Regulation 16 Test purchases

(1)

An enforcement authority shall have power, for the purpose of ascertaining whether any provision of Part II has been contravened in relation to any construction products, to make, or to authorise an officer of the authority to make, any purchase of any construction products.

(2)

Where–

(a)

any construction products purchased under this regulation by or on behalf of an enforcement authority are submitted to test; and

(b)

the test leads to–

(i)

the bringing of proceedings for an offence in relation to the products under any provision of Part II or for the forfeiture of the products under regulation 12 or 13; or

(ii)

the serving of a suspension notice in respect of any products; and

(c)

the authority is requested to do so and it is practicable for the authority to comply with the request,

the authority shall allow the person from whom the products were purchased or any person who is a party to the proceedings or has an interest in any products to which the notice relates to have the products tested.