A return point operator must display the following information, clearly and accessibly, at the return point—
(a) a statement that the return point operator may refuse to accept a returnable item if the return point operator has a reasonable excuse for doing so, and in those cases a return amount will not be paid,
(b) a summary of the procedure put in place by the deposit management organisation for the making of any complaint about the operation of the return point, and
(c) contact details for the deposit management organisation.
(1) A person may provide a take-back service if—
(a) they are a scheme retailer, and
(b) they are registered with the deposit management organisation to provide that service.
(2) Schedule 4 contains further provision about registration to provide a take-back service and related matters.
(1) A take-back service provider must provide or display the take-back service information referred to in paragraph (6), or provide that information for display, in accordance with this regulation.
(2) Where a take-back service provider offers orally (for example, by telephone) to supply deposit items to a scheme consumer, the take-back service provider must orally provide at the same time—
(a) the scheme information, and
(b) the take-back service information, and
(c) if requested to do so, provide the take-back service information in writing to that person or direct the person to where that information can be found through any means of distance communication.
(3) A take-back service provider who displays or offers deposit items for supply at or on any premises must—
(a) display the take-back service information on those premises so that it is available to a scheme consumer choosing deposit items, and so as to comply with paragraph (7), and
(b) if requested to do so, provide the take-back service information in writing to a scheme consumer who purchases any deposit items or direct the person to where that information can be found through any means of distance communication.
(4) A take-back service provider who offers deposit items for supply through any means of distance communication must—
(a) ensure that the take-back service information is displayed as part of the description of the deposit items on or in the relevant means of distance communication, or
(b) if the take-back service provider is not responsible for the means of distance communication, provide the take-back service information to the person who is responsible for the relevant means of distance communication, for display as part of the description of the deposit items on or in the relevant means of distance communication.
(5) A take-back service provider who provides a person with information under paragraph (4)(b) must ask the person to whom they provide the information to display it as part of the description of any deposit item supplied by the take-back service provider through the relevant means of distance communication so as to comply with paragraph (7).
(6) In this regulation the take-back service information is—
(a) a statement as to how the scheme consumer may accept the offer of the take-back service,
(b) a statement that the take-back service provider may refuse to accept returnable items if they have a reasonable excuse for doing so, and that, in that case, no return amount will be paid,
(c) a statement as to any steps that the scheme consumer must take to enable any returnable items to be collected by the take-back service provider (including, for example, if the scheme consumer must book a collection slot and how such a slot may be booked and the means to be used to identify any returnable items provided by that consumer),
(d) if any return amount is to be paid otherwise than when the returnable items are collected from the scheme consumer, a statement as to how and when the return amount will be paid to the scheme consumer,
(e) a summary of the procedure put in place by the deposit management organisation for the making of any complaint about the operation of the take-back service, and
(f) contact details for the deposit management organisation.
(7) A display of information complies with this regulation if it is displayed clearly and accessibly including through any means of distance communication.
43 Collection or acceptance of returnable items by the deposit management organisation
(1) The deposit management organisation may collect or otherwise accept returnable items from any person (irrespective of the requirements imposed on the deposit management organisation under regulation 66).
(2) The deposit management organisation must pay a return amount for each returnable item that it accepts.
(3) The deposit management organisation may make such arrangements as it considers appropriate for the purposes of this regulation, which may include provision about the means or manner in which any return amount is to be paid by the deposit management organisation.
44 Register of return point operators and deposit management organisation return points
(1) The deposit management organisation must keep and maintain a register of—
(a) return point operators, and
(b) DMO return points.
(2) An entry on the register for a return point operator must identify—
(a) the name of the return point operator, and
(b) each of the premises in respect of which that return point operator is required or authorised to operate a return point.
(3) An entry on the register for a DMO return point must—
(a) identify the premises concerned, and
(b) specify that it is operated by the deposit management organisation.
(4) The deposit management organisation must keep the register up to date and must make any amendments to the register as soon as reasonably practicable.
(5) The register must be available for inspection by members of the public at all reasonable times, free of charge.
(6) In this regulation “DMO return point” means a return point operated by the deposit management organisation.
(1) The deposit management organisation must keep and maintain a register of return point exemptions.
(2) An entry on the register for a return point exemption must—
(a) specify the scheme retailer to whom the exemption has been granted, and
(b) the premises in respect of which the exemption is granted.
