Paragraph 1 Offences and penalties

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 3 para. 1(2) substituted by Energy Information and Energy Efficiency 2001 reg. 11(5)(a)
Sch. 3 para. 2(2)-(4) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(i)
Sch. 3 para. 3(2) words omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(ii)
Sch. 3 para. 3(3)-(5) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(iii)
Sch. 3 para. 6-8 omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(iv)
Sch. 3 para. 15(3)(i) word omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(v)
Sch. 3 para. 15(3)(j) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(v)
Sch. 3 para. 15(5)(f) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(vi)
Sch. 3 para. 19 omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(vii)
Sch. 3 para. 15(3)(b) revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 30(2)

(1)

It shall be an offence to contravene any of the following provisions of these Regulations—

regulation 4(1) (suppliers' duties in respect of appliances);
regulation 4(5)(b) (suppliers' duty in respect of documents etc. accompanying appliances);
regulation 5(1) (duty to draw up the EC declaration of conformity);
regulation 5(2) (prohibition of false declaration of conformity);
regulation 5(3) (duty to keep declaration of conformity with technical documentation);
regulation 6(1) (duty to establish technical documentation);
regulation 6(4) (duty to keep technical documentation etc. available for inspection);
regulation 6(5) (duty to furnish technical documentation etc. on request by enforcement authority);
regulation 7(a) (prohibition on affixing EC mark to non-complying appliance);
regulation 7(b) (prohibition on affixing misleading marking to appliance);
regulation 7(c) (prohibition on affixing to appliance any object etc. which reduces the visibility or legibility of the EC mark);
paragraph 5(1)(a) of this Schedule (prohibition of obstruction of authorised officer);
paragraph 5(1)(b) of this Schedule (prohibition of failure to comply with proper requirement of authorised officer);
paragraph 5(1)(c) of this Schedule (prohibition of failure without reasonable cause to give assistance or information to authorised officer);
paragraph 5(2)(a) of this Schedule (prohibition on knowingly making false statement to authorised officer);
paragraph 5(2)(b) of this Schedule (prohibition on recklessly making false statement to authorised officer);
paragraph 11(8) of this Schedule (prohibition of purported search and seizure by unauthorised person);
paragraph 15(1) of this Schedule (restrictions on disclosure of information).

(2)

A person guilty of the offence of contravening paragraph 15(1) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale applicable to offences triable only summarily or, on conviction on indictment, to a fine.

(3)

A person guilty of any other offence specified in sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.