{
  "url": "https://openlegislation.uk/construction-products-amendment-etc-eu-exit-regulations-2019/schedule-2/paragraph-5",
  "json_url": "https://openlegislation.uk/construction-products-amendment-etc-eu-exit-regulations-2019/schedule-2/paragraph-5.json",
  "legislation": "uksi/2019/465",
  "legislation_title": "The Construction Products (Amendment etc.) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/construction-products-amendment-etc-eu-exit-regulations-2019",
  "path": "schedule/2/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Substitution of regulation 4",
  "text": "For regulation 4 (prohibition on supply etc.) substitute—\n“Prohibition on supply etc.\n4. (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—\n(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\n(b) the product has affixed to it the UK marking in accordance with Article 8(1) of the 2011 Regulation.\n(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.\n(3) Paragraph (1) does not apply where—\n(a) Article 16A(2) of the 2011 Regulation applies;\n(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\n(c) the product has affixed to it—\n(i) the CE marking; or\n(ii ) the CE marking accompanied by the UK(NI) indication,\nin accordance with Article 8(2) of the EU Construction Products Regulation.\n(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.\n(5) A person who supplies a construction product in respect of Great Britain to which—\n(a) the CE marking; or\n(b) the CE marking and accompanying UK(NI) indication,\nhas been affixed in breach of any provision of Article 8 or 9 of the EU Construction Products Regulation shall be guilty of an offence.\n(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.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/465/schedule/2/paragraph/5",
    "retrieved_at": "2026-10-28T22:45:42.163662+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}