Regulation 59 Enforcement action in respect of pyrotechnic articles which are in conformity, but present a riskE1

England, Wales and Scotland

(1)

Where, having carried out an evaluation under regulation 56, an enforcing authority finds that although a pyrotechnic article is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—

(a)

ensure that the pyrotechnic article concerned, when placed on the market, no longer presents a risk;

(b)

withdraw the pyrotechnic article within a prescribed period; or

(c)

recall the pyrotechnic article within a prescribed period.

(2)

Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

F1(3)

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

(4)

The F2notice referred to in paragraph (2) must include details about the pyrotechnic article and, in particular—

(a)

the data necessary for the identification of the pyrotechnic article concerned;

(b)

the origin and the supply chain of the pyrotechnic article;

(c)

the nature of the risk involved; and

(d)

the nature and duration of the measures taken by the enforcing authority.

(5)

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: Reg. 59(3) 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. 31(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: Words in reg. 59(4) 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. 31(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)

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