A Deposit Return Scheme for Scotland: Final Business Regulatory Impact Assessment
This document is a revised version of the final Business and Regulatory Impact Assessment (BRIA) published by the Scottish Government on 16/03/20. It reflects changes made to the design of DRS by The Deposit and Return Scheme for Scotland Amendment Regulations 2022 laid in Parliament on 15/12/21.
9. Digital Impact Test
294. Changes to policy, regulation or legislation can often have unintended consequences, should government fail to consider advances in technology and the impact this may have on future delivery. This digital impact test is a consideration of whether the changes being made can still be applied effectively should business/government processes change – such as services moving online. The below details the evaluation of the interaction between the final DRS and current and future digital developments. Overall, it is viewed that the final DRS will not have an adverse impact on digital technology developments.
| Comments from Test Run | Changes to business form | Justification |
|---|---|---|
| 20m did not seem a reasonable measure of proximity on which to base accepting or rejecting exemptions applications | Yes | Additional guidance has been added to the relevant question to make it clear that, while applications with an alternative return point under 20m away will be more straightforward to process, applications over 20m will still be considered on their merits. Further work will be undertaken to agree distance guidelines as part of the work to finalise the exemptions process. |
| Notification and follow-up information to be received once form is completed | No | Not applicable to the form at this stage. |
| Clarification required around who each part of the form should be filled out by | Yes | This information has been added to the form. Also, for greater clarity the form has been split into two different forms (one for retailer exemptions application and one for voluntary return point approval). |
| Ability to upload/attach information to support applications | No | Not applicable to the form at this stage. Where an online form is developed, this will be taken into consideration. |
| Clarification required on whether one form per voluntary return point application was required or if organisations could apply in a single form for several locations | No | It was deemed clear enough that the information required in this form related to a single location. |
| Help and support needed by retailers to complete the form (responsibilities and processes – different language formats) | Yes | Extensive guidance has been added to the form on how to complete it and justification for data required |
| Support needed by retailers in arranging agreement with alternative return point | No | This was deemed to be out of scope of the form |
| Retailers may be hesitant around joint working with competitors | No | An alternative return point is required to obtain an exemption in order to ensure it remains as easy to return a container as it was to buy it. It is for retailers themselves, based on their business needs, to determine what terms they agree with an alternative return point. |
Question 1. Does the measure take account of changing digital technologies and markets?
295. Changing digital technologies and markets have been taken into account during the development of the Scottish DRS. Customers remain able to order drinks through online services and reclaim the deposit through both online and traditional retailers. Similarly, online services will not be adversely impacted by the scheme. This is assessed further in the Competition Impact Assessment.
Question 2. Will the measure be applicable in a digital/online context?
296. A Scottish DRS would apply to both online and offline retailers, as deposits would apply to all drinks containers within the scope of the scheme that enter the Scottish market.
Question 3. Is there a possibility the measures could be circumvented by digital/online transactions?
297. As drinks containers are not only sold by traditional but also by online retailers, the DRS will need to apply to online transactions in order to serve the original purpose.
Question 4. Alternatively, will the measure only be applicable in a digital context and therefore may have an adverse impact on traditional or offline businesses?
298. The Scottish DRS will be applicable equally to both digital and traditional businesses and would therefore not result in an adverse impact on traditional or offline businesses.
Question 5. If the measure can be applied in an offline and online environment will this in itself have any adverse impact on incumbent operators?
299. No.
Contact
Email: JOHN.FERGUSON@GOV.SCOT
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