Child Rights and Wellbeing Impact Assessment (CRWIA) for the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Amendment Order 2026

Child Rights and Wellbeing Impact Assessment

1. Brief Summary

Type of proposal (Please delete as necessary):

• Scottish Statutory Instrument

Name the proposal, and describe its overall aims and intended purpose.

The Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Amendment Order 2026

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 single-use drinks containers made of polyethylene terephthalate (PET), steel, and aluminium cans from 1 October 2027. The DRS is run by a private, not-for-profit organisation, Exchange for Change, who are responsible delivering the scheme on behalf of industry.

The DRS is intended to reduce littering, increase the recycling rate of drinks containers made of plastic and aluminium and steel and improve the quality of material collected for recycling. The Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Amendment Order 2026 will amend the existing Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025 and, along with the Deposit Return Scheme for Scotland Amendment Regulations 2026 (the Regulations), will make some operational amendments to help support the introduction of the scheme for industry.

What the Order does:

This Order makes minor operational amendments in relation to DRS, and corrects drafting oversights in the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025. The most significant change will provide greater clarity for industry on the way in which the scheme administrator can carry out its function in relation to charging the registration fee to registered producers. It provides a power for the scheme administrator to charge interest on late payments of registration fees, should a registered producer fail to pay their fees at the times and intervals or by the means specified by the scheme administrator.

Start date of proposal’s development: June 2026

Start date of CRWIA process: August 2026

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 Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Amendment Order 2026 is not 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 Order therefore is not intended to impact upon children’s rights. Impact assessments carried out in 2025 have considered the impact of wider DRS legislation on people with protected characteristics, including children.

A CWRIA was also undertaken in 2025 at the time that the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025 was made. 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. The amendments made by the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Amendment Order 2026 are limited in nature and have no significant impact on the operation of DRS as a whole.

Therefore, the impact of this instrument on the rights and wellbeing of children is considered as neutral.

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

N/A

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.

No gaps have been identified.

5. Analysis of Evidence

Not applicable.

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.