Environment Act 2021

Deposit scheme administrators

4 (1) A person may be appointed as a scheme administrator of a deposit scheme by, or in accordance with, that scheme.

(2) A deposit scheme may confer functions (including functions involving the exercise of discretion) on a scheme administrator, including—

(a) any requirement that could be imposed on a scheme collector by virtue of paragraph 3(1)(a) to (e);

(b) functions relating to the registration of scheme suppliers and scheme collectors;

(c) a power to charge fees for registration (the amounts of which may be such as to recover the costs referred to in paragraphs (d) and (e));

(d) a power to use such fees to meet the costs of exercising its functions under, or in connection with, the scheme;

(e) requirements to pay such fees to persons exercising functions conferred by virtue of paragraph 5 for the purpose of meeting the costs of the exercise of those functions;

(f) a power to give general or specific directions to scheme suppliers and scheme collectors as to the matters mentioned in paragraphs 2(1) and 3(1);

(g) a power to make payments to scheme collectors to reimburse them in respect of the payment of refunds or payments made by virtue of a requirement under paragraph 3(1)(a), (b) or (c);

(h) a power to make payments to another scheme administrator of the deposit scheme;

(i) a power to make payments to a scheme administrator of another deposit scheme in connection with the operation of the scheme, or the operation of the other scheme;

(j) a power to make payments to a Scottish deposit administrator in connection with the operation of the scheme, or the operation of the Scottish deposit and return scheme in relation to which the Scottish deposit administrator is exercising functions;

(k) requirements to retain amounts received by it under or by virtue of the scheme;

(l) a power to use such amounts, or to pay such amounts to another person, for purposes connected with the scheme, or other deposit schemes;

(m) a power to use such amounts for purposes connected with the protection of the environment;

(n) requirements to pay such amounts to the relevant national authority;

(o) functions relating to securing compliance by scheme suppliers and scheme collectors with their obligations under the scheme;

(p) requirements in connection with securing that a specified proportion of deposit items supplied by scheme suppliers, or by individual scheme suppliers, are returned to scheme collectors;

(q) requirements to keep records in connection with the scheme;

(r) requirements to provide any such records or other information in connection with the scheme to the relevant national authority;

(s) requirements as to the exercise of the administrator’s functions.

(3) Where there is more than one scheme administrator, a deposit scheme may confer different functions on different scheme administrators.

(4) A deposit scheme may confer a power on the relevant national authority to give directions to a scheme administrator of the scheme as to the exercise of the administrator’s functions under the scheme.

(5) In this paragraph “specified” means specified in a deposit scheme.