OpenLegislation

Paragraph 2 Withdrawal noticeI1

England, Wales and Scotland

(1)

The market surveillance authority may serve a withdrawal notice on a relevant economic operator in respect of a product if the authority has reasonable grounds for believing that—

(a)

the product has been made available on the market; and

(b)

there is non-compliance.

(2)

A withdrawal notice must prohibit the relevant economic operator from making the product available on the market without the consent of the market surveillance authority.

(3)

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

(4)

A withdrawal notice may require the relevant economic operator to keep the market surveillance authority informed of the whereabouts of any product referred to in the notice.

(5)

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

(6)

Subject to sub-paragraph (7), the market surveillance authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.

(7)

The market surveillance authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

(8)

A withdrawal notice has effect throughout Great Britain.

Annotations

Commencement

I1

Sch. 5 para. 2 in force at 8.12.2016, see reg. 1(1)