The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025

Part 6 Return of returnable items

Chapter 1 Items subject to overseas schemes

Direction specifying an overseas scheme for the purposes of these Regulations

31.—(1) The deposit management organisation may give a direction specifying an overseas scheme for the purposes of enabling containers which are the subject of that scheme to be returned to scheme collectors.

(2) Such a scheme is referred to in these Regulations as a “specified overseas scheme”.

(3) A direction under paragraph (1) must—

(a) be in writing,

(b) state the date on which it takes effect, and

(c) be published in such manner as the deposit management organisation considers appropriate for the purposes of bringing it to the attention of scheme collectors and consumers.

(4) A direction under paragraph (1) has effect until revoked by notice by the deposit management organisation.

(5) A notice under paragraph (4) must—

(a) be in writing,

(b) state the date on which it takes effect, and

(c) be published in such manner as the deposit management organisation considers appropriate for the purposes of bringing it to the attention of scheme collectors and consumers.

(6) The date specified for the purposes of paragraph (3)(b) or (5)(b) must not be before the end of the period of three calendar months beginning with the date on which the direction or notice is published.

(7) Before giving a direction under paragraph (1) or revoking such a direction under paragraph (4), the deposit management organisation must—

(a) consult—

(i) the Environment Agency, and

(ii) DAERA, and

(iii) scheme collectors, and

(iv) such other persons (if any) as the deposit management organisation considers appropriate, and

(b) have regard to the views expressed in responses to the consultation.

Determination of overseas refund amount

32.—(1) The deposit management organisation must, for each specified overseas scheme, determine the amount which is to be paid by scheme collectors in respect of overseas scheme items which are the subject of that scheme.

(2) Such an amount is referred to in these Regulations as an “overseas refund amount”.

(3) The deposit management organisation may revise the overseas refund amount for the overseas scheme items which are the subject of a particular specified overseas scheme, but must not do so more than once in any 12 month period.

(4) Before making a determination under paragraph (1), or revising an overseas refund amount under paragraph (3), the deposit management organisation must—

(a) consult—

(i) such persons as appear to the deposit management organisation to represent those likely to be affected by the determination or revision, and

(ii) such other persons (if any) as the deposit management organisation considers appropriate, and

(b) have regard to the views expressed in responses to the consultation.

(5) The deposit management organisation must publish in such manner as it considers appropriate, a notice of any determination or revision made under this regulation, for the purposes of bringing it to the attention of scheme collectors and consumers.

(6) A notice under paragraph (5) must specify—

(a) the overseas refund amount or revised overseas refund amount, and

(b) the date on which the determination takes effect, or

(c) if the notice relates to the revision of an overseas amount, the date on which the revision takes effect.

(7) The date specified for the purposes of paragraph (6)(b) or paragraph (6)(c) must not be before the end of the period of three calendar months beginning with the date on which the relevant notice is published.

The amount of the additional scheme refund: supplementary provisions

33.—(1) The deposit management organisation may determine that the overseas refund amount—

(a) is to be the same for all overseas scheme items subject to a particular specified overseas scheme, or

(b) is to be different for different overseas scheme items subject to that scheme.

(2) The deposit management organisation may, when determining or revising an overseas refund amount for an overseas scheme item, have regard to the deposit payable in connection with that item under the specified overseas scheme concerned.

(3) For the purposes of paragraph (1)(b), the deposit management organisation may, in particular, determine an overseas refund amount by reference to any or all of the following—

(a) the size of the container;

(b) the in-scope material from which the container is wholly or mainly made;

(c) the nature of the specified overseas scheme to which the overseas scheme item relates.

(4) But an overseas refund amount for an overseas scheme item must not in any case exceed the refund for a comparable refund item.

(5) For the purposes of paragraph (4), a refund item is “comparable” to an overseas scheme item if—

(a) it is of the same size,

(b) it is made wholly or mainly from the same in-scope material, and

(c) where the overseas scheme item is from a drink that was sold in a multipack, the refund item is from a deposit item that was supplied in a multipack.

