The Scottish Government has a number of retail operations such as staff canteens that sell drinks containers and therefore, like other organisations, is working with Circularity Scotland Limited (CSL) to prepare for the launch of Deposit Return Scheme (DRS) in August.

Circularity Scotland are a private non-profit organisation and therefore decisions regarding their contracts are for them – this is entirely appropriate for a scheme that has industry responsibility at its heart. The Scottish Government does not hold information on whether Circularity Scotland has consulted with the Competitions and Markets Authority on this matter.

As stipulated under the Deposit and Return Scheme for Scotland Regulations 2020, Circularity Scotland (CSL) is a private non-profit organisation and is not subject to the Public Contracts (Scotland) Regulations 2015. As such, no contractual obligations can be imposed.

The Deposit Return Scheme (DRS) Regulations state that any return point operator must retain scheme packaging for collection by, or on behalf of, a producer or a scheme administrator.

As set out in Section 8 of The Deposit and Return Scheme for Scotland Regulations 2020 , SEPA will publish a register of all producers who are registered ahead of the scheme launching.

Section 8(5) of The Deposit and Return Scheme for Scotland Regulations 2020 sets out that SEPA must publish and maintain a list of registered producers in such manner as it considers appropriate. The Regulations do not specify a date or deadline by which that publication must be made publicly available. SEPA remains committed to make this available on their website before the scheme goes live in August 2023.

In 2018, the Scottish Government undertook a public consultation to explore options for establishing a deposit return scheme in Scotland, to which 16 recycling and waste management organisations submitted representations. An analysis of these consultation responses is available on the Scottish Government website here . The Scottish Government receives and responds to ongoing correspondence from stakeholders regarding DRS and is happy to consider any request for further information, in line with its obligations under the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004.

As set out in Section 14 and Section 15 of The Deposit and Return Scheme for Scotland Regulations 2020, submitted applications with regards to the appointment of scheme administrators are reviewed and decisions made by Scottish Ministers. The Regulations do not provide for public funding or financial support for appointed scheme administrators. This is entirely appropriate for a scheme that has industry responsibility at its heart. As such, subsidy control matters are not relevant in the appointment of a scheme administrator.

Circularity Scotland (CSL) is a private non-profit organisation and as such is not subject to the Public Contracts (Scotland) Regulations 2015.

Circularity Scotland (CSL) are a private non-profit organisation and are therefore not subject to public procurement requirements. Decisions regarding their contracts are for them – this is entirely appropriate for a scheme that has industry responsibility at its heart. CSL carried out an extensive tender process over a period of around 12 months before appointing Biffa to be the scheme’s official logistics service provider.