UK Statutory Instrument SI 2025 United Kingdom

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

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Prosecution 2 of 103 obligations carry an unlimited fine. 101 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person19 Distributor13 Manufacturer10 Operator4 Trader2

Plus 55 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Distributor — also bound by 182 other Acts
Manufacturer — also bound by 502 other Acts
Operator — also bound by 746 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.011 Requirement for scheme producers to be registered to supply SP container drinks Regulated
  • Register with deposit management organisation before supplying SP container drinksManufacturer
s.012 Register of registered scheme producers Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must publish and maintain register of registered scheme producersStatutory regulator
s.013 Requirement for registered scheme producers to keep records about supply of SP container drinks Regulated
  • Keep records of each SP container drink supplied and retain for 7 yearsManufacturer
s.014 Deposit management organisation: power to obtain information from registered scheme producers Regulated
  • Comply with deposit management organisation's information requestsManufacturer
s.016 Persons ceasing to be registered scheme producers: continuing duties and requirements to record and provide information. Regulated
  • Fulfil continuing duties after scheme producer registration cancellationManufacturer
s.017 Persons ceasing to be registered scheme producers: updating of the SP register Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must update the SP register when a producer leavesStatutory regulator
s.018 Registration of a product line as a “low volume line” Regulated
  • Apply to register a low‑volume product line with the deposit management organisationManufacturer
s.019 Cancellation of registration of a product line as a “low volume line” Regulated
  • Notify the deposit management organisation if your low‑volume product line exceeds the size thresholdManufacturer
s.020 Registration of a product line as a “low volume line”: updates to the SP register Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must update SP register for low-volume line changesStatutory regulator
s.021 Producer registration fees Regulated
  • Pay registration fees to deposit management organisationManufacturer
s.022 Deposits Regulated
  • Pay deposits for each drinks container you supplyManufacturer
s.023 Prohibition on supply of drinks produced etc. by a scheme producer who is not registered with the deposit management organisation Regulated
  • Do not supply deposit items from unregistered producersDistributor
s.024 Labelling of deposit items and scheme multipacks Regulated
  • Ensure your deposit items and multipacks carry the required logos and barcodesDistributor
s.025 Labelling of registered low volume products Regulated
  • Do not supply low volume products carrying deposit scheme logosDistributor
s.026 Duty to display information about the Scheme Regulated
  • Display deposit scheme information to customersDistributor
s.027 Duty to display information about registered low volume products Regulated
  • Display low volume product information to customersAny Person
s.028 Requirement to charge a deposit Regulated
  • Charge a deposit on each deposit item supplied to customersDistributor
s.029 Duty to display information at or on opted-out premises Regulated
  • Display opt-out information clearly at opted-out premisesDistributor
s.030 Deposit management organisation: power to obtain information from scheme suppliers Regulated
  • Provide information requested by the deposit management organisationDistributor
s.031 Direction specifying an overseas scheme for the purposes of these Regulations Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must specify overseas schemes via written directionStatutory regulator
s.032 Determination of overseas refund amount Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must determine, consult on and publish overseas refund amountsStatutory regulator
s.033 The amount of the additional scheme refund: supplementary provisions Regulated
  • Deposit management organisation must set overseas refund amounts fairlyAny Person
s.034 Requirement for in-scope retailers to operate a return point at, on or from MRP premises Regulated
  • Operate a return point for drinks containers at your retail premisesDistributor
s.036 Requirement for groceries retailers to provide information at or on retail premises without a return point Regulated
  • Display information if your shop has no return pointDistributor
s.040 Information to be provided at a return point Regulated
  • Display refund point information for customersOperator
s.042 Information about take-back services Regulated
  • Provide clear take-back service information to customersOperator
s.043 Collection or acceptance of returnable items by the deposit management organisation Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must pay return amount for each accepted itemStatutory regulator
s.044 Register of return point operators and deposit management organisation return points Regulated
Other duties (1) — Crown / regulator
  • Keep a public register of return point operators and DMO return pointsStatutory regulator
