Regulation 12 Temporary prohibition of sale or use

Where the Secretary of State is satisfied that clinical thermometers, constructed according to a pattern in respect of which an EEC pattern approval granted by any member State is in force, reveal in service a defect of a general nature which makes them unsuitable for their intended use, he may issue a prohibition notice under this regulation with respect to clinical thermometers of that pattern.

For so long as a prohibition notice issued under this regulation is in force with respect to clinical thermometers of any pattern, any person who, knowing that such a notice has been issued with respect to such clinical thermometers, uses, or has in his possession for use, or knowingly causes or permits any other person to use, a clinical thermometers of the pattern in question bearing any EEC sign or mark related to that pattern approval, or disposes of any such clinical thermometers to any other person in a state in which it could be used without informing that other person of the prohibition notice, shall be guilty of an offence.

A prohibition notice under this regulation shall give particulars of the pattern to which it relates.

The Secretary of State may withdraw a prohibition notice at any time.

If the Secretary of State issues a prohibition notice under this regulation he shall give a statement in writing of his grounds for doing so to any person appearing to him to be concerned.

The Secretary of State shall cause to be published—