The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025
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Change 1
61 The amount of the deposit: supplementary provisions
(1) The deposit level may be— (a) the same in respect of all deposit items, or (b) different in respect of different deposit items. (2) For the purposes of paragraph (1)(b), the deposit management organisation may determine the deposit level by reference to, for example— (a) the size of the containers; (b) the in-scope material from which the containers are wholly or mainly made; (c) whether the deposit items are supplied to scheme consumers as single items or in multipacks. (3) The deposit management organisation, when determining the deposit level for any deposit item, must have regard to— (a) the purposes of the Scheme, (b) the collection targets, (c) the likely impact of the deposit level on the ability of scheme consumers to purchase deposit items, (d) the likely impact of the deposit level on the use of containers by registered scheme producers (including the in-scope material used to make those containers, the size of the containers and the use of multipacks), (e) the likely impact on the purchase of deposit items by scheme consumers (including the in-scope material used to make those containers, the size of the containers purchased and purchase of multipacks or single items), (f) the likely impact on scheme consumers, the purposes of the Scheme and the collection targets, if the deposit level for the deposit item is different to any comparable amount payable for a comparable container under any other deposit scheme or any Scottish deposit and return scheme, and (g) the likely impact of a proposed deposit level on the operation of any other deposit scheme or any Scottish deposit and return scheme. (4) Before making a determination under regulation 59 or 60, 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, (ii) the scheme administrator of any other deposit scheme and the Scottish deposit administrator of any Scottish deposit and return scheme, and (iii) 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) For the purposes of this regulation, “comparable container”, in relation to a deposit item, means a container which can be returned under another deposit scheme or a Scottish deposit and return scheme and is— (a) made wholly or mainly from the same in-scope material as the container from the deposit item, (b) of the same size as the container from the deposit item, and (c) supplied in a multipack, if the deposit item is supplied in a multipack.
61 The amount of the deposit: supplementary provisions
(1) The deposit level may be— (a) the same in respect of all deposit items, or (b) different in respect of different deposit items. (2) For the purposes of paragraph (1)(b), the deposit management organisation may determine the deposit level by reference to, for example— (a) the size of the containers; (b) the in-scope material from which the containers are wholly or mainly made; (c) whether the deposit items are supplied to scheme consumers as single items or in multipacks. (3) The deposit management organisation, when determining the deposit level for any deposit item, must have regard to— (a) the purposes of the Scheme, (b) the collection targets, (c) the likely impact of the deposit level on the ability of scheme consumers to purchase deposit items, (d) the likely impact of the deposit level on the use of containers by registered scheme producers (including the in-scope material used to make those containers, the size of the containers and the use of multipacks), (e) the likely impact on the purchase of deposit items by scheme consumers (including the in-scope material used to make those containers, the size of the containers purchased and purchase of multipacks or single items), (f) the likely impact on scheme consumers, the purposes of the Scheme and the collection targets, if the deposit level for the deposit item is different to any comparable amount payable for a comparable container under any other deposit scheme or any Scottish deposit and return scheme, and (g) the likely impact of a proposed deposit level on the operation of any other deposit scheme or any Scottish deposit and return scheme. (4) Before making a determination under regulation 59 or 60, 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, (ii) the scheme administrator of any other deposit scheme and the Scottish deposit administrator of any Scottish deposit and return scheme, and (iii) 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) For the purposes of this regulation, “comparable container”, in relation to a deposit item, means a container which can be returned under another deposit scheme or a Scottish deposit and return scheme and is— (a) made wholly or mainly from the same in-scope material as the container from the deposit item, (b) of the same size as the container from the deposit item, and (c) supplied in a multipack, if the deposit item is supplied in a multipack.
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