(3) The deposit management organisation must update the register as soon as reasonably practicable after the day on which a return point exemption is granted to a scheme retailer.
(4) The deposit management organisation must remove the entry for a return point exemption which expires in accordance with paragraph 6(1)(a) of Schedule 3 as soon as reasonably practicable after it expires.
(5) Where a return point exemption is revoked under paragraph 8 or 9 of Schedule 3, the deposit management organisation must remove the entry for the return point exemption from the register—
(a) at the end of the day on which the revocation takes effect, or
(b) if it is not practicable to amend the register at that time, as soon as reasonably practicable after that time.
(6) The register must be available for inspection by members of the public at all reasonable times, free of charge.
(1) The deposit management organisation must keep and maintain a register of take-back service providers (“the register”).
(2) The deposit management organisation must update the register as soon as reasonably practicable after the day on which a scheme retailer is registered as a take-back service provider.
(3) Where a scheme retailer’s registration as a take-back service provider is revoked under paragraph 9 or 10 of Schedule 4, the deposit management organisation must remove an entry for the take-back service provider from the register—
(a) at the end of the day on which the revocation takes effect, or
(b) if it is not practicable to amend the register at that time, as soon as reasonably practicable after that time.
(4) The deposit management organisation must—
(a) make the register available for inspection by members of the public at all reasonable times, free of charge, and
(b) permit members of the public to obtain copies of entries on the register on payment of a reasonable charge.
(1) Subject to paragraph (2), a scheme collector must pay the total return amount for the returnable items that it accepts from any person and do so using one or more of the following means—
(a) cash in sterling;
(b) a payment to a debit or credit card;
(c) a refund voucher.
(2) If the scheme collector is a scheme retailer (other than a scheme retailer who does not accept cash), the scheme collector must—
(a) offer to pay the total return amount in the form of money or a refund voucher to the person returning the returnable items to them (the “returner”), and
(b) if the returner accepts the offer, pay the total return amount in the form of money or a refund voucher as requested by the returner.
(3) A refund voucher—
(a) may be provided in either a physical or electronic format, but
(b) must be provided in a physical format, if requested by the returner.
(4) For the purposes of this regulation—
(a) “refund voucher” means a voucher, token or similar item which is capable of being exchanged immediately for a sum of money or a payment to a debit or credit card, equal to the relevant total return amount, and
(b) it does not matter whether a refund voucher is capable of being exchanged (whether with the scheme collector or with another person)—
(i) for goods or services, or
(ii) singly or together with any other refund vouchers or other vouchers or similar items;
(c) the “total return amount” payable to a returner is the aggregate of each return amount payable for a returnable item presented by the returner and accepted by the scheme collector.
48 Requirement for return point operators to retain returnable items
A return point operator (other than the deposit management organisation) must retain the returnable items that it accepts at the return point for collection by, or on behalf of, the deposit management organisation.
49 Requirement for take-back service providers to retain or return returnable items
A take-back service provider must either—
(a) retain the returnable items that it accepts through the take-back service for collection by, or on behalf of, the deposit management organisation, or
(b) return the returnable items that it accepts through the take-back service to the deposit management organisation or a person acting on behalf of the deposit management organisation.
(1) The Secretary of State may, with the consent of DAERA, appoint one person as the scheme administrator of the Scheme (referred to in these Regulations as “the deposit management organisation”).
(2) Parts 2 and 4 of Schedule 5 contain provision about the appointment of the deposit management organisation and related matters.
(1) A person’s appointment as the deposit management organisation may be subject to such conditions (if any) as the Secretary of State considers appropriate (see paragraph 2(3)(a)(iii) of Schedule 5).
(2) The Secretary of State may by notice in writing vary or revoke any condition to which the deposit management organisation is subject.
(3) The deposit management organisation must comply with any conditions imposed by the Secretary of State under this regulation and Schedule 5.
(1) The deposit management organisation must act in accordance with its operational plan.
(2) The deposit management organisation—
(a) must consider how its operational plan would adapt to and manage any expansion of the types of in-scope material;
(b) may review its operational plan at any time, and must do so—
(i) by the end of the period of 12 months beginning with the date of appointment, and
(ii) subsequently at intervals not exceeding 12 months.
