11.0 Enforcement, Sanctions and Monitoring
270. In order to deliver an ambitious DRS for Scotland sufficient enforcement, sanctions and monitoring systems will be put in place.
271. The Draft Deposit and Return Scheme for Scotland Regulations 2020 were laid before the Scottish Parliament in September 2019 for a 91-day representation period. The final Regulations were laid in 2020 and, once approved, it is likely that a single scheme administrator will manage the delivery of a DRS for Scotland. The scheme administrator is expected to maintain a transparent operation and publicly report on the achievements of the scheme.
272. The scheme administrator’s operational activities will need to be undertaken in accordance with all other relevant legislative requirements, including for example, the Environmental Protection Act 1990, the Environmental Protection (Duty of Care) (Scotland) Regulations, The Environmental Authorisations (Scotland) Regulations 2018, Waste (Scotland) Regulations 2012, Trans-Frontier Shipment of Waste Regulations, Consumer Rights Act 2015 and Business Protection from Misleading Marketing Regulations 2008.
273. Monitoring the Scheme Administrator – SEPA has been appointed as regulator for the purposes of the scheme and will monitor the compliance of the scheme administrator with the DRS Regulations. SEPA will request and review operational plans and reports that detail performance of the scheme administrator against the obligations set out in legislation, namely the collection targets. Sanctions will be put in place and enforced if the scheme administrator fails to comply with its legal obligations.
274. Monitoring Retailers and Producers - SEPA will have a role in monitoring and enforcing waste compliance such as waste storage, transport and treatment of scheme packaging. In addition, trading practices which specifically impact on compliance with the DRS regulations will be managed by SEPA.
275. Monitoring Consumer Concerns – Consumer complaints with regards to DRS will be received, triaged and addressed by SEPA.
276. The secondary legislation establishing the scheme will be kept under review during its introduction and operation.