Deposit and Return Scheme for Scotland Regulations 2020 (as amended): equality impact assessment
Equality impact assessment (EQIA) for The Deposit and Return Scheme for Scotland Regulations 2020 (as amended by the Deposit Return Scheme (DRS) for Scotland Amendment Regulations 2025) and the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025.
Recommendations and Conclusion
70. It has been identified that some elements of DRS legislation could have a negative impact on older and disabled individuals. This would apply particularly to individuals that are significantly housebound and /or rely on online grocery deliveries.
71. Without the previous mitigation provided for within DRS Regulations of a mandatory online takeback service for containers, there is increased risk that these individuals may not be able to redeem their deposits.
72. Some partial mitigations are in place to reduce the likelihood of this risk, including the provisions to allow organisations to register with the SA to provide a takeback service, as well as requirements through the SA application process and operational plan to ensure accessibility, and ensuring a comprehensive network of return points.
73. However, this risk cannot be fully mitigated in the absence of a mandatory takeback obligation, meaning that older and disabled consumers may be disproportionately impacted by the scheme.
74. This risk must be balanced against the risk that a mandatory takeback obligation may increase the risk that some online grocery sales are withdrawn in Scotland, restricting access for older and disabled consumers that rely on grocery deliveries.
75. The approach taken to managing the accessibility risks associated with distance sales is in line with international deposit return schemes. No existing DRS includes a mandatory takeback service, and there is not a proof-of-concept model of a successful takeback service on the scale that would be required across the UK.
76. The Scottish Government will continue to work with the SA as they develop their operational plan, including its progress towards takeback services for those who cannot physically access a return point.
77. It is important to recognise that there will also be positive impacts across Scotland from the introduction of a DRS. While not applicable to just the Protected Characteristics Groups, they will be of potential benefit to those individuals as much as others. Outlined more fully in the interim EQIA[29], these include an increase in the number of drinks containers recycled, reduction in litter and potential job creation opportunities through the collection and reprocessing of the returned containers.
78. The Scottish Government along with the UK Government and DAERA will monitor the implementation and delivery of DRS under the three-nation DRS Project Board. We will use this as mechanism to monitor and review this EQIA and the impact on Protected Characteristics Groups.
79. If issues arise as part of the implementation and delivery of the scheme, these will also be considered from an equality perspective using the data and evidence available at any given point.
80. The three governments have committed to keeping takeback services under review to ensure that consumers are not adversely impacted. This includes the option to re-introduce mandatory takeback, if insufficient takeback services or alternative measures are available for consumers who cannot physically access return points. We will work alongside Scottish Government Equality colleagues as we progress this work to align with wider Scottish Government strategies that embed accessibility in service design.
81. There is also a statutory duty to review the DRS within five years of its launch. The EQIA will be maintained as necessary to support any review, or future policy changes to the scheme, to evaluate the impact of the scheme on those with protected characteristics.