s.045 The register of return point exemptions Regulated
  • Maintain a public register of return point exemptionsAny Person
s.046 The register of take-back service providers Regulated
  • Keep and maintain a register of take-back service providersAny Person
s.047 Form of return amount Regulated
  • Offer cash or voucher refund for returned drinks containersDistributor
s.048 Requirement for return point operators to retain returnable items Regulated
  • Retain returnable items accepted at your return point until collected by DMOOperator
s.049 Requirement for take-back service providers to retain or return returnable items Regulated
  • Handle returnable items by retaining for collection or returning to DMOOperator
s.051 Conditions Regulated
  • Deposit management organisation must comply with Secretary of State's conditionsAny Person
s.052 Operational plan Regulated
  • Manage and follow the deposit scheme operational planAny Person
s.053 Annual reports Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must submit annual report on operational plan complianceCrown / Minister / Government department
s.054 Reserve fund Regulated
  • Establish and maintain a reserve fund for the drinks container deposit schemeAny Person
s.055 Scheme logo and scheme packaging logo Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must issue and manage scheme logosStatutory regulator
s.056 Publication of scheme logo and scheme packaging logo Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must publish scheme logos for suppliers and consumersStatutory regulator
s.057 Scheme return code Regulated
Other duties (1) — Crown / regulator
  • Deposit Management Organisation must set and notify scheme return code rulesStatutory regulator
s.058 Agreement on a common scheme logo, scheme packaging logo, and scheme return code Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must agree common scheme logo and return code with other administratorsStatutory regulator
s.059 Requirement to determine the amount of the deposit Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must set and publish deposit levelsStatutory regulator
s.060 Determination of revised deposit level Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must publish notice of revised deposit level with 3-month lead timeStatutory regulator
s.061 The amount of the deposit: supplementary provisions Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must consult before setting deposit levelsStatutory regulator
s.062 Use of amounts received as deposits Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must ring-fence deposits for refundsStatutory regulator
s.063 Registration fees for scheme producers Regulated
Other duties (1) — Crown / regulator
  • Deposit Management Organisation must charge registration fees, consult producers, and review fees annuallyStatutory regulator
s.064 Use of registration fees Regulated
  • Use registration fees only for intended purposes and pay NEA shareAny Person
s.065 Review of operation of return points Regulated
Other duties (1) — Crown / regulator
  • Deposit Management Organisation must review return points regularlyStatutory regulator
s.066 Collection etc. of returnable items from scheme collectors and retailers and connected payment Regulated
  • Collect returnable items and pay collectors and retailers under the deposit schemeAny Person
s.067 The handling payment Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must pay handling payments to return pointsStatutory regulator
s.068 Recycling of in-scope material from returned refund items Regulated
  • Deposit management organisation must arrange recycling and offer right of first refusal to registered producersAny Person
s.069 Recycling of in-scope material from other returned items Regulated
  • Make recycling arrangements with relevant administrators for returned itemsAny Person
s.070 Amounts received in connection with arrangements made under regulation 68 or 69 Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must use retained recycling income for NEA costs firstStatutory regulator
s.071 Amounts to be paid to the national enforcement authorities Regulated
  • Deposit management organisation must make payments to national enforcement authorities as agreedAny Person
s.072 Information about returns data Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must supply returns data to producers and enforcement authoritiesStatutory regulator
s.073 Co-operation Regulated
  • Maintain co-operation and information-sharing arrangements with enforcement authoritiesAny Person
s.076 Internal review of decisions made by the deposit management organisation Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must review decisions on requestStatutory regulator
s.077 Internal review: procedure Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must set internal review procedure and not charge a feeStatutory regulator
s.081 Collection targets: the deposit management organisation Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must meet annual collection targets for drinks containersStatutory regulator
s.085 Information Regulated
  • Provide information when a scheme authority demands itAny Person
s.086 Obstructing an authorised person Prosecution
  • Obstruct or fail to assist an enforcement officerAny Person

