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

Schedule 6 Civil Sanctions

Regulation 90 Part 1 Introductory Interpretation of Schedule 6 1 In this Schedule— “compliance notice” has the meaning given in paragraph 14(1); “enforcement undertaking” means an undertaking, in writing, to take the action specified in that undertaking within the period specified in that undertaking; “FMP” means a fixed monetary penalty; “variable monetary penalty” means a penalty of such amount as the enforcement authority may determine; “VMP” means a variable monetary penalty. Part 2 The Table of Civil Sanctions Requirement or act | FMP (amount) | VMP | compliance notice | enforcement undertaking Scheme producers Regulation 11 and Part 1 of Schedule 1 (registration) | No | Yes | Yes | Yes Regulation 13(1)(a) or (b) (requirement to make or keep records) | No | Yes | Yes | Yes Providing information in response to a DMO instruction under regulation 14, or in an application for registration under paragraph 2 of Schedule 1, or under paragraph 4 or 5 of Schedule 1, where— (a) the person providing the information knows it to be inaccurate, false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular, or (c) the person providing the information knows it to be incomplete in a material particular, or (d) the producer has not notified the deposit management organisation of a change to the relevant information. | No | Yes | Yes | Yes Providing information in an application under regulation 18 for registration of a product line as a low volume line, where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular. | No | Yes | Yes | Yes Regulation 21 (requirement to pay a producer registration fee) | No | Yes | Yes | Yes Regulation 22 (requirement to pay deposits to the deposit management organisation) | No | Yes | Yes | Yes Scheme suppliers Regulation 23 (prohibition on supply of items from a scheme producer not registered with the deposit management organisation) | Yes (£1,000) | No | Yes | No Regulation 24(1)(a) (requirement for deposit item to carry scheme logo) | Yes (£1,000) | No | Yes | No Regulation 24(1)(b) (requirement for deposit item to carry scheme return code) | Yes (£1,000) | No | Yes | No Regulation 24(2) (requirement for scheme multipack to carry scheme packaging logo) | Yes (£1,000) | No | Yes | No Regulation 25(1) (prohibition on supply of a registered low volume product carrying a scheme logo or scheme return code) | Yes (£1,000) | No | Yes | No Regulation 26(1) or (6) (requirement to provide or display, or provide for display, the Scheme information) | Yes (£1,000) | No | Yes | No Regulation 27(1) (requirement to provide or display, or provide for display, the LVP information) | Yes (£500) | No | Yes | No Regulation 28(1) (requirement to charge a deposit), where the scheme supplier is a scheme retailer | Yes (£1,000) | No | Yes | No Regulation 28(1), where the scheme supplier is not a scheme retailer | No | Yes | Yes | Yes Regulation 29(1) (requirement to display opt-out information) | Yes (£500) | No | Yes | No Providing information in response to a DMO instruction under regulation 30 where— (a) the person providing the information knows it to be inaccurate, false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular, or (c) the person providing the information knows it to be incomplete in a material particular. | No | Yes | Yes | Yes Return of returnable items Regulation 34(1) (requirement to operate a return point) | Yes (£1,000) | No | Yes | No Regulation 34(4) and (5) and Schedule 2 (requirement to register, or renew registration, with the deposit management organisation as a mandatory return point operator) | No | Yes | Yes | Yes Providing information under paragraph 2, or 4 of Schedule 2 where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular. | No | Yes | Yes | Yes Failure to provide information under paragraph 7 of Schedule 3 (return point exemption: duty to notify deposit management organisation of change of circumstances. | No | Yes | Yes | Yes Providing information under paragraph 2, 7 or 9 of Schedule 3 where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular. | No | Yes | Yes | Yes Regulation 36(1) (requirement to display information where no return point is operated) | Yes (£500) | No | Yes | No Regulation 40 (requirement to display information at a return point) | Yes (£500) | No | Yes | No Regulation 41 (requirement to be a scheme retailer and registered in order to provide a take-back service) | Yes (£1,000) | No | Yes | No Regulation 42(1) or (5) (requirement to provide or display information about a take-back service) | Yes (£500) | No | Yes | No Providing information in an application under paragraph 2 or 5 of Schedule 4, where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular. | No | Yes | Yes | Yes Paragraph 8 of Schedule 4 (duty to notify the deposit management organisation of a change in information) | No | Yes | Yes | Yes Regulation 47(1), (2) or (3) (b) (requirements as to the payment of the total return amount) | Yes (£500) | No | Yes | No Regulation 