Paragraph 3 Prohibition on supply etc.

(1)

A person who supplies a construction product in respect of Northern Ireland that is covered by a harmonised standard or conforms to a European Technical Assessment that has been issued for it shall be guilty of an offence unless—

(a)

there is supplied with the product a relevant declaration; and

(b)

the product has affixed to it the relevant marking as specified in sub-paragraph (2).

(2)

For the purposes of sub-paragraph (1)—

(a)

a relevant declaration is—

(i)

where the product is a UK-assessed product, a declaration of performance for the product drawn up and supplied in accordance with Articles 4, 6 and 7 of the EU Construction Products Regulation (as modified by regulation 4 of these Regulations);

(ii)

where the product is an EU-assessed product, a declaration of performance for the product drawn up and supplied in accordance with Articles 4, 6 and 7 of the EU Construction Products Regulation;

(b)

the relevant marking is—

(i)

where the product is a UK-assessed product, the CE marking accompanied by the UK(NI) indication in accordance with Article 8(2) of the EU Construction Products Regulation (as modified by regulation 4 of these Regulations);

(ii)

where the product is an EU-assessed product, the CE marking in accordance with Article 8(2) of the EU Construction Products Regulation.

(3)

Sub-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 EU Construction Products Regulation.

(4)

A person who supplies a construction product to which—

(a)

the CE marking has been affixed in breach of any provision of Article 8 or 9 of the EU Construction Products Regulation, or

(b)

the CE marking and accompanying UK(NI) indication has been affixed in breach of Article 8 or 9 of the EU Construction Products Regulation (as modified by regulation 4 of these Regulations),

shall be guilty of an offence.

(5)

A person guilty of an offence under this paragraph 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.