Synopsis
These regulations will amend the Deposit and Return Scheme for Scotland Regulations 2020.
The start of the deposit and return scheme will be deferred until 1 October 2027. The scope and rules of the scheme will be modified to bring it into line with the English and Northern Irish system. For example, glass will no longer be within the scheme's scope.
Summary
The draft Deposit and Return Scheme for Scotland Amendment Regulations 2025 will amend the Deposit and Return Scheme for Scotland Regulations 2020 on a forthcoming date, which has yet to be confirmed.
This legislation will apply in Scotland only.
What will change?
The start of the deposit and return scheme (DRS) is deferred until 1 October 2027. The registration of groceries retailers, return point operators and takeback service providers will operate from 1 July 2025. Obligated producers must register by 1 October 2027, or, if after this date, within 28 days of them becoming a producer.
The first relevant year of the scheme will operate from 1 October 2027 to 31 December 2028. Compliance years from 2029 will be each calendar year.
The amendments remove the Scotland-only focus of the regulations, reflecting the introduction of the UK-wide scheme from 1 October 2027 and broadly mirror the associated rules.
Changes to the Scheme Scope
The scheme will now only concern PET plastic, steel or aluminium drinks packaging. The minimum volume of containers subject to the scheme increases to 150 ml from 100 ml. Single-use glass is no longer within the scope of the scheme.
The scheme will be expanded to include all items of returnable drinks packaging that contained a drink or was sold that was subject to any other UK DRS.
Obligations will only apply to packaging first made available to be marketed, offered for sale or sold by the producer on or after 1 October 2027.
Low Volume Drink Products
The definition of ‘low volume drink product’ will be updated to those subject to 6,250 units in the first relevant year (1 October 2027 to 31 December 2028) or 5,000 units in subsequent compliance years.
Low volume drink products may not be supplied if they have a scheme logo, scheme multipack logo or scheme code.
Conditions determining whether a producer is a ‘low volume drink product’ producer are updated: these producers may fill and seal the packaging and supply the product for consumption off the premises, be brand owners or act as the importer of the product.
Mandatory Labelling
Persons marketing, offering for sale or selling scheme articles must ensure these carry the scheme logo and a scheme return code. Scheme multipacks must carry the scheme multipack logo.
General Producer Obligations
General obligations on producers will be updated. This requires further information to be submitted to the scheme administrator, including material changes to the producer and details of the packaging used, including materials and sizes. Details of low volume drink products must also be provided.
Information to be provided as part of a producer registration will be updated.
The scheme administrator must be notified within 28 days if a registered producer has ceased to be a producer.
Payments
Producers must pay registration fees and an equivalent amount for the qualifying deposits at the intervals set by the scheme administrator.
Groceries Retailer Obligations
Unless exempt, groceries retailers will be required to operate return points at retail premises in Scotland. These return points must be registered with the scheme administrator by 1 October 2027 or within 28 days of the person becoming a groceries retailer. Information on the redemption of deposits must be displayed.
The 2025 amendment reduces the scope of the duty to operate return points to groceries retailers only. “Groceries retailer” is defined as a supermarket, a grocery store, a convenience store or a newsagent and which sells groceries
Groceries retailers and/or voluntary return point operators may reject scheme packaging or returnable packaging for a number of reasons. The 2025 amendment authorises further reasons for refusal based on:
Mandatory return point exemptions
Certain groceries retailers are exempt from operating a return point if they meet certain criteria.
Small groceries retailers in urban areas (retail space below 100m2) are exempt from the mandatory return point duty.
Other exemptions from the duty to operate return points concern export shops, sales via vending machines or distance sales. Exemptions may also be granted by the scheme administrator based on the reasonable proximity of alternative points or where the premises do not or cannot permit the operation of a point.
Exempt groceries retailers, distance sellers and vending machine operators must display information on how deposits can be redeemed.
Takeback Service Providers
Persons wishing to operate takeback services will be required to register with the scheme administrator.
Where groceries retailers sell scheme articles online, they will not be required to provide a takeback service.
Scheme Administrator
The 2025 regulations revoke regulations associated with the establishment and operation of the scheme administrator, as this will be defined in the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025.
The draft Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025 appoints the UK Deposit Management Organisation Limited as the scheme administrator. This order also concerns the scheme logo, scheme multipack logo and requirements for scheme return codes. Rules are applied on the registration of producers, return points and takeback service providers.
The scheme administrator will be required to review return points and sets rules for payments to be provided to operators.
The scheme administrator will be required to act in accordance with its approved operational plan, meet minimum collection targets under Schedule 3 and undertake annual reporting.
Collection Targets
The 2025 regulations will apply collection targets to the scheme administrator, rather than producers as was previously intended. The following targets will apply:
Collections by the Scheme Administrator
The scheme administrator will be required to collect all scheme packaging or returnable packaging from return point operators. Scheme packaging must also be collected from hospitality retailers and collected or accepted from takeback service providers. Payments will be made to each operator reflecting the articles collected.
Data on returns will be provided to registered producers.
Background
The Deposit and Return Scheme for Scotland Regulations 2020, as amended, will introduce a DRS for single-use packaging used to supply soft and alcoholic drinks. To place these products on the market, organisations will be required to register with Scheme Administrator.
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