Regulation 67 Enforcement action in respect of lifts and safety components for lifts which are in conformity, but present a riskE1

England, Wales and Scotland

(1)

Where, having carried out an evaluation under regulation 64, an enforcing authority finds that although a lift or a safety component for lifts is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—

(a)

in relation to a lift—

(i)

ensure that the lift concerned, when placed on the market, no longer presents a risk;

(ii)

recall the lift within a prescribed period; or

(iii)

prohibit or restrict the use of the lift within a prescribed period;

(b)

in relation to a safety component for lifts—

(i)

ensure that the safety component for lifts concerned, when placed on the market, no longer presents a risk;

(ii)

withdraw the safety component for lifts within a prescribed period; or

(iii)

recall the safety component for lifts within a prescribed period.

(2)

Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The F2notice referred to in paragraph (2) must include details about the lift or the safety component for lifts and, in particular—

(a)

the data necessary for the identification of the lift or the safety component for lifts concerned;

(b)

the origin and the supply chain of the lift or the safety component for lifts;

(c)

the nature of the risk involved; and

(d)

the nature and duration of the measures taken by the enforcing authority.

(5)

In this regulation, “prescribed period” means a period which is—

(a)

prescribed by the enforcing authority; and

(b)

reasonable and commensurate with the nature of the risk presented by the lift or the safety component for lifts.

Annotations

Textual amendments

F1: Reg. 67(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 35(a) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 67(4) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 35(b) (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 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