Delegated Powers and Law Reform Committee

Meeting date: Tuesday, October 29, 2019

Official Report 465KB pdf

Drafts Laid for Consultation

Deposit and Return Scheme for Scotland Regulations 2020 (SG/2019/164)

Deposit and Return Scheme for Scotland Regulations 2020—Accompanying Statement (SG/2019/165)

Agenda item 4 is consideration of the proposed draft Deposit and Return Scheme for Scotland Regulations 2020 (SG/2019/164), the purpose of which is to establish a deposit and return scheme for drinks containers.

Several errors have been identified in the proposed draft regulations. Regulation 9 provides that the Scottish Environment Protection Agency must consider any representations that are made by a “scheme administrator” before a producer’s registration may be cancelled. In addition, it should provide that SEPA must consider any representations that are made by producers themselves, as well as those that are made by scheme administrators on producers’ behalf.

Regulations 14(1), 15(1)(a) and 15(5) make reference to a “scheme administrator” applying for approval when they should instead refer to an “applicant” applying for approval. The definition of “scheme administrator” also means that the reference to “approved scheme administrators” in regulations 15(4) and 16 should not include the word “approved” as, by definition, “scheme administrators” are approved.

There is also an error in regulation 27(8), which mistakenly refers to paragraph (7), rather than to paragraph (6).

The Scottish Government has acknowledged those errors and has undertaken to correct them when the draft regulations are laid.

Does the committee wish to draw the proposed draft regulations to the attention of Parliament under the general reporting ground because of the errors that have been identified?

Members indicated agreement.

Secondly, does the committee wish to welcome the Scottish Government’s undertaking to correct the errors?

Members indicated agreement.