48 (requirement to retain returnable items) | Yes (£1,000) | No | Yes | No Regulation 49 (requirement to retain or return returnable items) | Yes (£1,000) | No | Yes | Yes The deposit management organisation Regulation 51(3) (requirement to comply with conditions of appointment) | No | Yes | Yes | Yes Regulation 52(1) (requirement to act in accordance with operational plan) | No | Yes | Yes | Yes Regulation 53(1) (requirement to submit annual report) | No | Yes | Yes | Yes Regulation 54(1) (requirement to establish and maintain a reserve fund) | No | Yes | Yes | Yes Regulation 55 (scheme logo and scheme packaging logo: requirement to issue) | No | Yes | Yes | Yes Regulation 56 (publication of scheme logo and scheme packaging logo) | No | Yes | Yes | Yes Regulation 57 (scheme return code) | No | Yes | Yes | Yes Regulation 66(1) (requirement to collect returnable items etc. from return point operators etc.) | No | Yes | Yes | Yes Regulation 66(2) (requirement to pay sums for returnable items) | No | Yes | Yes | Yes Regulation 68 (requirement to recycle or make arrangements for recycling of in-scope material from refund items) | No | Yes | Yes | Yes Regulation 69 (requirement to make arrangements for the recycling of in-scope material from items other than refund items) | No | Yes | Yes | Yes Regulation 71 (requirement to pay NEA costs) | No | Yes | Yes | Yes Regulation 72 (information about returns data) | No | Yes | Yes | Yes Failure, without reasonable excuse, to comply with the obligation in regulation 81 (collection targets). | No | Yes | Yes | Yes Matters connected with enforcement Regulation 85(3) (requirement to comply with an information notice), where the notice is given by a local weights and measures authority | Yes (£500) | No | Yes | No Providing information to a local weights and measures authority in response to an information notice under regulation 85 where— (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular. | Yes (£500) | No | Yes | No Regulation 85(3) (requirement to comply with an information notice), where the notice is given by a national enforcement authority | No | Yes | Yes | Yes Providing information to a national enforcement authority under regulation 85 where — (a) the person providing the information knows it to be false or misleading in a material particular, or (b) the person providing it does so recklessly and the information is false or misleading in a material particular. | No | Yes | Yes | Yes Regulation 86(1) (obstructing or failing to assist an authorised person), where the authorised person was appointed by a local weights and measures authority | Yes (£1,000) | No | Yes | No Regulation 86(1) (obstructing or failing to assist an authorised person), where the authorised person was appointed by DAERA or the Environment Agency | No | Yes | Yes | Yes Part 3 Fixed monetary penalties Power to impose an FMP 2 (1) An enforcement authority may, by notice, impose an FMP on a person in relation to an act or contravention of a requirement mentioned in the CS Table, if the CS Table indicates that an FMP is available for that act or contravention of that requirement. (2) Before doing so, the enforcement authority must be satisfied on the balance of probabilities that the person has acted or contravened the relevant requirement as set out in the CS Table. (3) “Fixed monetary penalty” means a requirement to pay to the enforcement authority a penalty in relation to an act or contravention of a requirement mentioned in the CS Table, of the amount indicated in the CS Table for that act or contravention of that requirement. Notice of intention to impose an FMP 3 (1) Where an enforcement authority proposes to impose an FMP on a person, the authority must give that person a notice of what is proposed (referred to in this Part of this Schedule as a “notice of intent”). (2) A notice of intent must be in writing and must— (a) state the grounds for imposing the FMP, (b) state the amount of the FMP, and (c) include information as to the right to make representations and objections within the period of 28 days beginning with the date on which the person receives the notice (referred to in this Part of this Schedule as “the 28-day period”). Making representations and objections 4 (1) A person who is given a notice of intent may, within the 28-day period, make representations or objections to the enforcement authority in relation to the proposed imposition of the FMP. (2) Any representations or objections under paragraph (1) must be in writing. Final notice of decision to impose an FMP 5 (1) The enforcement authority must, after considering any representations or objections made within the 28-day period, notify the person concerned in writing of its decision. (2) Where the decision is made to impose the FMP (with or without modifications to the original terms of the notice of intent) the enforcement authority must serve a final notice in writing and must include the following information— (a) the amount of the FMP, (b) the grounds for imposing the FMP, (c) how payment of