Deposit and Return Scheme for Scotland (Amendment) Regulations 2025: child rights and wellbeing impact assessment

Child Rights and Wellbeing Impact Assessment

1. Brief Summary

Type of proposal:

Scottish Statutory Instrument

The Deposit and Return Scheme for Scotland (Amendment) Regulations 2025

The Scottish Government is committed to creating a more circular economy where products and materials are kept in use for as long as possible – maximising resources to benefit the economy and the environment. Material consumption and waste are primary drivers of nearly every environmental problem Scotland currently faces, from water scarcity to habitat and species loss.

As part of plans to create a more circular economy, the Scottish Government intends to introduce a Deposit Return Scheme (DRS) for specified drinks containers. The DRS is intended to reduce littering, increase the recycling rate of drinks containers made of plastic and aluminium or tin and improve the quality of material collected for recycling. The Deposit Return Scheme for Scotland Amendment Regulations 2025 (the Regulations) will amend the existing Deposit and Return Scheme Scotland for Scotland Regulations 2020 ^[1] (and, along with the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025, ^[2] will establish a DRS in Scotland and help to support these changes.

The Regulations modify the existing DRS framework to provide alignment with other UK schemes. Key changes being made include revising the scheme’s start date to 2027 and removing glass from its material scope. These changes aim to improve operational efficiency while maintaining the scheme’s primary objectives: increasing recycling rates, reducing litter, and supporting a circular economy.

An organisation known as the scheme administrator (SA) will operate the scheme in Scotland. Ministers have confirmed that the proposed designated SA candidate for DRS in Scotland is the UK Deposit Management Organisation Limited. An additional Child Rights and Wellbeing Impact Assessment assesses the impact of this policy in relation to the SA^[3].

Intended purpose of the Regulations

Deposit return schemes will be launched in Scotland, England and Northern Ireland in October 2027. The three governments are committed to delivering schemes that work together and are as simple as possible for consumers and businesses, whilst achieving the economic and environmental goals of the policy. In order to move forward with an aligned scheme, some modification is required to existing DRS legislation in Scotland. These changes include:

• The start date of the scheme: The scheme will launch in October 2027 instead of October 2025, to align with schemes being introduced in England and Northern Ireland.
• The type of drinks containers which can be returned: the deposit return scheme will include drinks containers made of plastic specifically polyethylene terephthalate (PET), steel, and aluminium containers. It will not include glass containers.
• Size of the containers: only drinks containers between 150ml to 3 litres are within the scope of the scheme.
• Takeback services: takeback services (home collection services for consumers who buy scheme containers online) are not mandatory. Retailers or third sector organisations like community groups could operate a voluntary take back service.
• Return point exemptions: Many groceries retailers have to act as a return point – this means accepting empty drinks containers and refunding consumer deposits. A groceries retailer does not have to operate a return point if: a shop is less than 100m² and in an urban area; or registered as exempt by the scheme administrator because they are unable to change their premises to operate a return point on their premises; or they are close to another return point.
• Faith or belief exemption: Retailers that do not sell a type of drink because of their religious belief will not be required to accept the return of those particular empty drinks containers.
• Voluntary return points: Other organisations can register with the scheme administrator to host a voluntary return point.
• Producers of drinks: Drinks producers will be required to register with the scheme administrator before they can sell drinks within the scope of DRS. However, drinks producers who sell product lines which do not exceed more than 5,000 units each year can register as producers of Low Volume Drink Products. These items will not be subject to a deposit.

Start date of proposal’s development: June 2024

Start date of CRWIA process: October 2024

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?

The proposed Regulations and the overarching policy aim are not directly relevant to the requirements of the United Nations Convention on the Rights of the Child (UNCRC) as outlined in the UNCRC (Incorporation) (Scotland) Act 2024.

The primary objectives of DRS are to enhance environmental sustainability by increasing recycling rates, reducing litter, and supporting a circular economy. These goals focus on broader societal and environmental benefits rather than specifically targeting children's rights or protections as defined under the UNCRC.

The proposal does not have a direct impact on children's rights. However, once the Regulations are implemented, an operational DRS may contribute to indirect benefits such as cleaner environments and a reduction in litter that promote better health and safer play spaces by reducing litter in parks, beaches, and other public spaces. These indirect effects align with general principles of the UNCRC’s requirements and once implemented, will impact several key areas.

Cleaner surroundings foster better physical health for children. DRS once implemented will result in reduced pollution and litter which can help lower the impact and incidence of respiratory and other health issues linked to environmental conditions. Access to clean, natural areas benefits physical and mental health across all age groups, including children. (Article 24: Health and Health Services).

DRS should decrease cleanup costs by reducing litter and boosting recycling. The money saved may be reinvested into community services that benefit children, such as schools, parks, and recreational facilities. The scheme also encourages community participation, fostering a sense of unity and improving children’s social wellbeing.

