Regulation 11 Enforcement noticesE1

England, Wales and Scotland

(1)

This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a contravention of F1regulation 7 or a provision of Regulation 648/2004 in relation to a controlled product.

(2)

The authorised officer may serve a notice in writing on one or more of the following persons—

(a)

the manufacturer of the controlled product;

(b)

the owner of the controlled product;

(c)

any person appearing to be in possession or charge of the controlled product.

(3)

A notice served under paragraph (2) must specify—

(a)

the basis upon which the authorised officer has reached the opinion;

(b)

the action required to be taken by the person upon whom the notice is served; and

(c)

the period within which such action must be taken.

(4)

The action specified in accordance with paragraph (3)(b)—

(a)

must be action that will either—

(i)

remedy the failure to comply, where the failure is capable of being remedied; or

(ii)

permit the controlled product to be made available to third parties in such a state and manner that there would have been no contravention of these Regulations had it been placed on the market in that state and manner; and

(b)

may include one or more of the following—

(i)

recovery of the controlled product from the market in F2Great Britain;

(ii)

where the controlled product had been imported into Great Britain, exportation of the controlled product from Great Britain;

(iii)

disposal of the controlled product; and

(iv)

disposal of anything treated with the controlled product.

(5)

The period specified in accordance with paragraph (3)(c) must not be less than 14 days, except in an emergency.

(6)

Any person who fails to comply with the provisions of a notice served under paragraph (2) (or who causes or permits another person to do so) is guilty of an offence.

Annotations

Textual amendments

F1: Words in reg. 11(1) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617), regs. 1(3), 4(8)(a)
F2: Words in reg. 11(4)(b) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617), regs. 1(3), 4(8)(b)

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only