OpenLegislation

Regulation 35 Provision of information and cooperationE1

England, Wales and Scotland

(1)

Further to a reasoned request from an enforcing authority F1..., a distributor, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.

(2)

A request referred to in paragraph (1)—

(a)

may only be made during the period of 10 years beginning on the day on which the radio equipment was made available on the market, and

(b)

must be accompanied by the reasons for making the request.

(3)

The information referred to in paragraph (1)—

(a)

may be provided in electronic form, and

(b)

must be in a language which can be easily understood by the F2enforcing authority.

(4)

A distributor must, at the request of the enforcing authority or F3..., cooperate with the authority on any action taken to—

(a)

evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk), and

(b)

eliminate the risks posed by radio equipment which the distributor has made available on the market.

Annotations

Textual amendments

F1

Words in reg. 35(1) 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. 29 para. 26(a) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in reg. 35(3)(b) 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. 29 para. 26(b) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in reg. 35(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. 29 para. 26(c) (with Sch. 29 para. 44) (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