OpenLegislation

Paragraph 2 Withdrawal notice

(1)

An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of electrical equipment if the authority has reasonable grounds for believing that—

(a)

the electrical equipment has been made available on the market; and

(b)

either of the following conditions are met—

(i)

the electrical equipment presents a risk; or

(ii)

the electrical equipment is not in conformity with the requirements of these Regulations or RAMS (in its application to electrical equipment).

(2)

A withdrawal notice must prohibit the relevant economic operator from making the electrical equipment available on the market without the consent of the enforcing authority.

(3)

A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the electrical equipment.

(4)

A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any electrical equipment referred to in the notice.

(5)

A consent given by the enforcing authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the enforcing authority considers appropriate.