(3) The deposit management organisation may revise its operational plan following a review under paragraph (2) and must submit any revision of it, as soon as reasonably possible, to—
(a) the Secretary of State,
(b) the Environment Agency, and
(c) DAERA.
(4) The appropriate authority may approve any revision of the operational plan, with or without modifications.
(5) A call-in notice may relate to—
(a) a particular revision, or
(b) such descriptions of revision as may be specified in the notice.
(6) Before approving any revision to the operational plan, the appropriate authority must consult—
(a) the appropriate bodies, and
(b) the deposit management organisation.
(7) For the purposes of paragraph (6)(a), the appropriate bodies are—
(a) if the Environment Agency is the appropriate authority, DAERA;
(b) if DAERA is the appropriate authority, the Environment Agency;
(c) if the Secretary of State is the appropriate authority, the Environment Agency and DAERA.
(8) An approval for the purposes of paragraph (4) must be given in writing.
(9) The deposit management organisation must promptly incorporate any revision approved under paragraph (4) into its operational plan and must send a copy of that revised operational plan, if requested to do so, to—
(a) the Secretary of State,
(b) the Environment Agency, and
(c) DAERA.
(10) In this regulation—
“appropriate authority” means—
the Environment Agency or DAERA, or
where a call-in notice has effect in respect of a proposed revision, the Secretary of State;
“call-in notice” means a notice in writing given by the Secretary of State to the Environment Agency or DAERA that a revision of the operational plan is to be approved by the Secretary of State instead of by the Environment Agency or DAERA, as the case may be.
(1) The deposit management organisation must submit an annual report to the Secretary of State and the national enforcement authorities for each scheme year.
(2) The annual report must set out how, and the extent to which, the deposit management organisation has in the relevant scheme year acted in accordance with its operational plan.
(3) The annual report must be submitted to the Secretary of State and the national enforcement authorities as soon as is reasonably practicable, and in any event within a period of 6 weeks, beginning with the end of the scheme year to which it relates.
(1) The deposit management organisation which is first appointed following the inception of the Scheme must establish a reserve fund within 5 years of the date of its appointment.
(2) The deposit management organisation, and any deposit management organisation which is subsequently appointed in its place, must—
(a) maintain the reserve fund in such amount as is necessary to fund the payments set out in paragraph (3), or
(b) maintain the reserve fund in such amount as the Secretary of State may direct.
(3) In this regulation “reserve fund” means a fund out of which, in the event of the deposit management organisation’s appointment being revoked, payments may be made by the interim scheme administrator in respect of—
(a) expenditure incurred by the deposit management organisation in the exercise of its functions under or in connection with the Scheme before its appointment was revoked, and
(b) expenditure incurred by the interim scheme administrator in the discharge of its functions under or in connection with the Scheme before the appointment of another person as the deposit management organisation (see Chapter 10 of this Part).
(1) The deposit management organisation—
(a) must issue to registered scheme producers a single logo designed to be carried on each deposit item to identify it as a deposit item (the “scheme logo”);
(b) may issue to registered scheme producers a single logo designed to be carried on each scheme multipack to identify the scheme multipack as packaging which contains one or more deposit items (the “scheme packaging logo”).
(2) A scheme logo or scheme packaging logo may from time to time be withdrawn and replaced by the deposit management organisation.
(3) Before deciding to issue, withdraw or replace a scheme logo or scheme packaging logo, the deposit management organisation must have regard to the likely impact of the decision on registered scheme producers.
(4) Where the deposit management organisation issues or replaces any scheme logo or scheme packaging logo, the deposit management organisation must specify the date from which that logo is to be used by registered scheme producers and scheme suppliers.
(5) The date specified for the purposes of paragraph (4) must be a date which the deposit management organisation is satisfied gives registered scheme producers and scheme suppliers sufficient notice of the change before it takes effect.
56 Publication of scheme logo and scheme packaging logo
The deposit management organisation must publish—
(a) the scheme logo, and
(b) the scheme packaging logo (if any),
in such manner as the deposit management organisation considers appropriate to bring them to the attention of scheme suppliers and consumers.
(1) In these Regulations “scheme return code”, in relation to a deposit item, means a code which—
(a) when scanned electronically, enables the registered scheme producer of the item to be identified, and
(b) meets any code requirements.
