Regulation 9 Failure to comply with Regulations: powers of notified bodies

(1)

Where during or after the carrying out of any function under Schedule 4 or 5 the notified body is satisfied that the EC mark has been wrongly affixed to a boiler or appliance, it shall give notice in writing of that fact to the manufacturer or his authorised representative established within the Community.

(2)

The notice referred to in paragraph (1) shall—

(a)

specify the description of boiler or appliance to which the notice relates, and

(b)

give details of the failure to comply with the requirements of these Regulations.

(3)

The notice referred to in paragraph (1) shall require the person to whom it is addressed —

(a)

to secure that any boiler or appliance to which the notice relates is altered so that it complies with the requirements of these Regulations, and

(b)

to take all appropriate steps to secure that no other such boiler or appliance is put into service unless it complies with the requirements of these Regulations.

(4)

Where a notified body has served a notice referred to in paragraph (1), it may include within the notice a statement that unless, within a specified period, steps are taken to ensure compliance with the requirements of these Regulations of any appliance or boiler to which the notice relates —

(a)

any EC type-examination certificate issued under Schedule 4,

(b)

any decision by a notified body that the requirements of Parts II and III of Schedule 5 are met, or

(c)

any approval of a quality system given in accordance with Parts II and III of Schedule 5, will be suspended from the date specified in the notice.

(5)

A notice under this regulation shall give reasons for any decision conveyed in it.

(6)

Where a notice referred to in paragraph (1) has been given and any period referred to in that notice has elapsed, no person shall supply a boiler or appliance of the description to which the notice relates unless compliance with the requirements of these Regulations has been secured.