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

Schedule 4 Voluntary operation of return points and provision of take-back services

Regulations 38 and 41 Part 1 Introductory Interpretation of Schedule 4 1 In this Schedule— “applicant information” means— the name of the person making the application and, if different, their business name, the address and telephone number for the person’s registered or principal office, an address for service if different from the address mentioned in paragraph (b), where the person making the application is a company, the company registration number, where the person making the application is a partnership, the names of all of the partners, and the name and contact details (including an email address where available) of the person appointed as the point of contact in connection with the application; “notice” means a notice in writing; “return point authorisation information” means— the address of the premises at or on which it is proposed to operate a return point, information about the accessibility of the return point, including— its proposed location, the access routes to it, and its proposed hours of operation, the type of return point that the person making the application proposes to operate, and information which demonstrates— that the person making the application has sufficient resources to set up and operate the return point for a period of at least 12 months, the number of returnable items that the person making the application estimates will be returned to the return point each month, and the basis for that estimate, and how the person making the application intends to manage the expected volume of returns of returnable items; “take-back service authorisation information” means information which demonstrates— that the scheme retailer applying for authorisation has sufficient resources to set up and operate the proposed take-back service for at least 12 months, the number of returnable items that the scheme retailer estimates will be collected during each month and the basis for that estimate, and how the scheme retailer intends to manage the expected volume of returns of returnable items. Part 2 Application for authorisation to operate a return point Application for authorisation to operate a return point at or on any in-scope premises 2 (1) A scheme supplier may apply to the deposit management organisation to operate a return point at or on an in-scope premises. (2) A groceries retailer which is exempt from the requirement to operate a return point under regulation 35 (“exempt groceries retailer”) may apply to the deposit management organisation to operate a return point at or on an in-scope premises. (3) An application under this paragraph must— (a) be made in such form and manner as the deposit management organisation may direct, and (b) contain— (i) the applicant information, (ii) the return point authorisation information, and (iii) such other information (if any) as the deposit management organisation may direct. (4) Where the scheme supplier or the exempt groceries retailer is a partnership, the application must be made by one of the partners on behalf of all of the partners. Decision on application 3 (1) Where the deposit management organisation receives an application under paragraph 2, it must, within a reasonable period of receiving the application— (a) decide whether to grant or refuse the application, and (b) notify the applicant of its decision. (2) The deposit management organisation may grant or refuse the application under sub-paragraph (1)(a) before 1st October 2027. (3) A notice under sub-paragraph (1)(b) must— (a) where the deposit management organisation grants the application, specify the date on which the authorisation takes effect; (b) where the deposit management organisation refuses the application, state the reasons for that decision and— (i) notify the applicant that the authorisation to operate a return point has been refused; (ii) state that the applicant has a right under regulation 76 to apply to the deposit management organisation to review its decision. Duration of a person’s authorisation to operate a return point 4 A person’s authorisation to operate a return point has effect until it is revoked by the deposit management organisation. Part 3 Authorisation of a scheme retailer as a take-back service provider Authorisation of a scheme retailer as a take-back service provider 5 (1) A scheme retailer may make an application to the deposit management organisation for authorisation as a take-back service provider. (2) Where the scheme retailer is a partnership, the application must, if made by only one partner, be made by that partner on behalf of all of the partners. (3) An application under this paragraph must— (a) be made in such form and manner as the deposit management organisation may direct, (b) contain the applicant information, and (c) contain such other information (if any) as the deposit management organisation may direct. Decision on application 6 (1) Where the deposit management organisation receives an application under paragraph 5, it must, within a reasonable period of receiving the application— (a) decide whether to grant or refuse the application, and (b) give the applicant a notice of its decision. (2) A notice under sub-paragraph (1)(b) must— (a) where the deposit management organisation grants the application, specify the date on which the authorisation takes effect; (b) where the deposit management organisation refuses the application— (i) state the reasons for that