Paragraph 3 Notice of intentE1

England, Wales and Scotland

(1)

If the market surveillance authority proposes to recover its testing costs it must serve a notice of what is proposed (a “notice of intent”) within 20 days of obtaining proof that the product has failed to comply with F1a product-specific measure.

(2)

The notice of intent must include—

(a)

a statement that the product has been tested and has failed to comply with F2a product-specific measure;

(b)

details of the tests carried out;

(c)

the amount to be paid;

(d)

a detailed breakdown of the testing costs incurred; and

(e)

information as to—

(i)

the right to make representations and objections within 28 days beginning on the day on which the notice of intent was received;

(ii)

the circumstances in which the market surveillance authority may not recover its costs.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 3(1) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 3 para. 8; 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Sch. 3 para. 3(2)(a) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 3 para. 8; 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