Section 3 Enforcement of product regulationsI1

United Kingdom

(1)

Product regulations may designate one or more persons as a relevant authority.

(2)

Product regulations may only designate a person under subsection (1) if the person exercises functions of a public nature.

(3)

Product regulations may make provision conferring on a relevant authority one or more of the following functions—

(a)

monitoring compliance with product regulations;

(b)

investigating suspected non-compliance with product regulations;

(c)

securing compliance with product regulations;

(d)

mitigating the effect of non-compliance with product regulations.

(4)

Product regulations may include provision—

(a)

conferring power on a relevant authority to appoint inspectors to carry out functions under the regulations;

(b)

conferring functions on a relevant authority or an inspector, including—

(i)

power to enter, inspect and search premises;

(ii)

power to seize and retain products or evidence of non-compliance with product regulations;

(iii)

power to require a person to retain or provide a document or information;

(iv)

power to dispose of a product or require a person to dispose of a product.

(5)

Product regulations may not authorise entry into premises used wholly or mainly as a dwelling without a warrant issued by—

(a)

in England and Wales, a justice of the peace;

(b)

in Scotland, a sheriff, summary sheriff or a justice of the peace;

(c)

in Northern Ireland, a lay magistrate.

(6)

Provision described in subsection (3)(c) or (d) may include provision conferring power on a relevant authority by notice to require a person to do or cease to do something, including power to—

(a)

require a person to warn others of risks presented by a product;

(b)

require the marking of a product in respect of risks presented by it;

(c)

prohibit the marketing or use of a product;

(d)

require the recall of a product or its withdrawal from the market.

(7)

Product regulations may make provision for or in connection with sanctions for—

(a)

non-compliance with product regulations;

(b)

non-compliance with a notice issued by a relevant authority under powers conferred by product regulations;

(c)

obstruction of, or failure to assist or co-operate with, a relevant authority or an inspector;

(d)

provision of false or misleading information to a relevant authority or an inspector.

(8)

Product regulations may include—

(a)

provision for a relevant authority to accept undertakings relating to compliance with product regulations instead of taking other action;

(b)

provision for sanctions for non-compliance with such undertakings;

(c)

provision for the forfeiture of products by court order (or, in Scotland, order of the sheriff).

(9)

Provision described in subsection (7) or (8)(b) may include—

(a)

provision creating, or widening the scope of, criminal offences;

(b)

in relation to England and Wales and Northern Ireland, provision for the prosecution by a relevant authority of criminal offences created or widened under paragraph (a);

(c)

provision conferring power on a relevant authority to impose civil sanctions (including fines).

(10)

Product regulations may make provision about appeals to a court or tribunal.

(11)

Where product regulations contain provision creating a criminal offence, the provision must have the effect that—

(a)

the offence is—

(i)

triable summarily only, or

(ii)

triable summarily or on indictment;

(b)

a person guilty of the offence is liable on summary conviction—

(i)

in England and Wales, to a fine or imprisonment for a term not exceeding 3 months, or to both;

(ii)

in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding 3 months, or to both;

(c)

a person guilty of the offence is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.

Annotations

Commencement

I1: S. 3 in force at Royal Assent, see s. 15(2)