Regulation 47 Enforcement action in respect of electrical equipment which is in conformity, but presents a riskE1

England, Wales and Scotland

(1)

Where, having carried out an evaluation under regulation 44, an enforcing authority finds that although electrical equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take all appropriate measures to—

(a)

ensure that the electrical equipment concerned, when placed on the market, no longer presents a risk;

(b)

withdraw the electrical equipment within a prescribed period; or

(c)

recall the electrical equipment within a prescribed period.

(2)

Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The F2notice referred to in paragraph (2) must include, where available—

(a)

the data necessary for the identification of the electrical equipment concerned;

(b)

the origin and the supply chain of the electrical equipment;

(c)

the nature of the risk involved; and

(d)

the nature and duration of the measures taken by the enforcing authority.

(5)

In this regulation, “prescribed period” means a period which is—

(a)

prescribed by the enforcing authority; and

(b)

reasonable and commensurate with the nature of the risk presented by the electrical equipment.

Annotations

Textual amendments

F1: Reg. 47(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 27(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 47(4) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 27(b) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

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