Chapter 2 Mandatory return points

Requirement for in-scope retailers to operate a return point at, on or from MRP premises

34.—(1) A groceries retailer who supplies deposit items to consumers at, on or from MRP premises must operate a return point in respect of those premises.

(2) But paragraph (1) does not apply if an exemption has effect in respect of the MRP premises (a “return point exemption”).

(3) The return point must be operated—

(a) at, on or from the MRP premises, or

(b) at or on any premises adjacent to the MRP premises which are provided by, or on behalf of, the in-scope retailer for use as parking by the retailer’s customers.

(4) An in-scope retailer who is required to operate a return point under paragraph (1) must register with the deposit management organisation and an in-scope retailer so registered is referred to in these Regulations as a “mandatory return point operator”.

(5) Schedule 2 contains further provision about registration as a mandatory return point operator.

(6) Schedule 3 contains further provision about return point exemptions.

Exemption for small groceries retailers in urban areas

35.—(1) A groceries retailer which has a relevant retail space and which is situated in an urban area is exempt from the requirement to operate a return point.

(2) Groceries retailers which are exempt under paragraph (1) may apply to operate a return point under regulation 38 (voluntary operation of return points).

(3) The deposit management organisation may provide information to scheme retailers to assist them in determining whether they are established in an urban area.

(4) For the purposes of this regulation—

“relevant retail space” means a retail space of less than 100m₂ whether or not that retail space is situated within, or forms part of, a larger building or premises and regardless of the uses, nature or purposes of the larger building or premises;

“urban” means—

(a)

in England, an area classified as urban by reference to the document titled “2011 rural urban classification of output areas” published by the Office for National Statistics on 13 September 2013 and as updated on 27 January 2016(1);

(b)

in Northern Ireland, an area classified as urban by reference to the document titled “Urban-Rural Classification 2015” published by the Northern Ireland Statistics and Research Agency on 20 January 2017(2).

Requirement for groceries retailers to provide information at or on retail premises without a return point

36.—(1) A groceries retailer must display the information specified in paragraph (2) clearly and accessibly at any premises at, on or from which the retailer supplies deposit items to scheme consumers and which—

(a) are neither MRP premises nor premises in respect of which the retailer is authorised to operate a return point in accordance with regulation 38, or

(b) are premises in respect of which a return point exemption is in effect.

(2) The information mentioned in paragraph (1) is—

(a) a statement that the retailer is not required to operate a return point in respect of those premises, and the reason why that is the case,

(b) if a return point exemption has been granted to the retailer in respect of those premises, a statement as to how information about that exemption can be obtained, and

(c) if the premises are not a motor vehicle, ship or boat, train, tram, aircraft or hovercraft, the location of the return point nearest to those premises.

Chapter 3 Voluntary operation of return points

Interpretation

37.  In this Chapter “in-scope premises” means any premises which are not—

(a) MRP premises, or

(b) premises at or on which the deposit management organisation operates a return point (see regulation 39).

Voluntary return points

38.—(1) A scheme supplier may operate a voluntary return point at or on any in-scope premises in respect of which they are authorised to operate that return point by the deposit management organisation.

(2) A groceries retailer which is exempt from the requirement to operate a return point under regulation 35 may operate a return point at the premises concerned if they are authorised to do so by the deposit management organisation.

(3) Schedule 4 contains further provision about authorisations to operate return points at or on in-scope premises.

Operation of return points by the deposit management organisation

39.  The deposit management organisation may operate a return point at or on any premises other than—

(a) any premises in respect of which a person is required or authorised to operate a return point, or

(b) any premises in respect of which a return point exemption is in effect.

Chapter 4 Information to be provided at return points

Information to be provided at a return point

40.  A return point operator must display the following information, clearly and accessibly, at the return point—

(a) a statement that the return point operator may refuse to accept a returnable item if the return point operator has a reasonable excuse for doing so, and in those cases a return amount will not be paid,

(b) a summary of the procedure put in place by the deposit management organisation for the making of any complaint about the operation of the return point, and

(c) contact details for the deposit management organisation.

