Deposit Return Scheme - Internal Market exemption: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004

Information requested

1. “On which date did the Scottish Government seek a UK Internal Market Act exemption for the upcoming Deposit Return Scheme?

2. How many UK Internal Market Act exemptions have been applied for by the Scottish Government since the Act was introduced, and on which date were they applied for?”


Question 1:

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

The Scottish Government has published Internal Market Act: correspondence which includes correspondence with the UK Government seeking an exclusion for the Deposit Return Scheme from the Internal Market Act. In particular I would refer you to the timeline and process for securing an Internal Market Act (IMA) exclusion for the Deposit Return Scheme.

Question 2:

There is no application process for exclusions to the Internal Market Act (IMA) 2020: governments do not apply for exclusions, exclusions are a matter of consideration between governments, for example, as set out in the Process for considering UK Internal Market Act exclusions in Common Framework areas. While the process for considering exclusions is established for matters falling within Common Framework areas, exclusions may also be considered outside of Common Frameworks.

However, we recognise the intent of the question is to obtain information relating to IMA exclusions for Scottish Parliament legislation. Therefore, we have prepared a response relating to the number (and associated timing) of exclusions to the IMA that the Scottish Government has invited the UK Government and, where relevant, other devolved governments to consider may be necessary to enable policy divergence in devolved areas to be managed, while respecting devolution. This information can be found in Annex A.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FOI 202300345710 - Information Released - Annex A


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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