OpenLegislation

Paragraph 1 Compliance Notice

Original text. Later amendments are not shown.

(1)

An enforcer may serve a compliance notice on an economic operator in respect of a product to which these Regulations apply if the enforcer has reasonable grounds for believing that there is non-compliance.

(2)

A compliance notice must—

(a)

require the economic operator on which it is served to—

(i)

end the non-compliance within such period as may be specified in the notice; or

(ii)

provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the enforcer that the non-compliance has not in fact occurred; and

(b)

warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under paragraph (a) within the period specified in the notice, further action may be taken in respect of the non-compliance by the economic operator.

(3)

A compliance notice may include—

(a)

directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance;

(b)

a requirement, where no other means are available to eliminate a serious risk, for the economic operator to remove content referring to the product from an online interface or to display a warning to end users when they access an online interface.

(4)

Subject to sub-paragraph (5), an enforcer may revoke or vary a compliance notice by serving a notification on the economic operator.

(5)

An enforcer may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.