Paragraph 5 Enforcement in Great BritainF1F2
United Kingdom
Suspension notices
Where an enforcement authority has reasonable grounds for suspecting that any regulation has been contravened in relation to any apparatus, the authority may serve a notice (“a suspension notice”) prohibiting the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified therein, from doing any of the following things without the consent of the authority, that is to say, supplying the apparatus, offering to supply it, agreeing to supply it or exposing it for supply.
A suspension notice served by an enforcement authority in respect of any apparatus shall—
describe the apparatus in a manner sufficient to identify it;
set out the grounds on which the authority suspects that a regulation has been contravened in relation to the apparatus; and
state that, and the manner in which, the person on whom the notice is served may appeal against the notice under paragraph 6 below.
A suspension notice served by an enforcement authority for the purpose of prohibiting a person for any period from doing the things mentioned in sub-paragraph (1) above in relation to any apparatus may also require that person to keep the authority informed of the whereabouts throughout that period of any of the apparatus in which he has an interest.
Where a suspension notice has been served on any person in respect of any apparatus, no further such notice shall be served on that person in respect of the same apparatus unless—
proceedings against that person for an offence in respect of a contravention in relation to the apparatus of a regulation (not being an offence under this sub-paragraph); or
proceedings for the forfeiture of the apparatus under paragraph 21 or 22 below,
are pending at the end of the period specified in the first-mentioned notice.
A consent given by an enforcement authority for the purposes of sub-paragraph (1) above may impose such conditions on the doing of anything for which the consent is required as the authority considers appropriate.
Any person who contravenes a suspension notice shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Where an enforcement authority serves a suspension notice in respect of any apparatus, the authority shall be liable to pay compensation to any person having an interest in the apparatus in respect of any loss or damage caused by reason of the service of the notice if—
there has been no contravention in relation to the apparatus of any regulation; and
the exercise of the power is not attributable to any neglect or default by that person.
Any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
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
Sch. 9 substituted (29.12.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment No. 2) Regulations 2003 (S.I. 2003/3144), regs. 1, 2(10)