OpenLegislation

Regulation 18 Enforcement NoticesF1I1

United Kingdom

(1)

F2Subject to paragraphs (2) and (5), Schedule 9 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.

(2)

Except in the case of apparatus which, in the opinion of an enforcement authority, is liable to endanger the safety of persons and, where appropriate, of property, where an enforcement authority has reasonable grounds for suspecting that the CE marking has been affixed to apparatus in relation to which any provision of these Regulations has not been complied with, it may serve notice in writing on—

(a)

the manufacturer of the apparatus or his authorised representative established within the F3European Union; or

(b)

in a case where neither the manufacturer of the apparatus nor his authorised representative established within the European Union has placed the apparatus on the market, the person who places it on the market in the United Kingdom;

and subject to paragraph (3), no other action pursuant to Schedule 9 may be taken in respect of apparatus until such notice has been given and the person to whom it is given has failed to comply with its requirements.

(3)

Notwithstanding the provisions of paragraph (2), for the purpose of ascertaining whether or not the CE marking has been correctly affixed, action may be taken pursuant to F4paragraph 8 of Schedule 9.

(4)

A notice which is given under paragraph (2) shall—

(a)

state that the enforcement authority suspects that the CE marking has not been correctly affixed to the apparatus;

(b)

specify the respect in which it is so suspected and give particulars thereof;

(c)

require the person to whom the notice is given—

(i)

to secure that any apparatus to which the notice relates conforms as regards the provisions concerning the correct affixation of the CE marking within such period as may be specified in the notice; or

(ii)

to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking has been correctly affixed; and

(d)

warn that person that if the non-conformity continues after, or if satisfactory evidence has not been provided within, the period specified in the notice, further action may be taken under the Regulations in respect of that apparatus or apparatus of the same type placed on the market by that person.

(F55)

sections 94–97 F6and section 98(1)–(3) of the Communications Act 2003 shall apply for the purposes of the enforcement of regulations 7 and 13 above as if the requirements in those regulations were conditions set under section 45 of that Act.

Annotations

Textual amendments

F1

Regulations revoked (with savings) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 78(1) (with regs. 3-5, 77, 78(2)); and Regulations (as saved) modified (E.W.S.) (31.12.2020) by S.I. 2017/1206, reg. 78(2)(2A) (as amended by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 45(3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1))

F2

Words in reg. 18(1) substituted (25.7.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (S.I. 2003/1903), regs. 1, 2(12)(a)

F3

Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F4

Words in reg. 18(3) substituted (29.12.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment No. 2) Regulations 2003 (S.I. 2003/3144), regs. 1, 2(6)(a)

F5

Reg. 18(5) inserted (25.7.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (S.I. 2003/1903), regs. 1, 2(12)(b)

F6

Words in reg. 18(5) inserted (29.12.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment No. 2) Regulations 2003 (S.I. 2003/3144), regs. 1, 2(6)(b)

Commencement

I1

Reg. 18 in force at 8.4.2000, see reg. 1(1)