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

Part 1Introductory

1Citation and commencement

2Extent and application

Part 2Interpretation

3Meaning of “drink”

4Meaning of “deposit item”, “scheme producer”, “scheme retailer”, “scheme supplier”, “supply” and related matters

5Meaning of “established in the United Kingdom”

6Meaning of “established in the Republic of Ireland”

8General interpretation

Part 3Establishment of a Deposit Scheme for Drinks Containers

9Establishment of Deposit Scheme for Drinks Containers in England and Northern Ireland

10Circumstances in which a person is not entitled to a relevant amount for a returnable item

Part 4Scheme producers

Chapter 1Registration, information and related matters

11Requirement for scheme producers to be registered to supply SP container drinks

12Register of registered scheme producers

13Requirement for registered scheme producers to keep records about supply of SP container drinks

14Deposit management organisation: power to obtain information from registered scheme producers

15Persons ceasing to be registered scheme producers: cancellation of registration

16Persons ceasing to be registered scheme producers: continuing duties and requirements to record and provide information.

17Persons ceasing to be registered scheme producers: updating of the SP register

Chapter 2Low volume lines

18Registration of a product line as a “low volume line”

19Cancellation of registration of a product line as a “low volume line”

20Registration of a product line as a “low volume line”: updates to the SP register

Chapter 3Payments to the deposit management organisation

21Producer registration fees

Part 5Scheme suppliers

23Prohibition on supply of drinks produced etc. by a scheme producer who is not registered with the deposit management organisation

24Labelling of deposit items and scheme multipacks

25Labelling of registered low volume products

26Duty to display information about the Scheme

27Duty to display information about registered low volume products

28Requirement to charge a deposit

29Duty to display information at or on opted-out premises

30Deposit management organisation: power to obtain information from scheme suppliers

Part 6Return of returnable items

Chapter 1Items subject to overseas schemes

31Direction specifying an overseas scheme for the purposes of these Regulations

32Determination of overseas refund amount

33The amount of the additional scheme refund: supplementary provisions

Chapter 2Mandatory return points

34Requirement for in-scope retailers to operate a return point at, on or from MRP premises

35Exemption for small groceries retailers in urban areas

36Requirement for groceries retailers to provide information at or on retail premises without a return point

Chapter 3Voluntary operation of return points

37Interpretation

38Voluntary return points

39Operation of return points by the deposit management organisation

Chapter 4Information to be provided at return points

40Information to be provided at a return point

Chapter 5Take-back services and deposit management organisation collections

41Provision of take-back services

42Information about take-back services

43Collection or acceptance of returnable items by the deposit management organisation

Chapter 6Register of return point operators, register of deposit management organisation return points, register of return point exemptions and register of take-back service providers

44Register of return point operators and deposit management organisation return points

45The register of return point exemptions

46The register of take-back service providers

Chapter 7General obligations of scheme collectors

47Form of return amount

48Requirement for return point operators to retain returnable items

49Requirement for take-back service providers to retain or return returnable items

Part 7The scheme administrator: the deposit management organisation

Chapter 1Appointment and governance

50The deposit management organisation

52Operational plan

53Annual reports

Chapter 2Scheme logo, scheme packaging logo and scheme return code

55Scheme logo and scheme packaging logo

56Publication of scheme logo and scheme packaging logo

57Scheme return code

58Agreement on a common scheme logo, scheme packaging logo, and scheme return code

Chapter 3The deposit

59Requirement to determine the amount of the deposit

60Determination of revised deposit level

61The amount of the deposit: supplementary provisions

62Use of amounts received as deposits

Chapter 4Fees for registration

63Registration fees for scheme producers

64Use of registration fees

Chapter 5Review of operation of return points and collection etc. of returnable items

65Review of operation of return points

66Collection etc. of returnable items from scheme collectors and retailers and connected payment

67The handling payment

Chapter 6Recycling of in-scope materials

68Recycling of in-scope material from returned refund items

69Recycling of in-scope material from other returned items

70Amounts received in connection with arrangements made under regulation 68 or 69

Chapter 7National enforcement authorities

71Amounts to be paid to the national enforcement authorities

72Information about returns data

Chapter 8Working with other scheme administrators

74Co-operation and joint working

75Payments to other scheme administrators

Chapter 9Review of decisions

76Internal review of decisions made by the deposit management organisation

77Internal review: procedure

78Status of certain decisions pending outcome of internal review

Chapter 10Revocation of a person’s appointment as the deposit management organisation

79Revocation of a person’s appointment as the deposit management organisation

80Interim scheme administrator

81Collection targets: the deposit management organisation

Part 9Enforcement

Chapter 1Interpretation

82Interpretation of Part 9

Chapter 2Enforcement powers

83Enforcement powers: England

84Enforcement powers: Northern Ireland

Chapter 3Offences

86Obstructing an authorised person

87Failure to comply with civil sanction

88Liability of directors etc.