(2) For the purposes of paragraph (1), “code requirements”, in relation to a code, means any additional requirements specified for the time being by the deposit management organisation.
(3) The requirements which the deposit management organisation may specify under paragraph (2) include—
(a) requirements as to the technological or security standards that a code must meet to be used as a scheme return code, or
(b) requirements as to the information to be retrieved when the code is scanned electronically.
(4) The deposit management organisation may—
(a) specify the same requirements for the code to be used on all deposit items, or
(b) specify different requirements for the codes to be used on different deposit items.
(5) In determining whether, and if appropriate, what requirements to specify under paragraph (2), the deposit management organisation must take into account the likely impact of those requirements on registered scheme producers.
(6) Before making changes to the requirements specified for any deposit item, the deposit management organisation must take into account the likely impact of those changes on registered scheme producers.
(7) Where the deposit management organisation changes the requirements specified for any deposit item, the deposit management organisation must specify the date from which the code containing those requirements is to be used.
(8) The date specified for the purposes of paragraph (7) must be a date which the deposit management organisation is satisfied gives registered scheme producers sufficient notice of the change before it takes effect.
(9) The deposit management organisation must take such steps as it considers appropriate to ensure that registered scheme producers are aware of the code requirements (if any) and any changes to them.
58 Agreement on a common scheme logo, scheme packaging logo, and scheme return code
(1) The deposit management organisation must use its best endeavours to reach agreement with any other scheme administrator and the Scottish deposit administrator on a common single scheme logo, scheme packaging logo, and on return code requirements.
(2) Before issuing a scheme logo or scheme packaging logo under regulation 55 or a scheme return code under regulation 57, the deposit management organisation must—
(a) consult—
(i) such persons as appear to the deposit management organisation to represent those likely to be affected by the deposit management organisation issuing such scheme logo, scheme packaging logo or scheme return code;
(ii) the scheme administrator of any other deposit scheme and the Scottish deposit administrator of any Scottish deposit and return scheme, and
(iii) such other persons (if any) as the deposit management organisation considers appropriate, and
(b) have regard to the views expressed in responses to the consultation.
59 Requirement to determine the amount of the deposit
(1) The deposit management organisation must determine the deposit level in respect of deposit items.
(2) In making a determination under paragraph (1), the deposit management organisation must—
(a) use its best endeavours to reach agreement with any other scheme administrator and the Scottish deposit administrator on setting the same deposit level for deposit schemes across the United Kingdom, and
(b) have regard to any determinations on deposit levels made by other such administrators when determining the deposit management organisation’s own deposit levels.
(3) The deposit management organisation must publish, in such manner as it considers appropriate, the deposit level in respect of deposit items.
(4) The deposit management organisation must, on request from the Secretary of State or DAERA, inform them of the methodology, data and evidence relied upon to calculate and determine the deposit level.
(1) The deposit management organisation may determine a revised deposit level in respect of any deposit items.
(2) The deposit management organisation must publish a notice, in such manner as it considers appropriate, which specifies—
(a) the revised deposit level in respect of the relevant deposit items, and
(b) the date on which the revised deposit level takes effect.
(3) The date specified for the purposes of paragraph (2)(b) must not be before the end of the period of three calendar months beginning with the date on which the relevant notice is published.
61 The amount of the deposit: supplementary provisions
(1) The deposit level may be—
(a) the same in respect of all deposit items, or
(b) different in respect of different deposit items.
(2) For the purposes of paragraph (1)(b), the deposit management organisation may determine the deposit level by reference to, for example—
(a) the size of the containers;
(b) the in-scope material from which the containers are wholly or mainly made;
(c) whether the deposit items are supplied to scheme consumers as single items or in multipacks.
(3) The deposit management organisation, when determining the deposit level for any deposit item, must have regard to—
(a) the purposes of the Scheme,
(b) the collection targets,
(c) the likely impact of the deposit level on the ability of scheme consumers to purchase deposit items,
(d) the likely impact of the deposit level on the use of containers by registered scheme producers (including the in-scope material used to make those containers, the size of the containers and the use of multipacks),
(e) the likely impact on the purchase of deposit items by scheme consumers (including the in-scope material used to make those containers, the size of the containers purchased and purchase of multipacks or single items),
(f) the likely impact on scheme consumers, the purposes of the Scheme and the collection targets, if the deposit level for the deposit item is different to any comparable amount payable for a comparable container under any other deposit scheme or any Scottish deposit and return scheme, and
(g) the likely impact of a proposed deposit level on the operation of any other deposit scheme or any Scottish deposit and return scheme.
