Regulation 74 Enforcement action in cases of formal non-complianceE1

England, Wales and Scotland

(1)

Where an enforcing authority makes one of the following findings in relation to pressure equipment or an assembly, it must require a relevant economic operator to remedy the non-compliance within a specified period—

(a)

the F1UK marking—

(i)

has not been affixed; or

(ii)

has been affixed otherwise than in accordance with regulations 39 (Prohibition on improper use of UK marking) and 49 (UK marking);

(b)

where F2an approved body is involved in the production control phase for the pressure equipment or assembly, the identification number of F3the approved body—

(i)

has not been affixed; or

(ii)

has been affixed otherwise than in accordance with regulation 49;

(c)

the F4... declaration of conformity—

(i)

has not been drawn up;

(ii)

has been drawn up otherwise than in accordance with regulations 11 (... declaration of conformity and F5UK marking) and 48 (... declaration of conformity);

(d)

the technical documentation is either not available or not complete;

(e)

the following information is absent, false or incomplete—

(i)

the information specified in regulation 13 (labelling of pressure equipment and assemblies); or

(ii)

the information specified in regulation 14 (instructions and safety information);

(f)

any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.

(2)

Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned.

(3)

Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—

(a)

restrict or prohibit the pressure equipment or assembly being made available on the market;

(b)

ensure that the pressure equipment or assembly is withdrawn; or

(c)

ensure that the pressure equipment or assembly is recalled.

(4)

Nothing in this regulation is to prevent an enforcing authority from taking action under regulation 71 (enforcement action in respect of pressure equipment or assemblies which are not in conformity and which present a risk)F6... or 73 (pressure equipment or assemblies which are in conformity but present a risk).

Annotations

Textual amendments

F1: Word in reg. 74(1)(a) 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. 24 para. 40(a) (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 74(1)(b) substituted (E.W.S.) (31.12.2020) by S.I. 2019/696, Sch. 24 para. 40(aa)(i) (as inserted by The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1246), regs. 1(3), 14(b); 2020 c. 1, Sch. 5 para. 1(1))
F3: Words in reg. 74(1)(b) substituted (E.W.S.) (31.12.2020) by S.I. 2019/696, Sch. 24 para. 40(aa)(ii) (as inserted by The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1246), regs. 1(3), 14(b); 2020 c. 1, Sch. 5 para. 1(1))
F4: Word in reg. 74(1)(c) 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. 24 para. 40(b) (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5: Word in reg. 74(1)(c)(ii) 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. 24 para. 40(a) (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in reg. 74(4) 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. 24 para. 40(c) (with Sch. 24 para. 41) (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