C2C6 Part II Consumer Safety
Pt. II applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 53(3)
C1C3C4C8C10C11C7C9C12C13C14C15C1614C6 Suspension notices.
1
Where an enforcement authority has reasonable grounds for suspecting that any safety provision has been contravened in relation to any goods, the authority may serve a notice ( “a suspension notice”) prohibiting the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified therein, from doing any of the following things without the consent of the authority, that is to say, supplying the goods, offering to supply them, agreeing to supply them or exposing them for supply.
2
A suspension notice served by an enforcement authority in respect of any goods shall—
a
describe the goods in a manner sufficient to identify them;
b
set out the grounds on which the authority suspects that a safety provision has been contravened in relation to the goods; and
c
state that, and the manner in which, the person on whom the notice is served may appeal against the notice under section 15 below.
3
A suspension notice served by an enforcement authority for the purpose of prohibiting a person for any period from doing the things mentioned in subsection (1) above in relation to any goods may also require that person to keep the authority informed of the whereabouts throughout that period of any of those goods in which he has an interest.
4
Where a suspension notice has been served on any person in respect of any goods, no further such notice shall be served on that person in respect of the same goods unless—
a
proceedings against that person for an offence in respect of a contravention in relation to the goods of a safety provision (not being an offence under this section); or
b
proceedings for the forfeiture of the goods under section 16 or 17 below,
are pending at the end of the period specified in the first-mentioned notice.
5
A consent given by an enforcement authority for the purposes of subsection (1) above may impose such conditions on the doing of anything for which the consent is required as the authority considers appropriate.
C56
Any person who contravenes a suspension notice shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding F1three months or to a fine not exceeding level 5 on the standard scale or to both.
7
Where an enforcement authority serves a suspension notice in respect of any goods, the authority shall be liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the service of the notice if—
a
there has been no contravention in relation to the goods of any safety provision; and
b
the exercise of the power is not attributable to any neglect or default by that person.
8
Any disputed question as to the right to or the amount of any compensation payable under this section shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
Part II : definition of "supply" applied (E.W.)(1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(6), 17(2)