Regulation 7 Amendment to the Personal Protective Equipment Regulations 2002

In regulation 16 (Application of Schedule 10 on Enforcement) for paragraph (2) insert—

“(2)

Where an enforcement authority has reasonable grounds for suspecting that the CE marking has been affixed to the PPE, or its packaging, and in relation to which any provision of these Regulations has not been complied with—

(a)

it may serve notice in writing on the responsible person; and

(b)

no other action pursuant to Schedule 10 may be taken, and no proceedings may be brought pursuant to regulation 17, in respect of that PPE until a notice has been given and the person to whom it is given has failed to comply with its requirements.

(2A)

Paragraph (2)(b) does not apply in the case of PPE which when used in accordance with its intended purpose, in the opinion of an enforcement authority may endanger the safety of persons and, where appropriate, domestic animals or property.”.

In regulation 20 (Liability of persons other than the principal offender) in paragraph (1) for “will be proceeded against” substitute “ may be proceeded against ”.