decision, and (ii) state that the applicant has a right under regulation 76 to apply to the deposit management organisation to review its decision. Duration of a scheme retailer’s authorisation as a take-back service provider 7 A scheme retailer’s authorisation as a take-back service provider has effect until it is revoked by the deposit management organisation. Part 4 Information Duty to notify the deposit management organisation of a change in the applicant information, return point authorisation information or take-back service authorisation information 8 (1) A scheme supplier or an exempt groceries retailer who is authorised to operate a return point at or on particular premises must notify the deposit management organisation if there is any change in the applicant information or the return point authorisation information submitted in connection with that scheme supplier’s or exempt groceries retailer’s authorisation. (2) A scheme retailer who is authorised to provide take-back services must notify the deposit management organisation if there is any change in the applicant information or the take-back service authorisation information submitted in connection with that scheme retailer’s authorisation. (3) A notice under this paragraph must be given within the period of 28 days beginning with the date on which the change occurs. Part 5 Revocation of authorisation Revocation of authorisation on request 9 (1) The deposit management organisation must, if requested to do so by the scheme supplier or the exempt groceries retailer authorised to operate a return point at or on particular premises, revoke the authorisation to operate that return point. (2) The deposit management organisation must, if requested to do so by the scheme retailer, revoke the scheme retailer’s authorisation as a take-back service provider. (3) Where the deposit management organisation revokes a person’s authorisation under this paragraph, the deposit management organisation must give the person a notice, specifying the day at the end of which the authorisation ceases to have effect. Revocation of authorisation on initiative of the deposit management organisation 10 (1) The deposit management organisation may revoke— (a) the authorisation of a scheme supplier or exempt groceries retailer to operate a return point at or on particular premises, or (b) a scheme retailer’s authorisation to provide take-back services, otherwise than following a request under paragraph 9. (2) The deposit management organisation may only revoke the authorisation of a scheme supplier or exempt groceries retailer under sub-paragraph (1)(a) on the following grounds— (a) the person has failed to comply with one or more of their obligations as a return point operator under or in connection with the Scheme; (b) there has been a change of circumstances since the authorisation was granted, including any change such that— (i) the location, layout, design, or construction of the premises to which the authorisation relates can no longer, or can no longer easily, permit the operation of a return point and cannot be reasonably altered to allow the continued operation of a return point; (ii) the operation of the return point to which the authorisation relates is no longer viable. (3) The deposit management organisation may only revoke a scheme retailer’s authorisation to provide take-back services under sub-paragraph (1)(b) on the following grounds— (a) the scheme retailer has failed to comply with any of their obligations as a take-back service provider under or in connection with the Scheme; (b) there has been a change of circumstances since the authorisation was granted; (c) the operation of the take-back service is no longer viable. (4) Where the deposit management organisation proposes to revoke an authorisation, it must give that person a notice (a “proposal notice”). (5) A proposal notice must be in writing and must— (a) state the reasons for which the deposit management organisation is proposing to revoke the authorisation, and (b) specify the day at the end of which the revocation is expected to take effect, if the proposal is upheld, and (c) specify the form and manner in which, and the period within which the relevant person may make representations to the deposit management organisation about the proposed revocation, 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 to it in the specified form and manner and by the specified date; (b) may consider any representations made otherwise than in the specified form or manner or after the specified date (or both). (7) Where the deposit management organisation decides to proceed with the revocation of a person’s authorisation, it must give the person a notice (a “revocation notice”). (8) A revocation notice must be in writing and must— (a) state that the person’s authorisation is being revoked, and the reasons why, and (b) specify the day at the end of which the revocation will take effect, and (c) state that the person has a right under regulation 76 to apply to the deposit management organisation to review its decision. (9) If the person exercises the right referred to in sub-paragraph (8)(c), the revocation notice will not take effect pending the review of the decision. (10) The date specified for the purposes of sub-paragraph (8)(b) must not be before the end of the period of 28 days beginning with the date on which the person receives the revocation notice. (11) The deposit management organisation must notify the person in writing of its decision within a reasonable time.