Paragraph 5 Substitution of regulation 4F1

For regulation 4 (prohibition on supply etc.) substitute—

“Prohibition on supply etc.

4.

(1)

A person who supplies a construction product in respect of Great Britain that is covered by a designated standard or conforms to a UK Technical Assessment that has been issued for it shall be guilty of an offence unless—

(a)

there is supplied with the product in accordance with Article 7 of the 2011 Regulation a declaration of performance for the product drawn up in accordance with Articles 4 and 6 of the 2011 Regulation; and

(b)

the product has affixed to it the UK marking in accordance with Article 8(1) of the 2011 Regulation.

(2)

Paragraph (1) does not apply in the case of a product that is subject to one or more of the derogations in Article 5 of the 2011 Regulation.

(3)

Paragraph (1) does not apply where—

(a)

Article 16A(2) of the 2011 Regulation applies;

(b)

there is supplied with the product in accordance with Article 7 of the 2011 Regulation (as modified by Article 16A(3) of that Regulation) a declaration of performance for the product drawn up in accordance with Articles 4 and 6 of the EU Construction Products Regulation; and

(c)

the product has affixed to it—

(i)

the CE marking; or

(ii )

the CE marking accompanied by the UK(NI) indication,

in accordance with Article 8(2) of the EU Construction Products Regulation.

(4)

A person who supplies a construction product in respect of Great Britain to which the UK marking has been affixed in breach of any provision of Article 8 or 9 of the 2011 Regulation shall be guilty of an offence.

(5)

A person who supplies a construction product in respect of Great Britain to which—

(a)

the CE marking; or

(b)

the CE marking and accompanying UK(NI) indication,

has been affixed in breach of any provision of Article 8 or 9 of the EU Construction Products Regulation shall be guilty of an offence.

(6)

A person guilty of an offence under this regulation shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.”.