The Gas Appliances (Safety) Regulations 1992

Failure to comply with Regulations: powers of notified bodies

23.—(1) If, after carrying out its functions under regulation 22, a notified body is satisfied—

(a) that—

(i) an EC mark has been wrongly affixed to an appliance under these Regulations, or

(ii) a fitting certificate has been wrongly issued in respect of a fitting, because it has not been manufactured wholly in accordance with an approved type; or

(b) that an appliance or a fitting does not satisfy the essential requirements; or

(c) that a manufacturer who has issued an EC declaration of conformity to type has not carried out the obligations placed on him by these Regulations; or

(d) that all necessary information has not been kept available by the manufacturer for inspection in accordance with regulation 22 above,

it shall give notice to the manufacturer specifying the matters mentioned in paragraph (2) below.

(2) The following matters shall be specified in a notice given under paragraph (1) above—

(a) the respects in which—

(i) an appliance or fitting does not conform with an approved type, or

(ii) an appliance or fitting does not comply with the essential requirements, or

(iii) the manufacturer has failed to carry out his obligations under these Regulations, or

(iv) the manufacturer has failed to keep necessary information available for inspection;

(b) that, unless within such period as may be specified in the notice, steps are taken which ensure—

(i) that the appliance or fitting or any appliance or fitting of the same type does so conform or comply,

(ii) that the manufacturer does so act, or

(iii) that the necessary information is kept available for inspection within a specified period,

any EC type-examination certificate issued under regulation 10, any approval of a quality system under regulation 14, any EC verification issued under regulation 17 or 18 or any EC unit verification issued under regulation 19 will be suspended; and

(c) if the notified body thinks fit, that any such certificate, approval or verification shall be suspended forthwith.

(3) If the notified body decides that any such certificate, approval or verification should be suspended, it shall immediately—

(a) give notice of the decision to the manufacturer; and

(b) inform the Secretary of State and all other notified bodies of the decision.

(4) A notice under this regulation shall be in writing and shall—

(a) specify the date on which it is to take effect; and

(b) specify the grounds for the decision.