Regulation 4 Prohibition on supply etc.F1

(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 F2Regulation (EU) 305/2011 or a declaration of performance and conformity in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110; 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 F3Regulation (EU) 305/2011 or Article 17(2) of Regulation (EU) 2024/3110.

(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 F4Regulation (EU) 305/2011 or Articles 17 and 18 of Regulation (EU) 2024/3110 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.

Annotations

Textual amendments

F1: Reg. 4 substituted (31.12.2020) by S.I. 2019/465, Sch. 2 para. 5 (as substituted by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2 (with Sch. 3 para. 30(1)))
F2: Words in reg. 4(3)(b) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 9(3)(a)
F3: Words in reg. 4(3)(c) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 9(3)(b)
F4: Words in reg. 4(5) substituted (8.1.2026) by The Construction Products (Amendment) Regulations 2025 (S.I. 2025/1172), regs. 1(1), 9(3)(c)