The Deposit Scheme for Drinks Containers (Wales) Regulations 2026 / Rheoliadau Cynllun Ernes ar gyfer Cynwysyddion Diodydd (Cymru) 2026

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations are the first to be made by the Welsh Ministers under section 54 of, and Schedule 8 to, the Environment Act 2021 (c. 30) . They establish a deposit scheme in Wales for drinks containers, supporting an increase in reuse and recycling and a reduction in littering and fly-tipping. Closed bottles and cans made from polyethylene terephthalate (‘PET’) plastic, steel, glass or aluminium, which contain between 150ml and 3 litres of liquid, fall within the scope of the deposit scheme.

From 1 October 2027, anyone in Wales who is supplied with a drink in the types of container to which these Regulations apply must pay a deposit to the person who supplies the drink container. A person who returns an empty drink container to a collector will be entitled to a refund. Under the scheme it will also be possible to return and claim a refund for certain empty drink containers which were purchased outside Wales.

Part 1 of the Regulations contains introductory provisions and a transitional provision.

Part 2 contains provisions on interpretation.

Part 3 contains provisions for the establishment of a deposit scheme for drinks containers in Wales. Under the scheme, a person who is supplied with a deposit item pays a deposit, which will be refunded when the item is returned to a scheme collector. This Part also sets out the circumstances in which a person is not entitled to a refund for a returnable item.

Part 4, Chapter 1 contains provisions imposing registration requirements on scheme producers and an obligation on the deposit management organisation to keep a register of registered scheme producers. Registered scheme producers are required to keep records relating to the supply of drinks containers. The deposit management organisation is also given powers to obtain information from registered scheme producers, and powers relating to the cancellation of a scheme producer’s registration. Chapter 2 contains provisions relating to low volume lines. Chapter 3 contains provisions relating to payments by scheme producers to the deposit management organisation. Schedule 1 contains further provision about the registration of scheme producers.

Part 5 contains provisions relating to scheme suppliers, including a prohibition on the supply of relevant drinks containers manufactured, imported or filled by a scheme producer who is not registered, and provisions relating to the labelling of deposit items, scheme multipacks and registered low volume products. Part 5 also contains provisions requiring scheme suppliers to charge a deposit for each deposit item which the scheme supplier supplies to the customer, and to display information about the deposit scheme and registered low volume products. Part 5 also includes powers for the deposit management organisation to obtain information from scheme suppliers.

Part 6 contains provisions relating to the return of returnable items. Chapter 1 of Part 6 contains provisions on items subject to overseas schemes. Chapter 2 contains provisions relating to mandatory return points for drink containers, and Chapter 3 contains provisions relating to voluntary return points. Chapter 4 contains provisions on information to be provided at return points, and Chapter 5 contains provisions on take-back services and on the collection or acceptance of returnable items by the deposit management organisation. Chapter 6 contains provisions on the register of return points, the register of return point exemptions and the register of take-back service providers, and Chapter 7 contains provisions about the general obligations of scheme collectors to offer payment for returnable items and to retain those returnable items for collection. Schedule 2 contains further provision about registration as a mandatory return point operator and Schedule 3 contains further provision about return point exemptions. Schedule 4 contains further provision about authorisations to operate voluntary return points

Part 7 contains provisions relating to the role of the deposit management organisation as scheme administrator. Chapter 1 of Part 7 contains provisions for the appointment and governance of the deposit management organisation, and Chapter 2 contains provisions about the issue and administration arrangements for a scheme logo, scheme packaging logo and scheme return code. Chapter 3 sets out a requirement on the deposit management organisation to publish template documents for the provision of certain types of scheme information. Chapter 4 contains provisions relating to the deposit on deposit items, including determining the amount of the deposit and the use that may be made by the deposit management organisation of amounts received as deposits. Chapter 5 sets out provisions about fees for registration that are payable by scheme producers, and Chapter 6 contains provisions relating to the collection of returnable items, including reviews of the operation of return points. Chapter 7 contains provisions about the recycling of in-scope materials from drink containers and the reuse of deposit items which have been returned. Chapter 8 contains provisions relating to Natural Resources Wales, and Chapter 9 confers powers on the deposit management organisation to work with the other scheme administrators in England and Northern Ireland, Scotland or overseas. Chapter 10 contains provisions relating to the internal review of decisions made by the deposit management organisation. Chapter 11 contains provisions for the revocation of a person’s appointment as the deposit management organisation. Chapter 11 also includes provisions relating to the Welsh Ministers (or another person) acting as interim scheme administrator until a person is appointed as the deposit management organisation. Schedule 5 contains provisions about the appointment of the deposit management organisation and related matters.

Part 8 contains provision relating to collection targets for the deposit management organisation.