# The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016, Regulation 68: Action by the market surveillance authority

Extent: E+W+S

(1) The market surveillance authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—
(a) the market surveillance authority has been unable to identify any economic operator on whom to serve such a notice, or
(b) the economic operator on whom such a notice has been served has failed to comply with it.
(2) If the market surveillance authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the market surveillance authority in taking the action.
(3) A civil debt recoverable under paragraph (2) may be recovered summarily in England and Wales by way of a complaint pursuant to section 58 of the Magistrates’ Courts Act 1980.

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Source: https://www.legislation.gov.uk/uksi/2016/1107/regulation/68 (the official version)
Page: https://openlegislation.uk/equipment-and-protective-systems-intended-for-use-in-potentially-explosive-atmospheres-regulations-2016/regulation-68
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.