Regulation 19 Temporary prohibition of sale or useF1I1
United Kingdom
Where the Secretary of State is satisfied that instruments constructed according to a pattern in respect of which an EEC pattern approval granted by a member State F2other than the United Kingdom is in force reveal in service a defect of a general nature which makes them unsuitable for their intended use, he may issue a prohibition notice under this Regulation with respect to instruments of that pattern.
Where the Secretary of State is satisfied, in the case of any instruments which are exempt from EEC initial verification on the basis that they are constructed in accordance with a pattern to which an EEC pattern approval granted by a member State F3other than the United Kingdom relates, that they do not conform to the pattern in question or do not conform to the requirements of the relevant Directive, he may by notice require the manufacturer to ensure that any such instrument shall thereafter conform to that pattern or those requirements, or both, as the case may require; and if the manufacturer fails to comply with the notice within such period of time as may appear to the Secretary of State to be reasonable, the Secretary of State may issue a prohibition notice under this Regulation with respect to instruments of the pattern in question.
Regulation 17 above shall apply, with the necessary modifications, so long as a prohibition notice issued under this Regulation is in force with respect to instruments of any pattern, as it applies in a case where pattern approval is revoked by the Secretary of State.
A prohibition notice under this Regulation shall give particulars of the pattern to which it relates.
The Secretary of State may withdraw a prohibition notice at any time.
If The Secretary of State issues a prohibition notice under this Regulation he shall give a statement in writing of his grounds for doing so to any person appearing to him to be concerned.
The Secretary of State shall cause to be published–
any prohibition notice issued under this Regulation; and
notice of withdrawal of any such prohibition notice.
Annotations
Textual amendments
- F1
Regulations revoked with savings (1.12.2015) by The Weights and Measures (Revocations) Regulations 2015 (S.I. 2015/356), reg. 1(2)(b), Sch. Pt. 2 para. 3 (with Sch. Pt. 2 para. 5 (as amended on IP completion day by S.I. 2019/696, reg. 1, Sch. 17 para. 1(3)))
- F2
Words in reg. 19(1) 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. 5 para. 1(2)(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in reg. 19(2) 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. 5 para. 1(2)(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)