Transitional provision in relation to EU ExitE+W+S
This section has no associated Explanatory Memorandum
41. After regulation 89 insert—
“Transitional provisions in relation to EU Exit
89A.—(1) In this regulation, “pre-exit period” means the period beginning on the commencement date and ending immediately before [IP completion day].
(2) Subject to paragraph (3), where a product was made available on the market or put into service during the pre-exit period, despite the amendments made by Schedule 28 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 , any obligation to which a person was subject under these Regulations as they had effect immediately before [IP completion day], continues to have effect as it did immediately before [IP completion day], in relation to that product.
(3) Paragraph (2) does not apply to—
(a)any obligation of any enforcing authority to inform the European Commission or a member State of any matter; or
(b)any obligation to take action outside of the market in respect of the product.
(4) Where during the pre-exit period—
(a)a product has not been placed on the market; and
(b)the manufacturer has taken any action under regulation 42 or a person has taken action under regulation 43(2) or (3), as those provisions had effect immediately before [IP completion day] in relation to that product,
that action has effect as if it had been done under regulation 42 or 43 as they have effect on and after [IP completion day].
(5) Where during the pre-exit period—
(a)a product has not been placed on the market or put into service; and
(b)the private importer or a person to whom regulation 43(2) applies, has taken any action under Schedule 5 as it had effect immediately before [IP completion day] in relation to that product,
that action has effect as if it had been done under Schedule 5 as it has effect on and after [IP completion day].”.
Textual Amendments
Commencement Information
Marginal Citations