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

Schedule 2 Registration of mandatory return point operators

Regulation 34(5) Interpretation 1 In this Schedule— “application information”, in relation to an in-scope retailer, means— the retailer’s name, and if different, business name, the address and telephone number of the retailer’s registered or principal office, an address for service, if different from the address mentioned in sub-paragraph (b), if the retailer is a company, the company registration number, if the retailer is a partnership, the names of all of the partners, the name and contact details (including an email address where available) of the person appointed as the point of contact for the retailer in relation to the Scheme, and the address of each of the MRP premises in respect of which the retailer is required to operate a return point in accordance with regulation 34(1); “registration application” means an application for registration with the deposit management organisation as a mandatory return point operator. Application for registration 2 (1) An in-scope retailer 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, and (b) contain the application information, and (c) contain such other information (if any) as the deposit management organisation may direct. (3) Where the in-scope retailer 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) Where a person becomes an in-scope retailer after the coming into force of regulation 34, the retailer must make a registration application within such period as the deposit management organisation may direct. Application for registration: decision 3 (1) Where the deposit management organisation receives a registration application which complies with paragraph 2(2), the deposit management organisation must, within a reasonable period of receiving the application— (a) register the in-scope retailer in relation to each of the MRP premises in respect of which the retailer is required to operate a return point, and (b) notify the in-scope retailer in writing that the retailer has been registered as a mandatory return point operator. (2) The deposit management organisation may register the in-scope retailer under sub-paragraph (1) before 1st October 2027. Cancellation of registration 4 (1) The deposit management organisation must— (a) cancel an in-scope retailer’s registration as a mandatory return point operator in respect of any particular MRP premises, if— (i) the retailer notifies the deposit management organisation that they no longer supply deposit items at or on those premises and the deposit management organisation is satisfied that that is the case, or (ii) the deposit management organisation grants a return point exemption in respect of those premises; (b) cancel a person’s registration as a mandatory return point operator, if— (i) the person notifies the deposit management organisation that they are no longer an in-scope retailer and the deposit management organisation is satisfied that that is the case, or (ii) the deposit management organisation grants a return point exemption in respect of all of the in-scope retailer’s premises which are MRP premises. (2) Where the deposit management organisation cancels a person’s registration as a mandatory return point operator 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 mandatory return point operator has been cancelled, and (b) specifies the date on which that cancellation takes effect. (3) The deposit management organisation may— (a) cancel an in-scope retailer’s registration as a mandatory return point operator in respect of any particular premises if the deposit management organisation is satisfied, without a notification having been given under sub-paragraph (1)(a)(i) that the retailer no longer supplies deposit items at or on those premises; (b) cancel a person’s registration as a mandatory return point operator, if the deposit management organisation is satisfied, without a notification having been given under sub-paragraph (1)(b)(i), that the person is no longer an in-scope retailer. (4) Before cancelling a person’s registration as a mandatory return point operator in accordance with sub-paragraph (3), the deposit management organisation must give that person a notice (a “proposal notice”). (5) A proposal notice must be in writing and must— (a) state why the deposit management organisation is proposing to cancel the person’s registration as a mandatory return point operator, (b) specify the date on which the cancellation of the person’s registration as a mandatory return point operator 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. (6) 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 (5)(b); (b) may reject any representations made by that person after that date. (7) The deposit management organisation must notify that person in writing of its decision. (8) Where the deposit management organisation decides to proceed with the cancellation of the person’s registration as a mandatory return point operator, the deposit management organisation must give that person a notice (a “cancellation notice”). (9) A cancellation notice must be in writing and must— (a) state that the persons’ registration as a mandatory return point operator 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. (10) If the person exercises the right referred to in sub-paragraph (9)(c), the cancellation notice will not take effect pending the review of the decision. (11) The date specified for the purposes of sub-paragraph (9)(b) must not be before the end of the period of 28 days beginning with the date on which the person received the cancellation notice.