Paragraph 17 Specific amendments

For regulation 28 there shall be substituted—

“28

(1)

Subject to paragraph (2) below, Schedule 6 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 relevant machinery which, in the opinion of an enforcement authority, is not safe, where an enforcement authority has reasonable grounds for suspecting that the CE marking has not been properly affixed to relevant machinery by the responsible person in accordance with regulation 25(1) above, it may give notice in writing to that person and, subject to paragraph (3) below, no action may be taken pursuant to Schedule 6 and no proceedings may be brought pursuant to regulation 29(a) below in respect of that machinery until such notice has been given and the responsible person to whom it has been given has failed to comply with its requirements.

(3)

Notwithstanding paragraph (2) above, for the purpose of ascertaining whether or not the CE marking has been affixed in accordance with regulation 25(1) above, action may be taken pursuant to the following provisions as they are applied by Schedule 6—

(a)

in Great Britain in relation to relevant machinery for use at work, section 20 of the Health and Safety at Work etc. Act 1974^f1;

(b)

in Northern Ireland in relation to relevant machinery for use at work, Article 22 of the Health and Safety at Work (Northern Ireland) Order 1978^f2; and

(c)

in relation to relevant machinery as goods for private use and consumption, section 29 of the Consumer Protection Act 1987^f3.

(4)

Notice which is given under paragraph (2) above shall—

(a)

state that the enforcement authority suspects that the CE marking has not been properly affixed to relevant machinery in accordance with regulation 25(1) above;

(b)

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

(c)

require the responsible person—

(i)

to secure that any relevant machinery to which the notice relates conforms as regards the provisions concerning the proper 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 that enforcement authority, that the CE marking has been properly affixed; and

(d)

warn the responsible person that if the non-conformity continues (or if satisfactory evidence has not been provided) within the period specified in the notice, further action may be taken under the Regulations.”.