# The Electrical Equipment (Safety) Regulations 2016, Regulation 47: Enforcement action in respect of electrical equipment which is in conformity, but presents a risk

Extent: E+W+S

(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.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The notice 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.

---
Source: https://www.legislation.gov.uk/uksi/2016/1101/regulation/47 (the official version)
Page: https://openlegislation.uk/electrical-equipment-safety-regulations-2016/regulation-47
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.