Paragraph 2 Withdrawal noticeE1
England, Wales and Scotland
An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of a vessel if the authority has reasonable grounds for believing that—
the vessel has been made available on the market; and
there is non-compliance.
A withdrawal notice must prohibit the relevant economic operator from making the vessel available on the market without the consent of the enforcing authority.
A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the vessel.
A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any vessel referred to in the notice.
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.
Subject to paragraph (7), an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.
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.
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
Notes on the whole SI
Textual amendments
- F1
- 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.