Regulation 61 Enforcement action in respect of vessels which are in conformity, but which present a riskE1

England, Wales and Scotland

(1)

Where, having carried out an evaluation under regulation 58 (evaluation of vessels presenting a risk), an enforcing authority finds that although a vessel is in conformity with Part 2, it presents a risk to the health or safety of persons, to domestic animals or to property, the enforcing authority must require a relevant economic operator to take all appropriate measures to—

(a)

ensure that the vessel concerned, when placed on the market, no longer presents such a risk;

(b)

withdraw the vessel within a prescribed period; or

(c)

recall the vessel 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 all available details and, in particular—

(a)

the data necessary for the identification of the vessel;

(b)

the origin and the supply chain of the vessel;

(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—

(a)

is prescribed by the enforcing authority; and

(b)

is reasonable and commensurate with the nature of the risk presented by the vessel.

Annotations

Textual amendments

F1: Reg. 61(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. 21 para. 34(a) (with Sch. 21 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 61(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. 21 para. 34(b) (with Sch. 21 para. 37) (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

Notes on the whole SI

Textual amendments

F1: S.I. 1989/1327.
F2: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).
F3: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.