UK Offence Report

c for paragraph (3) substitute— 3 It is an offence for a producer whose registration is cancelled by the…

regulation 28(c) of The Deposit and Return Scheme for Scotland Amendment Regulations 2025

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

c for paragraph (3) substitute—

3 It is an offence for

a producer whose registration is cancelled by the scheme administrator to fail, without reasonable excuse, to comply with regulation 10(4). ,

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a producer
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a producer meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

istration is cancelled by the scheme administrator to fail, without reasonable excuse, to comply with regulation 10(4). ,

What would breach regulation 28(c)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Deposit and Return Scheme for Scotland Amendment Regulations 2025.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
19 June 2025
In force from
20 June 2025
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations amend the Deposit and Return Scheme for Scotland Regulations 2020 (“the 2020 Regulations”) which make provision for the operation of a deposit and return scheme. These Regulations come into force on the day after they are made. Regulation 3 provides for regulations 19, 20 and 21 of the 2020 Regulations to come into force on 1 July 2025 for the purposes only of registration of groceries retailers, return point operators and takeback service providers; it also amends the date in regulation 1(5) of the 2020 Regulations (the date on which parts 2, 7 and 8, and the remaining provisions in Part 5, of the 2020 Regulations come into force) to 1 October 2027. Regulation 4 insert various new definitions and amends some existing definitions in the interpretation provisions in regulation 2(1) of the 2020 Regulations. Regulation 5 amends the definition of scheme article and inserts a definition of returnable packaging into the 2020 Regulations. Regulation 6 amends regulation 3A of the 2020 Regulations to remove the provisions relating to listed producers of low volume drink products; it also omits schedule 5 of the 2020 Regulations. Regulation 7 amends regulation 5 of the 2020 Regulations so that the obligations take effect from 1 October 2027. It also prohibits the sale of scheme articles if they do not carry a scheme logo, scheme multipack logo (if any) and scheme code. Low volume drink products cannot be sold if they carry a scheme logo, scheme multipack logo or scheme code. Regulation 8 inserts into regulation 6 of the 2020 Regulations a definition of a producer in relation to low volume drink products. Regulation 9 amends regulation 7 of the 2020 Regulations to amend the producer registration requirements. A producer must register with the scheme administrator which is designated separately under the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025 (“the Designation Order 2025”). Regulation 10 omits regulations 8 and 9 of the 2020 Regulations. Regulation 11 substitutes regulation 10 of the 2020 Regulations with a new regulation 10 to require producers to comply with certain obligations to inform the scheme administrator of material changes and to collect and maintain records of information specified in the new regulation 10(2) on scheme articles. Regulation 12 substitutes regulation 11 of the 2020 Regulations with a new regulation 11 to require producers to pay to the scheme administrator registration fees and deposits on scheme articles placed on the market. Regulation 13 omits regulation 12 of the 2020 Regulations. Regulation 14 omits regulations 13, 14, 15 and 17, and schedule 2, of the 2020 Regulations relating to the scheme administrator as the scheme administrator is designated under the Designation Order 2025. Regulation 15 imposes new obligations on the scheme administrator in relation to operating in accordance with its approved operational plan, submitting an annual report, meeting collection targets, collecting scheme packaging or returnable packaging and providing information about returns data. Regulation 16 amends regulation 19 of the 2020 Regulations to require groceries retailers to operate a return point. A groceries retailer is exempt from operating a return point if they meet certain criteria. Requirements are placed on any retailers exempt from operating a return point to display information about how deposits are redeemed. Regulation 17 amends regulation 20 of the 2020 Regulations in relation to return point operators. Regulation 18 inserts new regulations 20ZA, 20ZB and 20ZC into the 2020 Regulations to make provision in relation to registration of groceries retailers as return point operators. Regulation 19 amends regulation 20A of the 2020 Regulations in relation to hospitality retailers. Regulation 20 substitutes regulation 21 of the 2020 Regulations with a new regulation 21 to require any person who wishes to operate a takeback service to be registered with the scheme administrator to provide a takeback service to consumers to enable them to return items of scheme packaging, and imposes obligations on such takeback service providers. Regulation 21 substitutes a new regulation 22 on exemptions for groceries retailers from operating return points. Regulation 22 omits regulation 23 of the 2020 Regulations. Regulation 23 amends regulation 24 of the 2020 Regulations in relation to applications for return point exemptions. Regulation 24 amends regulation 25 of the 2020 Regulations on voluntary return point operators. Regulation 25 omits Part 6 of the 2020 Regulations on appeals and reviews as these are now redundant. Regulation 26 makes minor consequential amendments to SEPA’s enforcement powers in regulation 30. Regulation 27 inserts a new regulation 30A in relation to recovery of SEPA’s costs in exercising its enforcement functions under the Regulations and its functions under the Designation Order 2025. Regulation 28 inserts new offences into regulation 31 of the 2020 Regulations in relation to the new obligations contained in regulations 5(3B), 5(3C), 5(3D) and 5(3F), 16(1), (2) and (5), 16A, 16B (1), 19(2), (3) and (4), 20ZA(1), 20A, 21(1), (7) and (9), and 25(1) of the 2020 Regulations (as either inserted or amended by these Regulations). Regulation 29 amends the date by which the 2020 Regulations must be reviewed and removes the requirement that the review should consider the amount of the deposit. Regulation 30 amends schedule 1 in relation to the information registered producers are required to provide to the scheme administrator. Regulation 31 inserts new schedules 1A, 1B and 1C into the 2020 Regulations. Regulation 32 amends schedule 3 of the 2020 Regulations in relation to the collection targets which must be met by the scheme administrator. Regulation 33 inserts a new paragraph into schedule 4 of the 2020 Regulations.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source