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

Schedule 1 Scheme producers: registration with the deposit management organisation

Regulations 11 and 15 Part 1 Registration Interpretation of Part 1 1 (1) In this Part— “applicant” means a person making an application for registration with the deposit management organisation as a scheme producer; “registration application” means an application for registration with the deposit management organisation as a scheme producer; “registration information” has the meaning given in sub-paragraph (2). (2) “Registration information”, in relation to an applicant, means— (a) the applicant’s name and business name (if different); (b) the address and telephone number of the applicant’s registered or principal office; (c) an address for service, if different from the address mentioned in paragraph (b); (d) if the applicant is a company, the company registration number; (e) if the applicant is a partnership, the names of all of the partners; (f) the name and contact details (including an email address where available) of the person appointed as the point of contact for the applicant in relation to the Scheme; (g) the applicant’s SIC code; (h) a statement as to whether or not the applicant is a brand owner; (i) a statement as to whether or not the applicant is an importer; (j) a statement as to whether or not the applicant fills to order; (k) if the applicant is a brand owner or importer, the brand name of each drink for which the applicant is the brand owner or importer; (l) the total number of deposit items which the applicant expects to supply in the relevant area in the period of 12 months following their registration with the deposit management organisation and in each subsequent 12 month period or as the deposit management organisation directs, together with— (i) information about the in-scope materials from which the applicant expects the in-scope bottles and cans to be wholly or mainly made, (ii) the expected capacity of each type of those bottles and cans, and (iii) if the applicant expects any of the deposit items to be made available for supply in scheme multipacks, the expected size of those multipacks. (3) For the purposes of sub-paragraph (2)(g), “SIC code” means a code included in the UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007). Registration application 2 (1) A person seeking registration with the deposit management organisation as a scheme producer must make a registration application to the deposit management organisation before 1st October 2027. (2) A registration application must— (a) be made in such form and manner as the deposit management organisation directs, (b) contain the registration information, and (c) contain such other information (if any) as the deposit management organisation may direct in compliance with sub-paragraph (4). (3) Where the applicant is a partnership, the registration application must, if made by only one partner, be made by that partner on behalf of all of the partners. (4) The deposit management organisation may only direct an applicant to provide information in their registration application which the deposit management organisation reasonably requires for the purposes of its functions under, or in connection with, the Scheme. (5) Where a person becomes a scheme producer after the coming into force of regulation 11, the scheme producer must make a registration application within such period as the deposit management organisation may direct. Decision on registration application 3 (1) The deposit management organisation— (a) may make a decision on a registration application before 1st October 2027, and (b) must grant the registration application and register the applicant as a scheme producer, if the deposit management organisation is satisfied that the registration application meets the requirements of paragraph 2(2), or (c) otherwise, must refuse the registration application. (2) The deposit management organisation must notify the applicant— (a) of its decision concerning the registration application, (b) if the application is granted, of the date on which the registration takes effect, and (c) if the registration application is refused, of the reasons for that decision. (3) A notification under sub-paragraph (2) must be in writing. (4) The deposit management organisation must complete the steps required by sub-paragraphs (1) and (2) within a reasonable period of receiving the registration application. Requirement to notify the deposit management organisation of changes in registration information 4 (1) A registered scheme producer must notify the deposit management organisation of any change to any of the relevant information. (2) In this paragraph “relevant information” means— (a) the registration information, and (b) any other information that the applicant was directed to include in their registration application by the deposit management organisation. Part 2 Cancellation of registration Cancellation of registration on the request of the registered person 5 (1) The deposit management organisation must cancel a person’s registration as a scheme producer if— (a) that person notifies the deposit management organisation that they have ceased to be a scheme producer, and (b) the deposit management organisation is satisfied that that is the case. (2) Where the deposit management organisation cancels a person’s registration as a scheme producer following a notification under sub-paragraph (1), the deposit management organisation must give the person a notice, which— (a) states that the person’s registration as a scheme producer has been cancelled, and (b) specifies the date on which that cancellation takes effect. Deposit management organisation’s power to cancel registration 6 (1) The deposit management organisation may cancel a person’s registration as a scheme producer if the deposit management organisation is satisfied, without a notification having been given under paragraph 5, that the person has ceased to be a scheme producer. (2) Before cancelling a person’s registration as a scheme producer in accordance with sub-paragraph (1), the deposit management organisation must give that person a notice (a “proposal notice”). (3) A proposal notice must be in writing and must— (a) state why the deposit management organisation is proposing to cancel a person’s registration as a scheme producer, (b) specify the date on which the cancellation of the person’s registration as a scheme producer will take effect, (c) state that the person to whom the notice is given may make representations to the deposit management organisation about the proposal, and (d) specify the form and manner in which such representations are to be made and the period within which they must be made, which must not be less than 28 days beginning with the date on which the person receives the proposal notice. (4) The deposit management organisation— (a) must consider any representations made by the relevant person before the date specified in the proposal notice, in accordance with sub-paragraph (3)(b), and (b) must accept a representation made by that person that the person is a scheme producer. (5) The deposit management organisation must notify that person in writing of its decision. (6) Where the deposit management organisation decides to proceed with the cancellation of the person’s registration as a scheme producer, the deposit management organisation must give that person a notice (a “cancellation notice”). (7) A cancellation notice must be in writing and must— (a) state that the person’s registration as a scheme producer is being cancelled and the reasons why, and (b) specify the date on which the cancellation of the registration will take effect, and (c) state that the person has a right under regulation 76 to ask the deposit management organisation to review the decision. (8) If the person exercises the right referred to in sub-paragraph (7)(c), the cancellation notice will not take effect pending the review of the decision. (9) The date specified for the purposes of sub-paragraph (7)(b) must not be before the end of the period of 28 days beginning with the date on which the person receives the cancellation notice.