OpenLegislation

Paragraph 2 Withdrawal noticeE1

England, Wales and Scotland

(1)

An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing that—

(a)

the pyrotechnic article has been made available on the market; and

(b)

there is non-compliance.

(2)

A withdrawal notice must prohibit the relevant economic operator from making the pyrotechnic article available on the market without the consent of the enforcing authority.

(3)

A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the pyrotechnic article.

(4)

A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any pyrotechnic article referred to in the notice.

(5)

A consent given by the enforcing authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the enforcing authority considers appropriate.

(6)

Subject to sub-paragraph (7), an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.

(7)

An enforcing authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

(8)

A withdrawal notice has effect throughout the United Kingdom.

Annotations

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