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10. In regulation 21 (takeback services)—
(a)in paragraph (2), for “paragraph (3)” substitute “paragraphs (3) and (3A)”,
(b)after paragraph (3), insert—
“(3A) If a single proposed return by a consumer contains a number of items of scheme packaging disproportionately greater than the number of scheme articles that a retailer providing a takeback service sells on average as part of a single transaction, that retailer may refuse to provide a takeback service to the consumer for that proposed return.”,
(c)in paragraph (5)—
(i)in sub-paragraph (c), omit “or”,
(ii)after sub-paragraph (d), insert—
“, or
(e)is part of a return where the retailer had refused to provide a takeback service under paragraph (3A).”.
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