Chamber and committees

As stipulated under the Deposit and Return Scheme for Scotland Regulations 2020, Circularity Scotland (CSL) is a private non-profit organisation and is not subject to the Public Contracts (Scotland) Regulations 2015. As such, no contractual obligations can be imposed.

The Deposit Return Scheme (DRS) Regulations state that any return point operator must retain scheme packaging for collection by, or on behalf of, a producer or a scheme administrator.

Circularity Scotland are a private non-profit organisation and therefore decisions regarding their contracts are for them – this is entirely appropriate for a scheme that has industry responsibility at its heart. The Scottish Government does not hold information on whether Circularity Scotland has consulted with the Competitions and Markets Authority on this matter.

The Scottish Government has a number of retail operations such as staff canteens that sell drinks containers and therefore, like other organisations, is working with Circularity Scotland Limited (CSL) to prepare for the launch of Deposit Return Scheme (DRS) in August.

As set out in Section 14 and Section 15 of The Deposit and Return Scheme for Scotland Regulations 2020, submitted applications with regards to the appointment of scheme administrators are reviewed and decisions made by Scottish Ministers. The Regulations do not provide for public funding or financial support for appointed scheme administrators. This is entirely appropriate for a scheme that has industry responsibility at its heart. As such, subsidy control matters are not relevant in the appointment of a scheme administrator.

In 2018, the Scottish Government undertook a public consultation to explore options for establishing a deposit return scheme in Scotland, to which 16 recycling and waste management organisations submitted representations. An analysis of these consultation responses is available on the Scottish Government website here . The Scottish Government receives and responds to ongoing correspondence from stakeholders regarding DRS and is happy to consider any request for further information, in line with its obligations under the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004.

Circularity Scotland (CSL) are a private non-profit organisation and are therefore not subject to public procurement requirements. An extensive tender process was carried out by Circularity Scotland over a period of around 12 months before appointing a waste collection provider. Decisions regarding their contracts are for them – this is entirely appropriate for a scheme that has industry responsibility at its heart.

(a) To date approximately 5-10% of tree tubes/guards have been removed where plants have established quickly due to local conditions. For the majority of the site, tree establishment has been slower, which is common for exposed roadside locations. It is anticipated that there will be an increase in the phased removal of the remaining guards over the next 2 years as the planting continues to establish and flourish.

(b) There are circa 1.5 million new trees planted alongside the AWPR. Since 2018 and 2019, when the various sections of AWPR were opened, the specialist landscape contractors have had teams of full-time personnel engaged year-round inspecting and maintaining the site. The landscape maintenance includes regular grass cutting, weed control and pruning to encourage growth.

Circularity Scotland (CSL), as a private non-profit organisation and scheme administrator for DRS, represents and provides services to its members including Scotland’s largest drinks producers, importers, wholesalers and retailers. This is entirely appropriate for a scheme that has industry responsibility at its heart. The Scottish Government will register as a return point operator (RPO) with CSL and will be handled no differently than any other registered RPO.

Circularity Scotland submitted an application to Scottish Ministers for approval to become a scheme administrator. Drinks producers, wholesalers and retailers across Scotland collaborated to create Circularity Scotland and support its application to become a scheme administrator. The Scottish Government did not engage in discussions with producers or retailers with regards to Circularity Scotland’s application. While Circularity Scotland is the only approved scheme administrator, it does not have exclusive rights in relation to the collection of scheme articles. There is no limit on the number of scheme administrators that can operate within the scheme.