By reducing litter, DRS creates cleaner, safer spaces for children to play, learn, and engage in their communities. Fewer hazards and a more pleasant environment enrich recreational opportunities for all. (Article 31: Leisure, play and culture).

DRS serves as a valuable educational tool, teaching children about recycling, environmental stewardship, and sustainability. Early exposure to these concepts cultivates a lifelong sense of responsibility toward the environment. (Article 29: Goals of Education – Respect for Urban and Natural Environments).

Specific aspects of the proposal which indirectly impact and are relevant to articles of the UNCRC are listed below.

The start date of the scheme: The scheme will launch in October 2027 instead of October 2025, to align with schemes being introduced in other parts of the UK. Delaying the launch of DRS in Scotland will ensure stakeholder readiness and alignment with schemes in England and Northern Ireland, however it will delay the intended outcomes of the policy. The delay of the intended outcomes could mean there is no reduction or a potential increase in environmental pollution and worse environmental conditions for children in for example, litter in parks or urban areas (Article 24 – Right to Health). This could also impact progress against the Scottish Government's broader aims to address climate change and improve the environment which are essential for children’s development and survival take longer to achieve. (Article 6 – Right to Life, Survival, and Development).

The type of drinks containers which can be returned: A clean environment is vital for health, wellbeing, and growth. By minimising litter, DRS will create less polluted spaces where children can safely explore, play, and learn in both urban and rural settings, supporting their development (Article 6). The proposal removes glass from the scope of the scheme. DRS once implemented will focus on plastic and aluminium drinks containers, which represent the bulk of single-use drinks containers, and ensures the scheme targets the most significant contributors to litter and low recycling rates. However, removing glass drinks containers from the scope of the scheme could reduce positive environmental impacts. (Article 6: Right to Life, Survival, and Development).

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Consultation / feedback from stakeholders

We recognise the importance of involving young people in discussions about policies that impact their environment and future. When consulting on the introduction of DRS in 2019, the Scottish Government engaged with third sector organisations representing a range of stakeholders, including children and young people. Feedback suggested that the introduction of DRS and the expected reduction of litter would improve young people’s perceptions of their own neighbourhood^[4].

Key links to analysis of consultation responses from stakeholders and public:

A Deposit Return Scheme for Scotland full business case – stage 1

As part of the full business case consultation exercise, an electronic survey captured the views of people, of all ages, including young children (less than 12 years old), from across Scotland. Key themes included the accessibility of the scheme; ensuring that it is easy and understandable to use; being able to return containers to an extensive network of return points to incentivise all ages and enable everyone to be able to participate; and providing manual return points in rural areas.

The Welsh Government has also engaged with these groups in their document “Consumer research to inform the design of an effective deposit return scheme”. We have based many of our findings on this recent report.

Evidence from other UK governments consultation on DRS:

Welsh Government: Consumer research to inform the design of an effective deposit return scheme

The qualitative research in this document consisted of two key strands:

• In-depth interviews with 30 adults and six children aged 11-15, preceded by an online diary exercise amongst adults, recording real-time current consumption and disposal behaviour for drinks in containers, to explore in-depth individual responses to the scheme.
• Group discussions with 70 people, to encourage the sharing of views and enable a more discursive consideration of likely use and ideals for the scheme design. The quantitative research consisted of two online panel surveys: a 20-minute survey with 4,057 adults aged 16 or over and a 15-minute survey with 603 children aged 11 to 15.

The findings suggest younger survey participants are more likely to find recycling burdensome and to agree that it is only worth doing environmentally friendly things if it saves them money. The introduction of a DRS may have an impact on the purchasing and consumption of in-scope drinks containers, particularly for children aged 11-15. 48% of children within this age group reported that they would reduce the number of bottles and cans they buy by a lot or a little.^[5]

This research found that cash/coins were the favoured deposit refund by surveyed children aged 11-15 over (76%), although electronic methods such as returning via debit card or a smartphone app were appealing to younger adults.

This group also thought large supermarkets would be the most convenient way to return containers, although other centrally and locally placed return points would also be used.

Evidence from existing research/reports/policy expertise

We published a full business case setting out details of the proposed deposit return scheme in May 2019. This followed a public consultation in 2018.

The preparations we had put in place to deliver DRS in Scotland prior to these revised proposals have helped inform an aligned approach with England and Northern Ireland, based on significant engagement and feedback from stakeholders.

A joint policy statement was published which sets out to achieve maximum alignment across the schemes in Scotland, England, Northern Ireland and Wales to make them as simple as possible for consumers and businesses across the UK. This policy statement provides a key evidence base for this proposal.

The following package of DRS impact assessments^[6] informed the DRS development process more widely:

• Deposit return scheme for Scotland: Full Business Case Addendum.
• Deposit Return Scheme for Scotland: Full Business and Regulatory Impact Assessment
• Deposit return scheme for Scotland: Equality Impact Assessment.
• Deposit return Scheme for Scotland: Fairer Scotland Duty Assessment.
• Deposit return scheme for Scotland: Islands Communities Impact Assessment.

There is anecdotal evidence that there may be wider societal benefits from a DRS. In Ireland a DRS has been operating since 1 February 2024. Re-turn, the organisation that runs the scheme there, has established a charity fundraising initiative supporting six national children’s charities. As of the 1 February 2025 over €90,000 had been raised for the initiative and over 2,000 schools, clubs and community organisations registered fundraising activities.^[7]

More widely DRS aligns with calls to action from the Children’s Parliament on circular economy issues, including having more recycling points in Scotland and protecting coastlines and cleaning up beaches and rivers.^[8]

This information will be shared with the SA candidate to operate the scheme, to help inform how it works for children and young people.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

A potential gap in evidence is the lack of recent direct engagement with children and young people in Scotland to understand their views and perspectives on the DRS policy and this specific proposal on the Regulations.

However, we have utilised existing evidence from research elsewhere in the UK to gain information on the views of children and young people. We also know that similar schemes successfully operate in over 50 countries and are used every day by children and young people. We fully recognise the importance of involving young people in discussions about policies that impact their environment and future and will continue to engage with representative organisations via our wider circular economy work.

The Scottish Government assessed the SA candidate’s application to operate DRS. The application included a commitment to communicate with consumers, including children and young people, to promote understanding and awareness of DRS.

5. Analysis of Evidence

The evidence indicates that the proposal does not have a direct impact on children's rights. However, once the Regulations are implemented and the DRS is live it is likely to have a largely positive impact on the rights and wellbeing of children and young people in Scotland.

By reducing litter and promoting recycling, the scheme will contribute to cleaner, safer environments where children can play, explore, and learn. This aligns with Article 6 of the UNCRC (the right to life, survival, and development), as a healthier environment directly supports children’s wellbeing and ability to thrive.

Furthermore, DRS encourages a culture of environmental responsibility. By involving children and young people in recycling efforts, the scheme fosters awareness of sustainability and individual accountability for the environment, contributing to their education and personal development in line with Article 29 (the goals of education, including respect for the natural and urban environment).

The DRS operating in the Republic of Ireland demonstrates the wider societal benefits of DRS, with charitable donations benefiting national children’s charities.

However, there are some indirect impacts from this proposal to consider:

• The start date of the scheme: The scheme will launch in October 2027 instead of October 2025, to align with schemes being introduced in other parts of the UK. The delay of the DRS means that intended environmental outcomes will be delayed. This will therefore mean a delay to achieving the identified positive impacts in respect of child’s rights in particular under Article 24 – Right to Health and Article 6 – Right to Life, Survival, and Development. However, the positive impacts of the implementation of this proposal and DRS will outweigh the negative impacts if there was no DRS. This impact is therefore assessed as neutral.
• The type of drinks containers which can be returned: The proposal removes glass from the scope of the scheme, ensuring that the scheme in Scotland is aligned with the DRS in England and Northern Ireland. This reduces the potential gains in recycling of this material and the expected reduction in litter. However, evidence suggests that plastic drinks bottles and cans are more commonly littered than glass drinks bottles^[9], therefore, the removal of glass from the scheme will have a lesser negative impact compared to other materials. The positive environmental impacts of a successful DRS with only plastic and metal drinks containers outweighs any potential negative impacts of having no DRS. (Article 6: Right to Life, Survival, and Development). This impact is therefore assessed as neutral.

Overall, DRS once implemented has strong potential to promote children’s rights under Articles 6 (the right to Life, Survival, and Development), Article 24 (the right to health), Article 27 (Adequate Standard of Living), Article 29 (Goals of Education – Respect for Urban and Natural Environments) and 31 (the right to leisure and play) by improving the quality of their environment and encouraging sustainable practices. By addressing the identified challenges through targeted interventions, we can ensure that the scheme delivers its intended benefits for all children and young people.

6. What changes (if any) have been made to the proposal as a result of this assessment?

No changes have been made to the proposal because of this assessment. However, we recognise the importance of continuing to engage with children and young people to support implementation of DRS. The findings will be shared with the SA candidate to inform the further development and delivery of the scheme in Scotland. The Scottish Government is committed to working in partnership with stakeholders who represent children and young people, to assess the full impacts of policies as part of the wider Circular Economy and Waste Route Map. This ongoing engagement will help us refine supporting measures to ensure the scheme is inclusive and effective when it launches.