ProducersS
6.—[F1(A1) A producer in respect of a scheme article which meets the conditions set out in paragraph (B1) is the retailer.
(B1) The conditions are that—
(a)an item of scheme packaging containing the scheme article is filled and sealed by the retailer, and
(b)the scheme article is sold by the retailer to a consumer for consumption in any place other than on the premises of sale.]
(1) A producer [F2in respect of any other] scheme article is—
(a)in the case of a scheme article branded in the United Kingdom, the brand owner,
(b)in the case of a scheme article branded by a brand owner outside the United Kingdom, the importer.
(2) The operator in respect of an online retail sale is to be regarded as the importer for the purposes of paragraph (1) where a scheme article is being sold—
(a)for the first time in the United Kingdom,
(b)to a consumer in Scotland, and
(c)by way of a retail sale.
(3) In this regulation—
“brand owner” means the person who, in the course of a trade, business, craft or profession, puts a name, trade mark or other distinguishing mark on a scheme article or scheme packaging by which the person is held out to be a manufacturer or the originator of the scheme article, and “branded” is to be construed accordingly,
“importer” means the person who, in the course of a trade, business, craft or profession, first markets, offers for sale or sells the scheme article in the United Kingdom.
Textual Amendments
F1Reg. 6(A1)(B1) inserted (25.2.2022) by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76), regs. 1(1), 7(a) (with reg. 15)
F2Words in reg. 6(1) substituted (25.2.2022) by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 (S.S.I. 2022/76), regs. 1(1), 7(b) (with reg. 15)
Commencement Information
I1Reg. 6 in force at 1.1.2022, see reg. 1(4)