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The Waste Batteries and Accumulators Regulations 2009

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This is the original version (as it was originally made).

PART 4PORTABLE BATTERIES: OBLIGATIONS AND RIGHTS OF DISTRIBUTORS AND OTHER ECONOMIC OPERATORS

Take back

31.—(1) A distributor of portable batteries must, at any place it supplies such batteries to end-users,—

(a)take back waste portable batteries at no charge; and

(b)inform end-users about the possibility of such take back at the distributor’s sales points.

(2) A distributor may not—

(a)make any charge to end-users; or

(b)oblige end-users to buy a new battery,

when accepting waste portable batteries under paragraph (1)(a).

(3) The duty in paragraph (1) does not apply where portable batteries are supplied by a small distributor.

(4) A distributor must not dispose of, or arrange for the disposal of, waste portable batteries accepted under paragraph (1)(a).

(5) In this regulation “small distributor” means a distributor who supplies less than 32 kg of portable batteries to end-users in a year.

Distributor’s right to request collection of waste batteries

32.—(1) A distributor may request any battery compliance scheme to collect from it waste portable batteries it has taken back under regulation 31.

(2) A scheme operator who receives a request under paragraph (1) must—

(a)arrange with the distributor within 21 days of the request for the collection of the waste portable batteries;

(b)ensure the collection of those batteries without charge to the distributor and within a reasonable time.

(3) A distributor who has requested collection of waste portable batteries under paragraph (1) may not make a charge for the collection of those waste batteries under paragraph (2).

Right of economic operators to participate in collection, treatment and recycling schemes

33.—(1) Economic operators and waste collection authorities may take waste portable batteries to any facility provided by a battery compliance scheme for the purpose of receiving such batteries from such persons.

(2) The scheme operator must accept waste portable batteries at such a facility without charge.

Prohibition on showing the costs of collection, treatment and recycling of portable batteries

34.  A distributor must not show separately the costs of the collection, treatment and recycling of waste portable batteries to an end-user at the time of sale of new portable batteries.

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