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

Duration, and renewal, of a return point exemption

6.—(1) A return point exemption—

(a) continues in force for a period of three years beginning with the date specified for the purposes of paragraph 3(3)(a)(ii);

(b) may be renewed by the deposit management organisation on one or more occasions.

(2) A return point exemption must not on any occasion be renewed for a period of more than three years.

(3) An exemption holder may apply for the return point exemption to be renewed at any time before the exemption expires.

(4) The deposit management organisation may only renew a return point exemption if—

(a) a renewal application is made by the exemption holder, and

(b) the grounds on which the exemption was originally granted continue to apply.

(5) A renewal application must—

(a) be made in such form and manner as the deposit management organisation may direct,

(b) contain the exemption grounds information, and

(c) contain such other information (if any) as the deposit management organisation may direct.

(6) In sub-paragraph (5) “the exemption grounds information” means—

(a) if the exemption was granted on the proximity grounds—

(i) information about the alternative return point or points which are located in reasonable proximity to the specified premises, and

(ii) confirmation that the operator of each of those return points has been consulted about the retailer’s application for a return point exemption, and each of those operators has agreed to continue to accept returnable items which could otherwise have been returned to the retailer making the renewal application;

(b) if the exemption was granted on the premises grounds, information which is sufficient to demonstrate that the location, layout, size, design or construction of the specified premises still does not permit, does not easily permit, or, as the case may be, cannot easily be altered to permit, the operation of a return point in respect of those premises.

(7) Where the deposit management organisation receives a renewal application, it must, within a reasonable period of receiving the application—

(a) decide whether or not to renew the relevant return point exemption, and

(b) notify the exemption holder of its decision.

(8) A notice under sub-paragraph (7)(b) must be in writing and—

(a) if the deposit management organisation renews the return point exemption—

(i) specify the further period for which the exemption is to continue in force, and

(ii) specify the date at the end of which the return point exemption will expire unless it is renewed or revoked;

(b) if the deposit management organisation decides not to renew the return point exemption—

(i) state the reasons for that decision, and

(ii) state that the in-scope retailer has a right under regulation 76 to ask the deposit management organisation to review its decision.

(9) But this paragraph is subject to paragraphs 8 and 9.