Chapter 5 Take-back services and deposit management organisation collections

Provision of take-back services

41.—(1) A person may provide a take-back service if—

(a) they are a scheme retailer, and

(b) they are registered with the deposit management organisation to provide that service.

(2) Schedule 4 contains further provision about registration to provide a take-back service and related matters.

Information about take-back services

42.—(1) A take-back service provider must provide or display the take-back service information referred to in paragraph (6), or provide that information for display, in accordance with this regulation.

(2) Where a take-back service provider offers orally (for example, by telephone) to supply deposit items to a scheme consumer, the take-back service provider must orally provide at the same time—

(a) the scheme information, and

(b) the take-back service information, and

(c) if requested to do so, provide the take-back service information in writing to that person or direct the person to where that information can be found through any means of distance communication.

(3) A take-back service provider who displays or offers deposit items for supply at or on any premises must—

(a) display the take-back service information on those premises so that it is available to a scheme consumer choosing deposit items, and so as to comply with paragraph (7), and

(b) if requested to do so, provide the take-back service information in writing to a scheme consumer who purchases any deposit items or direct the person to where that information can be found through any means of distance communication.

(4) A take-back service provider who offers deposit items for supply through any means of distance communication must—

(a) ensure that the take-back service information is displayed as part of the description of the deposit items on or in the relevant means of distance communication, or

(b) if the take-back service provider is not responsible for the means of distance communication, provide the take-back service information to the person who is responsible for the relevant means of distance communication, for display as part of the description of the deposit items on or in the relevant means of distance communication.

(5) A take-back service provider who provides a person with information under paragraph (4)(b) must ask the person to whom they provide the information to display it as part of the description of any deposit item supplied by the take-back service provider through the relevant means of distance communication so as to comply with paragraph (7).

(6) In this regulation the take-back service information is—

(a) a statement as to how the scheme consumer may accept the offer of the take-back service,

(b) a statement that the take-back service provider may refuse to accept returnable items if they have a reasonable excuse for doing so, and that, in that case, no return amount will be paid,

(c) a statement as to any steps that the scheme consumer must take to enable any returnable items to be collected by the take-back service provider (including, for example, if the scheme consumer must book a collection slot and how such a slot may be booked and the means to be used to identify any returnable items provided by that consumer),

(d) if any return amount is to be paid otherwise than when the returnable items are collected from the scheme consumer, a statement as to how and when the return amount will be paid to the scheme consumer,

(e) a summary of the procedure put in place by the deposit management organisation for the making of any complaint about the operation of the take-back service, and

(f) contact details for the deposit management organisation.

(7) A display of information complies with this regulation if it is displayed clearly and accessibly including through any means of distance communication.

Collection or acceptance of returnable items by the deposit management organisation

43.—(1) The deposit management organisation may collect or otherwise accept returnable items from any person (irrespective of the requirements imposed on the deposit management organisation under regulation 66).

(2) The deposit management organisation must pay a return amount for each returnable item that it accepts.

(3) The deposit management organisation may make such arrangements as it considers appropriate for the purposes of this regulation, which may include provision about the means or manner in which any return amount is to be paid by the deposit management organisation.

Chapter 6 Register of return point operators, register of deposit management organisation return points, register of return point exemptions and register of take-back service providers

Register of return point operators and deposit management organisation return points

44.—(1) The deposit management organisation must keep and maintain a register of—

(a) return point operators, and

(b) DMO return points.

(2) An entry on the register for a return point operator must identify—

(a) the name of the return point operator, and

(b) each of the premises in respect of which that return point operator is required or authorised to operate a return point.

(3) An entry on the register for a DMO return point must—

(a) identify the premises concerned, and

(b) specify that it is operated by the deposit management organisation.

(4) The deposit management organisation must keep the register up to date and must make any amendments to the register as soon as reasonably practicable.

(5) The register must be available for inspection by members of the public at all reasonable times, free of charge.

(6) In this regulation “DMO return point” means a return point operated by the deposit management organisation.

The register of return point exemptions

45.—(1) The deposit management organisation must keep and maintain a register of return point exemptions.