the FMP is to be made, (d) that the date by which payment must be made is the last day of a period of 56 days beginning with the date of receipt of the final notice, (e) details of the late payment penalties, (f) information as to the right of appeal, and (g) the consequences of non-payment. Appeal 6 (1) A person who receives a final notice may appeal against it. (2) The grounds of appeal are— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the decision was unreasonable for any other reason. Non-payment after 56 days 7 (1) An FMP must be paid within the period of 56 days beginning with the date of receipt of the final notice, unless the final notice is appealed in which case regulation 98(1)(b) applies. (2) If the FMP is not paid within that period, the amount payable is the original amount of the FMP plus 50% of that figure. (3) Where a final notice is appealed and the appeal is unsuccessful or withdrawn— (a) the FMP is payable within the period of 28 days beginning with the day on which the appeal is determined or withdrawn (as the case may be), and (b) if the FMP is not paid within that period, the amount payable is the original amount of the FMP plus 50% of that figure. Part 4 Variable monetary penalties Power to impose a VMP 8 (1) An enforcement authority may, by notice, impose a VMP on a person in relation to an act or contravention of a requirement mentioned in the CS Table, if the CS Table indicates that a VMP is available for the act or contravention. (2) A requirement under this paragraph must not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission. (3) Before serving a notice relating to a VMP for failure to comply with a compliance notice or enforcement undertaking, the enforcement authority may require a person to provide such information as is reasonable to establish the amount of any benefit arising from the failure to comply with the compliance notice or enforcement undertaking. Notice of intention to issue a VMP 9 (1) Where an enforcement authority proposes to impose a VMP on a person under this Part of this Schedule, the authority must give the person a notice of what is proposed (a “notice of intent”). (2) A notice of intent must be in writing and must include— (a) the grounds for imposing the VMP, (b) the amount of the penalty, (c) information as to the right to make representations within the period of 28 days beginning with the day on which the person receives the notice (referred to in this Part of this Schedule as “the 28-day period”). Representations and objections 10 (1) A person on whom a notice of intent is served may within the 28-day period make representations to the enforcement authority about the proposed imposition of the VMP. (2) Any representations or objections under this paragraph must be in writing. Service of final notice 11 (1) The enforcement authority must after considering any representations made within the 28-day period, notify the person concerned of its decision, with or without modifications. (2) Where the enforcement authority decides to impose a VMP, the enforcement authority must give a notice (referred to in this Part of this Schedule as a “final notice”) to the relevant person. (3) The final notice must be in writing. Contents of final notice 12 A final notice must include— (a) the grounds for imposing the VMP, (b) the amount of the penalty, (c) how the payment may be made, (d) the period within which the payment must be made, which must not be less than 28 days from when the final notice is given, (e) information as to the right of appeal, and (f) information as to the consequences of failing to comply with the notice. Appeal against a final notice 13 (1) A person who receives a final notice may appeal against it. (2) The grounds of appeal are— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the amount of the penalty is unreasonable; (d) that the decision was unreasonable for any other reason. Part 5 Compliance Notices Issue of a compliance notice 14 (1) An enforcement authority may, by notice (a “compliance notice”), impose a requirement on a person to take such steps as the authority may specify, within such period as the authority may specify, to secure that the contravention of a requirement does not continue or recur in relation to an act or a contravention of a requirement mentioned in the CS Table, if the CS Table indicates such penalty is possible for the act or contravention. (2) Before imposing any such requirement, the enforcement authority must be satisfied that there are reasonable grounds for considering that the person has contravened or will contravene the relevant requirement. (3) A requirement must not be imposed on a person on more than one occasion in relation to the same act or omission unless the act or omission is a continuing act or omission. (4) But sub-paragraph (3) does not prevent an equivalent requirement being imposed on a person in a compliance notice if any earlier requirement imposed on that person in relation to the same act or omission has first been withdrawn. Contents of a compliance