(4) Before making a determination under regulation 59 or 60, the deposit management organisation must—
(a) consult—
(i) such persons as appear to the deposit management organisation to represent those likely to be affected by the determination,
(ii) the scheme administrator of any other deposit scheme and the Scottish deposit administrator of any Scottish deposit and return scheme, and
(iii) such other persons (if any) as the deposit management organisation considers appropriate, and
(b) have regard to the views expressed in responses to the consultation.
(5) For the purposes of this regulation, “comparable container”, in relation to a deposit item, means a container which can be returned under another deposit scheme or a Scottish deposit and return scheme and is—
(a) made wholly or mainly from the same in-scope material as the container from the deposit item,
(b) of the same size as the container from the deposit item, and
(c) supplied in a multipack, if the deposit item is supplied in a multipack.
(1) The deposit management organisation—
(a) must retain the amounts paid to it by registered scheme producers under regulation 22, and
(b) must use those amounts to meet the cost of refunds for returnable items under regulation 43(2).
(2) If any amount remains after the costs mentioned in paragraph (1)(b) have been paid, the deposit management organisation must use such of that amount towards any of the NEA costs which have not otherwise been met.
(3) If any amount remains after the payments referred to in paragraph (2) have been made, the deposit management organisation may use that remaining amount for the purpose of meeting the costs of exercising any of the deposit management organisation’s functions under or in connection with the Scheme.
(1) The deposit management organisation may, for each scheme year, charge any scheme producer that is registered with it under regulation 11 during all or part of that scheme year, a fee.
(2) The fee charged under paragraph (1) (the “registration fee”) may be used for the purposes of meeting any or all of the following costs—
(a) the NEA costs, and
(b) the costs incurred by the deposit management organisation in exercising its functions under or in connection with the Scheme.
(3) The amount of the registration fee payable by a scheme producer is the aggregate of the following amounts—
(a) the producer amount for containers made wholly or mainly from polyethylene terephthalate (PET) plastic (if any),
(b) the producer amount for containers made wholly or mainly from steel (if any), and
(c) the producer amount for containers made wholly or mainly from aluminium (if any).
(4) The producer amount for containers made wholly or mainly from each type of in-scope material must be calculated as follows (and may be £0)—
A
×
B
where—
“A” is the fee for the relevant scheme year for a container made wholly or mainly from the particular in-scope material (the “per container fee”), and
“B” is the total number of containers made wholly or mainly from that in-scope material which the deposit management organisation expects the relevant scheme producer to supply to scheme consumers in the relevant scheme year.
(5) The per container fee for a container made wholly or mainly from a particular in-scope material—
(a) must be the same for all registered scheme producers, and
(b) may be £0.
(6) The deposit management organisation must, for the purposes of determining the registration fee, have regard to the likely value, or if known the actual value, of each type of in-scope material which the deposit management organisation expects to be recycled from all of the refund items which are collected by, or returned, to the deposit management organisation in the relevant scheme year.
(7) The per container fee for one in-scope material must not subsidise any of the relevant costs from any other in-scope material.
(8) For the purposes of paragraph (7), “the relevant costs” for an in-scope material are the costs which the deposit management organisation expects to incur in the exercise of its functions under, or in connection with, the Scheme in relation to the collection, processing and recycling of refund items made wholly or mainly from that material.
(9) The deposit management organisation must—
(a) keep the registration fee under review;
(b) carry out a full review of the operation of the registration fee at least every 12 months, and
(c) publish the registration fee in such manner as it considers appropriate to bring it to the attention of scheme producers.
(10) Before determining, or re-determining, the registration fee, the deposit management organisation must consult—
(a) scheme producers, and
(b) such other persons (if any) as the deposit management organisation considers appropriate,
and have regard to the views expressed in responses to the consultation.
(11) The deposit management organisation may require the registration fee to be payable at times or intervals and by means specified by the deposit management organisation.
(12) The deposit management organisation may make different payment arrangements for different cases or circumstances and in particular—
(a) must ensure that any registration fee charged to a scheme producer in accordance with paragraph (1) does not include a fee in respect of a container from a container drink which is a registered low volume product during the scheme year concerned;
(b) may make arrangements for registration fees to be reduced, waived or refunded (whether in whole or in part).
