Paragraph 13 Stop noticesE1

England, Wales and Scotland

(1)

The market surveillance authority may serve a notice (a “stop notice”) on any person—

(a)

in relation to an offence committed under regulation 11(1), prohibiting a person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice;

(b)

where the market surveillance authority is of the opinion that a person is likely to make available on the market a product which does not comply with F1a product-specific measure, a requirement to take such steps as the market surveillance authority may specify within such period as it may specify, to secure that its being made available on the market is prohibited or restricted.

(2)

A stop notice may only be served where the person is—

(a)

carrying on the activity, and

(b)

the market surveillance authority reasonably believes that—

(i)

the activity as carried on by that person involves or is likely to involve the commission of an offence under regulation 11(1); or

(ii)

that person is likely to make available on the market a product which does not comply with F2a product-specific measure.

(3)

The steps referred to in sub-paragraph (1)(a) and (b) must be steps to eliminate the risk of the offence being committed, or of products which do not comply with F3a product-specific measure being made available on the market.

Annotations

Textual amendments

F1: Words in Sch. 4 para. 13(1)(b) 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. 9(b); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Sch. 4 para. 13(2)(b)(ii) 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. 9(b); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Sch. 4 para. 13(3) 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. 9(b); 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