notice 15 A compliance notice must include— (a) information as to the grounds for imposing the requirement, (b) information as to the compliance or restoration which is required and the period within which it must be completed, (c) information about the right of appeal, and (d) information as to the consequences of failing to comply with the notice. Appeal against a compliance notice 16 (1) A person who receives a compliance notice may appeal against it. (2) The grounds of appeal are— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the nature of the requirement is unreasonable; (d) that the decision was unreasonable for any other reason. Part 6 Enforcement undertaking Power to accept an enforcement undertaking and related matters 17 (1) An enforcement authority may accept an enforcement undertaking from a person in a case where, in relation to an act or a contravention of a requirement mentioned in the CS Table, the CS Table indicates that a penalty is available for that act or contravention. (2) Before accepting any enforcement undertaking, the enforcement authority concerned must first establish a procedure appropriate to such undertakings. (3) The enforcement authority must— (a) consult such persons as it considers appropriate before establishing the procedure, and (b) publish the procedure established. Contents of an enforcement undertaking 18 (1) An enforcement undertaking must— (a) specify a relevant action, (b) specify the period within which that action must be completed, and (c) include— (i) a statement that the undertaking is made in accordance with this Part, (ii) the terms of the undertaking, and (iii) a statement as to how and when the person giving the undertaking should be considered to have discharged the undertaking. (2) An enforcement undertaking may be varied, or the period within which the relevant action is to be taken extended, if agreed in writing by the enforcement authority and the person who gave the enforcement undertaking. (3) For the purposes of this paragraph “relevant action” means— (a) action to secure that the contravention of the requirement of these Regulations does not continue or recur, (b) action to secure that the position is, so far as possible, restored to what it would have been had the contravention not occurred, or (c) action (including the payment of a sum of money) to benefit or improve the environment, such as action to prevent littering or increase the recycling of in-scope material from which containers are made. Effect of acceptance of an enforcement undertaking 19 (1) If an enforcement authority accepts an enforcement undertaking under paragraph 17(1), the enforcement authority must not impose any other civil sanction in respect of the act or the contravention to which the enforcement undertaking relates. (2) But sub-paragraph (1) ceases to apply if the person fails to comply with the relevant enforcement undertaking or any part of it. Publication of enforcement undertakings 20 An enforcement authority must publish each enforcement undertaking it accepts in such manner as it considers appropriate for the purposes of bringing it to the attention of persons who may be affected. Discharge of an enforcement undertaking 21 (1) If an enforcement authority is satisfied that an enforcement undertaking has been complied with, the enforcement authority must issue a certificate (a “discharge certificate”) to that effect. (2) An enforcement authority may require a person who has given an enforcement undertaking to provide sufficient information for the purposes of determining whether the person has complied with that undertaking. (3) A person who has given an enforcement undertaking may apply, at any time, for a discharge certificate. (4) Where an enforcement authority receives an application under sub-paragraph (3), the authority must within the relevant period— (a) decide whether to issue a discharge certificate, and (b) notify the person making the application of that decision. (5) The “relevant period” is the period of 14 days beginning with the day on which the enforcement authority receives the application in question. Rights of appeal 22 (1) A person who has given an enforcement undertaking to an enforcement authority may appeal against a decision of that authority not to issue a discharge certificate. (2) The grounds of appeal are— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the decision was unfair or unreasonable; (d) that the decision was wrong for any other reason. Inaccurate, incomplete or misleading information 23 (1) A person who gives inaccurate, incomplete or misleading information in relation to an enforcement undertaking is to be regarded as not having complied with it. (2) An enforcement authority may revoke a discharge certificate if it was issued on the basis of inaccurate, incomplete or misleading information. Partial compliance with an enforcement undertaking 24 If a person has partly complied with an enforcement undertaking, the enforcement authority must take that into account when imposing any other civil sanction.