10 Takeback services
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).”

.