(1) If the deposit management organisation charges registration fees only for the purposes of meeting any or all of the NEA costs, it must pay such amounts of the registration fees that it receives to the appropriate national enforcement authority for the purposes of meeting the relevant NEA costs.
(2) If the deposit management organisation charges registration fees for the purposes of meeting any or all of the NEA costs and any or all of its own costs, the deposit management organisation—
(a) must pay such amount of the registration fees that it receives as are necessary to meet the relevant NEA costs, and
(b) if any amount remains, may use that amount to meet the costs of carrying out its functions under or in connection with the Scheme.
(3) If the deposit management organisation charges registration fees only for the purposes of meeting any or all of its own costs, the deposit management organisation must use the registration fees that it receives for the purposes of meeting those costs.
(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.
66 Collection etc. of returnable items from scheme collectors and retailers and connected payment
(1) The deposit management organisation must—
(a) collect all of the returnable items accepted by the return point operators from those operators;
(b) collect all of the refund items from on-sale premises and mixed retail premises;
(c) collect, or accept the return of, all of the returnable items accepted by take-back service providers.
(2) The deposit management organisation must pay each scheme retailer from whom it collects any refund items an amount equal to the total of the amount of refunds paid by the scheme retailer in respect of the collected refund items.
(3) The deposit management organisation must pay each scheme collector from whom it collects, or accepts, returnable items—
(a) the relevant return amount for each returnable item that it collects or accepts from the scheme collector, and
(b) if the scheme collector is a return point operator, the handling payment.
(4) The deposit management organisation must make any payment required under paragraph (2) or (3)(a)—
(a) at such intervals, and
(b) in such manner,
as are determined in accordance with its operational plan.
(1) The deposit management organisation must provide for a payment (a “handling payment”) to be paid by the deposit management organisation to each return point operator, other than the deposit management organisation itself.
(2) The deposit management organisation must determine the amount of the handling payment having regard to all relevant factors including—
(a) costs of purchasing or leasing any machinery, equipment or materials required for the collection or storage (or both) of returnable items;
(b) costs of staff time dedicated to the collection or storage (or both) of returnable items;
(c) rental value of the floor space or any other part of any premises used solely for the collection or storage (or both) of returnable items.
(3) The deposit management organisation may determine that the amount of the handling payment be different in different cases.
(4) Before determining the amount of the handling payment under paragraph (2), the deposit management organisation must consult—
(a) the Environment Agency,
(b) DAERA,
(c) return point operators or persons representing return point operators, and
(d) such other persons (if any) as the deposit management organisation considers appropriate,
and have regard to the views expressed in responses to the consultation.
(5) A determination of the amount of the handling payment under paragraph (2) shall have effect for a period no longer than three years from the date of that determination.
(6) The deposit management organisation—
(a) may make a further determination under paragraph (2) of the amount of the handling payment at any time, and
(b) must make a further determination under paragraph (2) to take effect at the end of the period of three years from the date of the previous determination.
68 Recycling of in-scope material from returned refund items
(1) The deposit management organisation must make arrangements for the recycling of the in-scope material from which returned items are made.
(2) The arrangements made for the purposes of paragraph (1) must include provision conferring a right of first refusal, for each specified period, on registered scheme producers.
(3) A right of first refusal is a right to purchase the appropriate quantity (if any) of each type of in-scope material that has been recovered from returned items (a “recovered material”) during the relevant specified period for such consideration as represents the market value of that in-scope material.
(4) For the purposes of paragraph (3)—
(a) the “appropriate quantity” of a recovered material is an amount which does not exceed the relevant proportion of that recovered material;
(b) “market value” means the price at which the in-scope material would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts.
(5) The relevant proportion of a recovered material is to be calculated as follows—
S
P
A
/
T
P
A
where—
“SPA” is the number of deposit items with containers made wholly or mainly from the recovered material and supplied by the registered scheme producer during the specified period;
“TPA” is the total number of deposit items with containers made wholly or mainly from the recovered material and supplied by all registered scheme producers during the specified period.
(6) In this regulation—
“returned items” means the refund items collected or accepted by the deposit management organisation under or in accordance with regulation 43 or 66;
“specified period” means the period specified in arrangements made under paragraph (1).
