FOI/202300349939 · FOI/EIR · partially withheld
Deposit Return Scheme applications and exemptions: EIR release
Information requested
The number of requests for exemption from the requirement to operate a retail return point under the Deposit Return Scheme for each month since the 1st October 2022. The number of applications per month (i) where a proximity exemption was granted, and (ii) where an environmental health exemption was granted, since 1st October 2022. The number of applications to register for a voluntary return point that were, per month, (i) received and (ii) accepted, since 1st October 2022.
Response
As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
Response to your request
Question 1 and 2: I have enclosed the requested information in Annex A.
You may also wish to note that a list of retailers who have been granted an exemption by Scottish Ministers can be found on Zero Waste Scotland website, which can be found here:. Return Point Exemptions | Deposit Return Scheme
Question 3: Zero Waste Scotland received two applications for a voluntary return point between October 2022 and April 2023. These applications were received in February and March 2023, both of which are being considered and therefore are currently outstanding.
About FOI
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Detected exemption language
Information requested The number of requests for exemption from the requirement to operate a retail return point under the Deposit Return Scheme for each month since the 1st October 2022. The number of applications per month (i) where a proximity exemption was granted, and (ii) where an environmental health exemption was granted, since 1st October 2022. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption.