Regulation 11 Circumstances in which a person is not entitled to a return amount for a returnable item

(1)

A person who provides a returnable item to a scheme collector is not entitled to be paid a return amount for that item if the scheme collector has a reasonable excuse not to accept the returnable item.

(2)

The circumstances in which a scheme collector has a reasonable excuse not to accept a returnable item include—

(a)

the scheme collector not being able to identify the container as a returnable item (including where it is not carrying a scheme logo or scheme return code);

(b)

the returnable item being soiled;

(c)

the returnable item not being empty;

(d)

the returnable item not being intact;

(e)

the returnable item being the container for a drink which the scheme collector does not or would not supply for reasons of the scheme collector’s faith or belief;

(f)

where the scheme collector is a scheme retailer, the person providing the returnable item is attempting to return a number of returnable items which is disproportionately greater than the average number of deposit items that the scheme retailer would supply to a consumer in a single transaction.

(3)

A returnable item is to be treated as intact under paragraph (2)(d) regardless of whether the lid or other similar item used to close it—

(a)

is not returned with the returnable item, or

(b)

is returned with the returnable item but is not attached to it.

(4)

A scheme collector cannot refuse to accept a returnable item solely on the ground that it is a drink which the return point operator does not, or, if the return point operator were a scheme supplier, would not, supply otherwise than as provided for in paragraph (2)(e).