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Regulation 57 Enforcement action in respect of pyrotechnic articles which are not in conformity and which present a riskE1

England, Wales and Scotland

(1)

Where, in the course of the evaluation referred to in regulation 56, an enforcing authority finds that the pyrotechnic article is not in conformity with Part 2, it must, without delay, require a relevant economic operator to—

(a)

take appropriate corrective actions to bring the pyrotechnic article into conformity with those requirements within a prescribed period;

(b)

withdraw the pyrotechnic article within a prescribed period; or

(c)

recall the pyrotechnic article within a prescribed period.

(2)

The enforcing authority must inform the F1approved body which carried out the conformity assessment procedure in respect of the pyrotechnic article of—

(a)

the respect in which the pyrotechnic article is not in conformity with Part 2; and

(b)

the actions which the enforcing authority is requiring the relevant economic operator to take.

(3)

Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State of—

(a)

the results of the evaluation; and

(b)

the actions which it has required the economic operator to take.

F2(4)

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

(5)

Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a)

prohibit or restrict the pyrotechnic article being made available on the market in the United Kingdom;

(b)

withdraw the pyrotechnic article from the United Kingdom market; or

(c)

recall the pyrotechnic article.

(6)

Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

F3(7)

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

(8)

The F4notice in paragraph (6) must include details about the pyrotechnic article and, in particular—

(a)

the data necessary for the identification of the pyrotechnic article which is not in conformity with Part 2;

(b)

the origin of the pyrotechnic article;

(c)

the nature of the lack of conformity alleged and the risk involved;

(d)

the nature and duration of the measures taken;

(e)

the arguments put forward by the relevant economic operator; and

(f)

whether the lack of conformity is due to either of the following—

(i)

failure of the pyrotechnic article to meet requirements relating to a risk;

(ii)

shortcomings in the F5designated standards referred to in regulation 39 (presumption of conformity) conferring a presumption of conformity.

(9)

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 pyrotechnic article.

Annotations

Textual amendments

F1

Word in reg. 57(2) 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. 19 para. 29(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Reg. 57(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. 19 para. 29(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3

Reg. 57(7) 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. 19 para. 29(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in reg. 57(8) 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. 19 para. 29(c)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F5

Word in reg. 57(8)(f)(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. 19 para. 29(c)(ii) (with Sch. 19 para. 36) (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