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The Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025
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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025 No. 189
The handling payment
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14.—(1) The scheme administrator must provide for a payment (a “handling payment”) to be paid by the scheme administrator to each return point operator, other than the scheme administrator itself.
(2) The scheme administrator must determine the amount of the handling payment having regard to all relevant factors including—
(a)costs of purchasing or leasing any machinery, equipment or materials required for the collection or storage (or both) of scheme packaging and returnable packaging,
(b)costs of staff time dedicated to the collection or storage (or both) of scheme packaging and returnable packaging,
(c)costs of rental value of the floor space or any other part of any premises used solely for the collection or storage (or both) of scheme packaging and returnable packaging.
(3) For the purposes of determining the handling payment under paragraph (2), the scheme administrator may—
(a)apply average costs incurred by return point operators, or, as the case may be, a class of return point operators in relation to the costs listed in paragraph (2)(a), (b) or (c),
(b)determine how such average costs are to be calculated,
(c)determine that the amount of the handling payment be different in different cases.
(4) Before determining the amount of the handling payment under paragraph (2), the scheme administrator must consult—
(a)return point operators or persons representing return point operators, including in particular persons who represent the interests of small retailers in Scotland, and
(b)such other persons (if any) as the scheme administrator considers appropriate,
and have regard to the views expressed in responses to the consultation.
(5) A determination of the amount of the handling payment under paragraph (2) has effect for a period no longer than three years from the date of that determination.
(6) The scheme administrator—
(a)may make a further determination under paragraph (2) of the amount of the handling payment at any time, and
(b)must make a further determination under paragraph (2) to take effect at the end of the period of three years from the date of the previous determination.
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