# The Construction Products (Amendment etc.) (EU Exit) Regulations 2019, Paragraph 5: Substitution of regulation 4


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.”.

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Source: https://www.legislation.gov.uk/uksi/2019/465/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/construction-products-amendment-etc-eu-exit-regulations-2019/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.