69 Recycling of in-scope material from other returned items
(1) The deposit management organisation must make arrangements with the relevant administrator for the recycling of, or facilitating the recycling of, the in-scope material from which relevant returned items are made.
(2) The arrangements made for the purposes of paragraph (1) may be solely to return the relevant returned items to the relevant administrator.
(3) In this regulation—
“relevant administrator” means—
an overseas scheme administrator,
a Scottish deposit administrator, or
a Welsh scheme administrator;
“relevant returned item”—
in relation to an overseas scheme administrator, means an overseas scheme item that—
is subject to the specified overseas scheme in relation to which the administrator exercises functions, and
has been collected or accepted by the deposit management organisation under or in accordance with regulation 43 or 66;
in relation to a Scottish deposit administrator, means a Scottish scheme item that—
is subject to the deposit and return scheme in relation to which the Scottish deposit administrator exercises functions, and
has been collected or accepted by the deposit management organisation under or in accordance with regulation 43 or 66;
in relation to a Welsh scheme administrator, means a Welsh scheme item that—
is subject to the Welsh deposit scheme in relation to which the Welsh scheme administrator exercises functions, and
has been collected or accepted by the deposit management organisation under or in accordance with regulation 43 or 66.
70 Amounts received in connection with arrangements made under regulation 68 or 69
(1) The deposit management organisation may retain any amount that it receives in connection with the arrangements made under regulation 68 or 69.
(2) The deposit management organisation—
(a) must use any amount retained under paragraph (1) to meet any NEA costs that have not otherwise been met;
(b) may, if any amount remains, use that amount to meet the costs of carrying out its functions under or in connection with the Scheme.
71 Amounts to be paid to the national enforcement authorities
The deposit management organisation must make any payment required to be made to a national enforcement authority under this Part by such means or in such manner and at such intervals as are agreed with the national enforcement authority.
(1) The deposit management organisation must—
(a) supply returns data to its registered scheme producers;
(b) inform each registered scheme producer, in such manner and at such intervals as the deposit management organisation considers appropriate, of how many of each of the scheme producer’s deposit items were returned to the deposit management organisation and in respect of which deposits were refunded, within a particular time period, and
(c) make available the returns data to the national enforcement authorities.
(2) In this regulation “returns data” means—
(a) information that enables registered scheme producers to determine the number of containers returned or not returned under the Scheme, including the proportion of returns by product;
(b) information about deposits that are unredeemed;
(c) information relating to the locations of returns, and
(d) information about returns received by the deposit management organisation from other scheme administrators.
(1) The deposit management organisation must enter into and maintain arrangements with each national enforcement authority for securing co-operation and the exchange of information for the carrying out of any of the national enforcement authority’s functions other than any relevant enforcement function.
(2) The deposit management organisation and the national enforcement authority must—
(a) review the arrangements from time to time, and
(b) revise them when they consider it appropriate to do so.
(3) In these Regulations “relevant enforcement function” means a function of a national enforcement authority under Part 9 in respect of any act or omission by the deposit management organisation.
(1) The deposit management organisation may—
(a) where it considers it appropriate to do so for the efficient and effective performance of the Scheme or any of its functions under the Scheme, co-operate or work jointly with a specified administrator;
(b) provide advice or assistance to a specified administrator for the purposes of, or in connection with, the functions of the specified administrator under a deposit scheme, a Scottish deposit and return scheme or an overseas scheme.
(2) Such arrangements may, for example, include—
(a) arrangements intended to simplify registration procedures for producers and importers who supply drinks in the scheme area and in other parts of the United Kingdom;
(b) arrangements intended to simplify the process of returning returnable items for the final user or consumer;
(c) arrangements for the recycling, or to facilitate the recycling of, any in-scope material recovered from—
(i) refund items returned through a Welsh deposit scheme or a Scottish deposit and return scheme;
(ii) overseas scheme items.
(3) In this regulation “specified administrator” means—
(a) a Welsh scheme administrator, or
(b) a Scottish deposit administrator, or
(c) a person having functions equivalent to those of a scheme administrator under an overseas scheme.
(1) The deposit management organisation may make payments to a specified administrator in connection with the operation of the Scheme or a specified scheme, including, but not limited to, payments equal to the total of any refunds paid by the specified administrator in respect of refund items returned through the specified scheme.
