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Section 12 Duty to maintain recordsI1I2

United Kingdom

(1)

A manufacturer of a relevant connectable product must maintain a record of—

(a)

any investigations carried out by the manufacturer in relation to a compliance failure or suspected compliance failure (whether or not as a result of information received as mentioned in section 10(1)(a));

(b)

any compliance failures relating to the product.

(2)

A record of an investigation must contain the following information—

(a)

the outcome of the investigation;

(b)

where the manufacturer determined that there was a compliance failure, details of that compliance failure;

(c)

any steps taken by the manufacturer to remedy the compliance failure and whether or not those steps were successful.

(3)

A record of a compliance failure must contain the following information—

(a)

details of the compliance failure;

(b)

any steps taken by the manufacturer to remedy the compliance failure and whether or not those steps were successful.

(4)

A record of an investigation or a compliance failure must be retained for a period of 10 years beginning with the day on which the record is made.

(5)

In a case where there is more than one manufacturer in relation to a product, the duty of each of those manufacturers to maintain a record under this section may be met by those manufacturers jointly maintaining a single record.

(6)

In this section “compliance failure” means a failure by a manufacturer of the product to comply with a relevant security requirement relating to the product.

Annotations

Commencement

I1

S. 12 not in force at Royal Assent, see s. 79

I2

S. 12 in force at 29.4.2024 by S.I. 2023/469, reg. 3