Unlimited fine

s.087 Failure to comply with civil sanction Prosecution
  • Fail to comply with a civil sanction under the deposit schemeAny Person

Unlimited fine

s.094 Publication of enforcement action in public register Regulated
Other duties (1) — Crown / regulator
  • National enforcement authority must maintain public register of enforcement actionsStatutory regulator
s.095 Spent convictions of individuals Regulated
Other duties (1) — Crown / regulator
  • National enforcement authorities must remove spent convictions from public registerStatutory regulator
s.100 Determination of appeals Regulated
Other duties (1) — Crown / regulator
  • Decision maker must comply with appeal body's directions and determinationStatutory regulator
s.101 Operational plans Regulated
Other duties (1) — Crown / regulator
  • National enforcement authorities must consult on and approve operational plan revisionsStatutory regulator
s.102 Enforcement Regulated
Other duties (1) — Crown / regulator
  • National enforcement authorities must take enforcement action under Part 9Statutory regulator
s.103 Co-operation with deposit management organisations Regulated
Other duties (1) — Crown / regulator
  • National enforcement authorities must cooperate with deposit management organisationsStatutory regulator
s.104 Annual reports from deposit management organisations Regulated
Other duties (1) — Crown / regulator
  • National enforcement authorities must review annual reports and may request further informationStatutory regulator
s.105 Monitoring functions Regulated
Other duties (1) — Crown / regulator
  • National enforcement authorities must monitor deposit scheme complianceStatutory regulator
s.106 Monitoring reports Regulated
Other duties (1) — Crown / regulator
  • National enforcement authorities must publish monitoring plans and annual reportsStatutory regulator
s.107 Appeals Regulated
Other duties (1) — Crown / regulator
  • National enforcement authority must comply with appeal body directionsStatutory regulator
36 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Extent and application
s.003 Meaning of “drink”
s.004 Meaning of “deposit item”, “scheme producer”, “scheme retailer”, “scheme supplier”, “supply” and related matters
s.005 Meaning of “established in the United Kingdom”
s.006 Meaning of “established in the Republic of Ireland”
s.007 The refund
s.008 General interpretation
s.009 Establishment of Deposit Scheme for Drinks Containers in England and Northern Ireland
s.010 Circumstances in which a person is not entitled to a relevant amount for a returnable item
s.015 Persons ceasing to be registered scheme producers: cancellation of registration
s.035 Exemption for small groceries retailers in urban areas
s.037 Interpretation
s.038 Voluntary return points
s.039 Operation of return points by the deposit management organisation
s.041 Provision of take-back services
s.050 The deposit management organisation
s.074 Co-operation and joint working
s.075 Payments to other scheme administrators
s.078 Status of certain decisions pending outcome of internal review
s.079 Revocation of a person’s appointment as the deposit management organisation
s.080 Interim scheme administrator
s.082 Interpretation of Part 9
s.083 Enforcement powers: England
s.084 Enforcement powers: Northern Ireland
s.088 Liability of directors etc.
s.089 Interpretation
s.090 Civil sanctions: introductory
s.091 Enforcement cost recovery notices
s.092 Penalties and costs received under this Part
s.093 Withdrawing or amending a notice
s.096 Interpretation of Part 10
s.097 Right of appeal
s.098 Procedure on appeal
s.099 Status pending appeal: decision to revoke a person’s appointment as the deposit management organisation
s.108 Review
Schedules

