The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025
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Change 1
65 Review of operation of return points
(1) The deposit management organisation must, at such intervals as it considers appropriate, carry out a review of the operation of all return points in the scheme area. (2) In carrying out a review under paragraph (1), the deposit management organisation must in particular consider— (a) the number of return points; (b) the location of the return points, and in particular— (i) whether return points are being operated both in England and in Northern Ireland, and (ii) whether scheme consumers have reasonable access to at least one return point; (c) the numbers of returnable items that are returned through the return points; (d) the costs involved in the operation of the return points; (e) the likely impact on the number of returnable items returned through return points if the number of return points were to be increased or decreased or the location of return points changed without increasing or decreasing the number of those return points; (f) the likely impact on the costs incurred in the operation of, or income derived from, the Scheme if the number of return points were to be increased or decreased or the location of return points changed without increasing or decreasing the number of return points; (g) any information as to general litter levels and the levels of containers in litter; (h) any information as to footfall in the area under review; (i) whether there is sufficient access to return points for persons living in villages and rural areas. (3) Where the deposit management organisation considers that the number of return points could be decreased without either— (a) reducing the number of returnable items that are returned through the Scheme, or (b) reducing or removing reasonable access to return points in any part of the scheme area, the deposit management organisation may take any of the steps specified in paragraph (4). (4) The steps mentioned in paragraph (3) are— (a) propose to any scheme retailer registered as a mandatory return point operator that they apply to the deposit management organisation for a return point exemption in respect of those premises specified by the deposit management organisation; (b) propose to any scheme supplier who is authorised to operate a voluntary return point at or on any premises that they request the cancellation of their authorisation to operate that return point; (c) cease to operate any return point that the deposit management organisation operates. (5) Where the deposit management organisation considers that an increase in the number of return points is needed to either— (a) increase the number of returnable items that are returned through the Scheme, or (b) improve access to return points for scheme consumers in any part of the scheme area, the deposit management organisation may take one or more of the steps specified in paragraph (6). (6) The steps mentioned in paragraph (5) are— (a) carry out a review of the current return point exemptions and decide whether to propose the revocation of any of them; (b) set up and operate one or more additional return points itself; (c) any other step the deposit management organisation considers appropriate. (7) For the purposes of any steps taken under paragraph (4) or (6), the deposit management organisation— (a) must have regard to the likely impact on the costs of operating the Scheme; (b) may take different steps in relation to different parts of the scheme area.
65 Review of operation of return points
(1) The deposit management organisation must, at such intervals as it considers appropriate, carry out a review of the operation of all return points in the scheme area. (2) In carrying out a review under paragraph (1), the deposit management organisation must in particular consider— (a) the number of return points; (b) the location of the return points, and in particular— (i) whether return points are being operated both in England and in Northern Ireland, and (ii) whether scheme consumers have reasonable access to at least one return point; (c) the numbers of returnable items that are returned through the return points; (d) the costs involved in the operation of the return points; (e) the likely impact on the number of returnable items returned through return points if the number of return points were to be increased or decreased or the location of return points changed without increasing or decreasing the number of those return points; (f) the likely impact on the costs incurred in the operation of, or income derived from, the Scheme if the number of return points were to be increased or decreased or the location of return points changed without increasing or decreasing the number of return points; (g) any information as to general litter levels and the levels of containers in litter; (h) any information as to footfall in the area under review; (i) whether there is sufficient access to return points for persons living in villages and rural areas. (3) Where the deposit management organisation considers that the number of return points could be decreased without either— (a) reducing the number of returnable items that are returned through the Scheme, or (b) reducing or removing reasonable access to return points in any part of the scheme area, the deposit management organisation may take any of the steps specified in paragraph (4). (4) The steps mentioned in paragraph (3) are— (a) propose to any scheme retailer registered as a mandatory return point operator that they apply to the deposit management organisation for a return point exemption in respect of those premises specified by the deposit management organisation; (b) propose to any scheme supplier who is authorised to operate a voluntary return point at or on any premises that they request the cancellation of their authorisation to operate that return point; (c) cease to operate any return point that the deposit management organisation operates. (5) Where the deposit management organisation considers that an increase in the number of return points is needed to either— (a) increase the number of returnable items that are returned through the Scheme, or (b) improve access to return points for scheme consumers in any part of the scheme area, the deposit management organisation may take one or more of the steps specified in paragraph (6). (6) The steps mentioned in paragraph (5) are— (a) carry out a review of the current return point exemptions and decide whether to propose the revocation of any of them; (b) set up and operate one or more additional return points itself; (c) any other step the deposit management organisation considers appropriate. (7) For the purposes of any steps taken under paragraph (4) or (6), the deposit management organisation— (a) must have regard to the likely impact on the costs of operating the Scheme; (b) may take different steps in relation to different parts of the scheme area.
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