i)in an export shop, or

(ii)exclusively for consumption on the premises of sale,

(b)in the case of a scheme article or non-scheme article which is intended for retail sale outside Scotland.

Textual Amendments