(2) An entry on the register for a return point exemption must—

(a) specify the scheme retailer to whom the exemption has been granted, and

(b) the premises in respect of which the exemption is granted.

(3) The deposit management organisation must update the register as soon as reasonably practicable after the day on which a return point exemption is granted to a scheme retailer.

(4) The deposit management organisation must remove the entry for a return point exemption which expires in accordance with paragraph 6(1)(a) of Schedule 3 as soon as reasonably practicable after it expires.

(5) Where a return point exemption is revoked under paragraph 8 or 9 of Schedule 3, the deposit management organisation must remove the entry for the return point exemption from the register—

(a) at the end of the day on which the revocation takes effect, or

(b) if it is not practicable to amend the register at that time, as soon as reasonably practicable after that time.

(6) The register must be available for inspection by members of the public at all reasonable times, free of charge.

The register of take-back service providers

46.—(1) The deposit management organisation must keep and maintain a register of take-back service providers (“ the register”).

(2) The deposit management organisation must update the register as soon as reasonably practicable after the day on which a scheme retailer is registered as a take-back service provider.

(3) Where a scheme retailer’s registration as a take-back service provider is revoked under paragraph 9 or 10 of Schedule 4, the deposit management organisation must remove an entry for the take-back service provider from the register—

(a) at the end of the day on which the revocation takes effect, or

(b) if it is not practicable to amend the register at that time, as soon as reasonably practicable after that time.

(4) The deposit management organisation must—

(a) make the register available for inspection by members of the public at all reasonable times, free of charge, and

(b) permit members of the public to obtain copies of entries on the register on payment of a reasonable charge.

Chapter 7 General obligations of scheme collectors

Form of return amount

47.—(1) Subject to paragraph (2), a scheme collector must pay the total return amount for the returnable items that it accepts from any person and do so using one or more of the following means—

(a) cash in sterling;

(b) a payment to a debit or credit card;

(c) a refund voucher.

(2) If the scheme collector is a scheme retailer (other than a scheme retailer who does not accept cash), the scheme collector must—

(a) offer to pay the total return amount in the form of money or a refund voucher to the person returning the returnable items to them (the “returner”), and

(b) if the returner accepts the offer, pay the total return amount in the form of money or a refund voucher as requested by the returner.

(3) A refund voucher—

(a) may be provided in either a physical or electronic format, but

(b) must be provided in a physical format, if requested by the returner.

(4) For the purposes of this regulation—

(a) “refund voucher” means a voucher, token or similar item which is capable of being exchanged immediately for a sum of money or a payment to a debit or credit card, equal to the relevant total return amount, and

(b) it does not matter whether a refund voucher is capable of being exchanged (whether with the scheme collector or with another person)—

(i) for goods or services, or

(ii) singly or together with any other refund vouchers or other vouchers or similar items;

(c) the “total return amount” payable to a returner is the aggregate of each return amount payable for a returnable item presented by the returner and accepted by the scheme collector.

Requirement for return point operators to retain returnable items

48.  A return point operator (other than the deposit management organisation) must retain the returnable items that it accepts at the return point for collection by, or on behalf of, the deposit management organisation.

Requirement for take-back service providers to retain or return returnable items

49.  A take-back service provider must either—

(a) retain the returnable items that it accepts through the take-back service for collection by, or on behalf of, the deposit management organisation, or

(b) return the returnable items that it accepts through the take-back service to the deposit management organisation or a person acting on behalf of the deposit management organisation.

(1)

The document titled ‘2011 rural urban classification of output areas” is available at: https://www.ons.gov.uk/methodology/geography/geographicalproducts/ruralurbanclassifications/2011ruralurbanclassification. A hard copy of the document can be obtained from the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London, SW1P 4DF.

(2)

The document titled “Urban-Rural Classification 2015” is available at: Urban-Rural Geography Documents (2015) Northern Ireland Statistics and Research Agency (https://www.nisra.gov.uk). A hard copy of the document can be obtained from the Department of Agriculture, Environment and Rural Affairs, Jubilee House, 111 Ballykelly Road, Ballykelly, Limavady, BT49 9HP.