Schedules

31 of 66 shown
s.sch001 Registration application Regulated
  • Register as a scheme producer with the deposit management organisationManufacturer
s.sch001 Decision on registration application Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must decide registration applications by Oct 2027Statutory regulator
s.sch001 Requirement to notify the deposit management organisation of changes in registration information Regulated
  • Notify deposit management organisation of changes to registration informationManufacturer
s.sch001 Cancellation of registration on the request of the registered person Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must cancel registration when you askStatutory regulator
s.sch001 Deposit management organisation’s power to cancel registration Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must follow due process when cancelling registrationStatutory regulator
s.sch002 Application for registration Regulated
  • Register with the deposit management organisation by 1 October 2027Distributor
s.sch002 Application for registration: decision Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must register and notify in-scope retailersStatutory regulator
s.sch002 Cancellation of registration Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must cancel registrations under specified conditions and follow due processStatutory regulator
s.sch003 Applications for return point exemptions Regulated
  • Apply for a return point exemption from the deposit management organisationDistributor
s.sch003 Decision on applications for return point exemptions Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must decide exemption applications within a reasonable timeStatutory regulator
s.sch003 Duration, and renewal, of a return point exemption Regulated
  • Apply to renew your return point exemption before it expiresTrader
s.sch003 Duty to notify the deposit management organisation of a relevant change of circumstances Regulated
  • Notify the deposit management organisation of relevant changes within 28 daysTrader
s.sch003 Revocation of a return point exemption at the request of the exemption holder Regulated
  • Request revocation of your return point exemptionAny Person
s.sch003 Revocation of a return point exemption on initiative of the deposit management organisation Regulated
Other duties (1) — Crown / regulator
  • DMO must follow due process when revoking a return point exemptionStatutory regulator
s.sch004 Revocation of authorisation on initiative of the deposit management organisation Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must follow fair revocation procedureStatutory regulator
s.sch004 Decision on application Regulated
Other duties (1) — Crown / regulator
  • Deposit management organisation must decide authorisation applications and notify applicantsStatutory regulator
s.sch004 Decision on application Regulated
Other duties (1) — Crown / regulator
  • Deposit Management Organisation must decide on applications and notify applicantsStatutory regulator
s.sch004 Duty to notify the deposit management organisation of a change in the applicant information, return point authorisation information or take-back service authorisation information Regulated
  • Notify the deposit management organisation of changes to your authorisation detailsDistributor
s.sch004 Revocation of authorisation on request Regulated
Other duties (1) — Crown / regulator
  • Revoke return point and take-back service authorisations on request and notifyStatutory regulator
s.sch005 Revocation of a person’s appointment as the deposit management organisation: on notice Regulated
  • Notify Secretary of State to resign as deposit management organisationAny Person
s.sch005 Revocation of a person’s appointment as the deposit management organisation: discretion of the Secretary of State Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must follow due process when revoking a DMO appointmentCrown / Minister / Government department
s.sch006 Contents of final notice Regulated
Other duties (1) — Crown / regulator
  • Regulator must include specific information in penalty final noticeStatutory regulator
s.sch006 Issue of a compliance notice Regulated
Other duties (1) — Crown / regulator
  • Enforcement authority must satisfy conditions before issuing a compliance noticeStatutory regulator
s.sch006 Contents of an enforcement undertaking Regulated
  • Ensure your enforcement undertaking contains all required detailsAny Person
s.sch006 Effect of acceptance of an enforcement undertaking Regulated
Other duties (1) — Crown / regulator
  • Enforcement authority must not impose other civil sanctions after accepting an undertakingStatutory regulator
s.sch006 Publication of enforcement undertakings Regulated
Other duties (1) — Crown / regulator
  • Enforcement authorities must publish accepted enforcement undertakingsStatutory regulator
s.sch006 Discharge of an enforcement undertaking Regulated
Other duties (1) — Crown / regulator
  • Enforcement authority must issue discharge certificate when undertaking complied withStatutory regulator
s.sch006 Partial compliance with an enforcement undertaking Regulated
Other duties (1) — Crown / regulator
  • Enforcement authority must consider partial compliance when imposing other sanctionsStatutory regulator
s.sch006 Final notice of decision to impose an FMP Regulated
Other duties (1) — Crown / regulator
  • Enforcement authority must serve final notice with payment details and appeal rightsStatutory regulator
s.sch006 Power to impose a VMP Regulated
Other duties (1) — Crown / regulator
  • Enforcement authority must follow rules when imposing a Variable Monetary PenaltyLocal authority
s.sch007 Appeal to the appeals commission: decision on appeal Regulated
Other duties (1) — Crown / regulator
  • Appeals commission must notify appellant of decision and send reasonsTribunal / Court
35 other schedules
s.sch001 Interpretation of Part 1
s.sch002 Interpretation
s.sch003 Interpretation of Schedule 3
s.sch003 Effect of making an application for a return point exemption: applications ongoing on 1st October 2027
s.sch003 Effect of making an application for a return point exemption: person becoming an in-scope retailer on or after 1st October 2027
s.sch004 Interpretation of Schedule 4
s.sch004 Application for authorisation to operate a return point at or on any in-scope premises
s.sch004 Duration of a person’s authorisation to operate a return point
s.sch004 Authorisation of a scheme retailer as a take-back service provider
s.sch004 Duration of a scheme retailer’s authorisation as a take-back service provider
s.sch005 Interpretation of Schedule 5
s.sch005 Decision on DMO appointment applications
s.sch005 Transfer of assets etc.
s.sch005 Transitional provision in connection with paragraph 5
s.sch005 Continuity in exercise of deposit management organisation functions
s.sch005 Right of appeal
s.sch006 Interpretation of Schedule 6
s.sch006 Representations and objections
s.sch006 Service of final notice
s.sch006 Appeal against a final notice
s.sch006 Contents of a compliance notice
s.sch006 Appeal against a compliance notice
s.sch006 Power to accept an enforcement undertaking and related matters
s.sch006 Power to impose an FMP
s.sch006 Rights of appeal
s.sch006 Inaccurate, incomplete or misleading information
s.sch006 Notice of intention to impose an FMP
s.sch006 Making representations and objections
s.sch006 Appeal
s.sch006 Non-payment after 56 days
s.sch006 Notice of intention to issue a VMP
s.sch007 Application
s.sch007 Appeal to the First-tier Tribunal
s.sch007 Appeal to the appeals commission: notice of appeal
s.sch007 Appeal to the appeals commission: time for bringing appeal

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