Amendment of regulation 23 (enforcement notices)
This section has no associated Explanatory Memorandum
18.—(1) Regulation 23 is amended in accordance with paragraphs (2) to (5).
(2) For “authorised person”, for each time that it appears, substitute “enforcing authority”.
(3) In paragraph (1), for sub-paragraph (c), substitute—
“(c)fails, where labelling for products and equipment is required under Article 12 of the 2014 Regulation, to comply with Article 2 of Commission Regulation 2015/2068 (labelling format);”.
(4) In paragraph (10), for each time that it appears, after “enforcing authority”, insert “which served the notice”.
(5) In paragraph (11)(c)—
(a)in head (i), for “Article 5 of Commission Regulation 303/2008”, substitute “Article 4 of Commission Regulation 2015/2067”;
(b)in head (ii), for “Article 4(3)(a) or (c) of Commission Regulation 303/2008”, substitute “Article 3(3)(b) or (4) of Commission Regulation 2015/2067”; and
(c)for head (iii), substitute—
“(iii)is exempt from holding such a certificate by virtue of Article 3(3)(a) of Commission Regulation 2015/2067 where the person is suitably qualified for the purposes of the essential safety requirements in paragraph 21(3) (permanent joining) of Part 3 of Schedule 2 to the Pressure Equipment (Safety) Regulations 2016();”.