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Regulation 6 Periodic checks

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Secretary of State may from time to time carry out in Great Britain periodic checks of appliances which are for the time being held by or on behalf of the manufacturer, importer or other supplier of the appliances in respect of which steps have been taken to inform any person to whom te appliances are to be, or may be, marketed of the level of airborne noise emitted by the appliances in order to ascertain whether the level of airborne noise emitted by the appliances and specified in that information has been determined in accordance with the requirements of regulation 4 or of te Directive as implemented in the law of Northern Ireland or in the law of a member State other than the United Kingdom.

(2)

If the Secretary of State, after checking any appliances under paragraph (1) of this regulation, is satisfied that the level of airborne noise emitted by the appliances and specified in the information referred to in paragraph (1) of this regulation has not been determined in accordance with he requirements of regulation 4 or of the Directive as implemented in the law of Northern Ireland or in the law of a member State other than the United Kingdom, he may give notice of that fact to the manufacturer or importer of any of the appliances, or any appliance of the same batch, and such noice shall specify the matters mentioned in paragraph (3) of this regulation.

(3)

The matters to be specified in a notice given under paragraph (2) of this regulation are as follows —

(a)

the respects in which the level of airborne noise has not been determined in accordance with the requirements referred to in paragraph (2) of this regulation;

(b)

that unless within a specified period the manufacturer or importer takes such steps as are specified in the notice to ensure that none of the appliances so specified are marketed by him or any other person he shall within a further specified period take such steps as are so specified to ensure that the level of airborne noise contained in the information referred to in paragraph (1) of this regulation in respect of all such appliances is rectified so as to refer to the level as so determined.