(2) In this regulation—
“specified administrator” means—
a Welsh scheme administrator, or
a Scottish deposit administrator;
“specified scheme” means—
a Welsh deposit scheme, or
a Scottish deposit and return scheme.
76 Internal review of decisions made by the deposit management organisation
(1) This regulation applies if—
(a) the deposit management organisation makes a relevant decision, and
(b) within a period of 28 days beginning with the date on which the affected person receives notice of the decision, or such longer period as the deposit management organisation may specify under regulation 77(1)(a), the affected person applies to the deposit management organisation for review of the decision.
(2) In the table contained in this regulation—
(a) each decision mentioned in column 1 of the table in this regulation is a “relevant decision”, and
(b) a person is an “affected person” in relation to such a decision if they are mentioned in the corresponding entry in column 2 of the table.
(3) The deposit management organisation must carry out a review of the relevant decision in accordance with regulation 77.
(4) On conclusion of the review of a relevant decision, the deposit management organisation must—
(a) confirm the decision (whether on the same or different grounds),
(b) make such changes to the decision as the deposit management organisation considers appropriate, or
(c) revoke the decision.
(5) The deposit management organisation must notify the affected person of the decision on the review as soon as reasonably practicable after the decision is taken.
Column 1: Decision | Column 2: Affected Person
Decision to refuse a person’s application to register a low volume line under regulation 18 | the person making the application
Decision to cancel a product’s registration as a low volume line under regulation 19 | the registered scheme producer for that product
Decision as to the amount of a registration fee payable by a scheme producer under regulation 63 | the registered scheme producer
Decision as to the amount of the handling payment payable to a return point operator under regulation 67 | the return point operator
Decision to cancel a person’s registration as a registered scheme producer under Schedule 1, paragraph 6 | the person whose registration is cancelled
Decision to cancel a scheme retailer’s registration as a mandatory return point operator under Schedule 2, paragraph 4 | the scheme retailer
Decision to refuse an application for a return point exemption under Schedule 3, paragraph 3 | the person making the application
Decision to refuse to renew a return point exemption under Schedule 3, paragraph 6 | the person making the application
Decision to revoke a return point exemption under Schedule 3, paragraph 9 | the person making the application
Decision to refuse a person’s application for authorisation to operate a return point under Schedule 4, paragraph 3 | the person making the application
Decision to refuse a person’s application for registration as a take-back service provider under Schedule 4, paragraph 6 | the person making the application
Decision to revoke a person’s authorisation to operate a return point under Schedule 4, paragraph 10 | the person whose authorisation is revoked
Decision to revoke a person’s authorisation as a take-back service provider under Schedule 4, paragraph 10 | the person whose authorisation is revoked
(1) The deposit management organisation may specify the procedure for the internal review (“review”) of a relevant decision and, in particular, may—
(a) set out the circumstances in which the deposit management organisation may accept an application after the end of the period specified in regulation 76(1)(b);
(b) specify the form and manner in which an application for review is to be made;
(c) specify the information which an application for review must contain and any documentation which must accompany such an application;
(d) enable the deposit management organisation to request such further information or documentation as is reasonably required for it to complete a review of the relevant decision, and specify—
(i) the form and manner in which such further information or documentation is to be provided;
(ii) the period within which such further information or documentation is to be provided;
(e) include provision to allow the deposit management organisation to disregard any information or documentation not provided in the specified form or manner, or within the specified period.
(2) The deposit management organisation must not require the payment of any fee in connection with an application for a review.
(3) In this regulation “relevant decision” has the meaning given in regulation 76(2).
78 Status of certain decisions pending outcome of internal review
(1) This regulation applies where an affected person applies for an internal review (“review”) of a relevant decision.
(2) The effect of the relevant decision is suspended during the period—
(a) beginning with the day on which the application for the review is made, and
(b) ending with the end of the day on which the person is notified of the deposit management organisation’s decision on that application in accordance with regulation 76(5).
(3) In this regulation “affected person” and “relevant decision” have the meanings given in regulation 76(2).
79 Revocation of a person’s appointment as the deposit management organisation
Parts 3 and 4 of Schedule 5 contain provisions about the revocation of a person’s appointment as the deposit management organisation and related matters.