Chapter 4Civil sanctions

89Interpretation

90Civil sanctions: introductory

91Enforcement cost recovery notices

92Penalties and costs received under this Part

93Withdrawing or amending a notice

Chapter 5Public register

94Publication of enforcement action in public register

95Spent convictions of individuals

96Interpretation of Part 10

97Right of appeal

98Procedure on appeal

99Status pending appeal: decision to revoke a person’s appointment as the deposit management organisation

100Determination of appeals

Part 11Functions of the national enforcement authorities

101Operational plans

103Co-operation with deposit management organisations

104Annual reports from deposit management organisations

105Monitoring functions

106Monitoring reports

Schedule 1Scheme producers: registration with the deposit management organisation

Part 1Registration

1Interpretation of Part 1

2Registration application

3Decision on registration application

4Requirement to notify the deposit management organisation of changes in registration information

Part 2Cancellation of registration

5Cancellation of registration on the request of the registered person

6Deposit management organisation’s power to cancel registration

Schedule 2Registration of mandatory return point operators

1Interpretation

2Application for registration

3Application for registration: decision

4Cancellation of registration

Schedule 3Return point exemptions

1Interpretation of Schedule 3

2Applications for return point exemptions

3Decision on applications for return point exemptions

4Effect of making an application for a return point exemption: applications ongoing on 1st October 2027

5Effect of making an application for a return point exemption: person becoming an in-scope retailer on or after 1st October 2027

6Duration, and renewal, of a return point exemption

7Duty to notify the deposit management organisation of a relevant change of circumstances

8Revocation of a return point exemption at the request of the exemption holder

9Revocation of a return point exemption on initiative of the deposit management organisation

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

Part 1Introductory

1Interpretation of Schedule 4

Part 2Application for authorisation to operate a return point

2Application for authorisation to operate a return point at or on any in-scope premises

3Decision on application

4Duration of a person’s authorisation to operate a return point

Part 3Authorisation of a scheme retailer as a take-back service provider

5Authorisation of a scheme retailer as a take-back service provider

6Decision on application

7Duration of a scheme retailer’s authorisation as a take-back service provider

Part 4Information

8Duty to notify the deposit management organisation of a change in the applicant information, return point authorisation information or take-back service authorisation information

Part 5Revocation of authorisation

9Revocation of authorisation on request

10Revocation of authorisation on initiative of the deposit management organisation

Schedule 5Appointment etc. of the deposit management organisation

Part 1Introductory

1Interpretation of Schedule 5

Part 2Appointment of the deposit management organisation

2Decision on DMO appointment applications

Part 3Revocation of a person’s appointment as the deposit management organisation

3Revocation of a person’s appointment as the deposit management organisation: on notice

4Revocation of a person’s appointment as the deposit management organisation: discretion of the Secretary of State

5Transfer of assets etc.

6Transitional provision in connection with paragraph 5

7Continuity in exercise of deposit management organisation functions

Part 4Appeals in connection with Parts 2 and 3

8Right of appeal

Schedule 6Civil Sanctions

Part 1Introductory

1Interpretation of Schedule 6

Part 2The Table of Civil Sanctions

Part 3Fixed monetary penalties

2Power to impose an FMP

3Notice of intention to impose an FMP

4Making representations and objections

5Final notice of decision to impose an FMP

7Non-payment after 56 days

Part 4Variable monetary penalties

8Power to impose a VMP

9Notice of intention to issue a VMP

10Representations and objections

11Service of final notice

12Contents of final notice

13Appeal against a final notice

Part 5Compliance Notices

14Issue of a compliance notice

15Contents of a compliance notice

16Appeal against a compliance notice

Part 6Enforcement undertaking

17Power to accept an enforcement undertaking and related matters

18Contents of an enforcement undertaking

19Effect of acceptance of an enforcement undertaking

20Publication of enforcement undertakings

21Discharge of an enforcement undertaking

22Rights of appeal

23Inaccurate, incomplete or misleading information

24Partial compliance with an enforcement undertaking

Schedule 7Procedure on Appeal

2Appeal to the First-tier Tribunal

3Appeal to the appeals commission: notice of appeal

4Appeal to the appeals commission: time for bringing appeal

5Appeal to the appeals commission: decision on appeal

2025 No. 67

ENVIRONMENTAL PROTECTION, ENGLAND

ENVIRONMENTAL PROTECTION, NORTHERN IRELAND

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

Made23rd January 2025

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 54 and 143(1) of, and Schedule 8 to, the Environment Act 20211 (“the 2021 Act”).

In accordance with section 54(4) of the 2021 Act, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland has consented to the making of these Regulations.

In accordance with sections 54(5) and 143(5)(b) of the 2021 Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.

	
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