# The General Product Safety Regulations 2005, Regulation 28: Power of Secretary of State to obtain information


(1) If the Secretary of State considers that, for the purposes of deciding whether to serve a safety notice, or to vary or revoke a safety notice which he has already served, he requires information or a sample of a product he may serve on a person a notice requiring him:
(a) to furnish to the Secretary of State, within a period specified in the notice, such information as is specified;
(b) to produce such records as are specified in the notice at a time and place so specified (and to produce any such records which are stored in any electronic form in a form in which they are visible and legible) and to permit a person appointed by the Secretary of State for that purpose to take copies of the records at that time and place;
(c) to produce such samples of a product as are specified in the notice at a time and place so specified.
(2) A person shall be guilty of an offence if he—
(a) fails, without reasonable cause, to comply with a notice served on him under paragraph (1); or
(b) in purporting to comply with a requirement which by virtue of paragraph (1)(a) or (b) is contained in such a notice—
(i) furnishes information or records which he knows are false in a material particular, or
(ii) recklessly furnishes information or records which are false in a material particular.
(3) A person guilty of an offence under paragraph (2) shall—
(a) in the case of an offence under sub-paragraph (a) of that paragraph, be liable on summary conviction to a fine not exceeding level 5 on the standard scale; and
(b) in the case of an offence under sub-paragraph (b) of that paragraph, be liable—
(i) on conviction on indictment, to a fine;
(ii) on summary conviction, to a fine not exceeding the statutory maximum.

---
Source: https://www.legislation.gov.uk/uksi/2005/1803/regulation/28 (the official version)
Page: https://openlegislation.uk/general-product-safety-regulations-2005/regulation-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

