PART 2 U.K.Obligations of economic operators

Distributors U.K.

Duty to take action in respect of safety components for lifts made available on the market which are not in conformity with Part 2 E+W+S

40.—(1) A distributor, who considers, or has reason to believe, that a safety component for lifts which the distributor has made available on the market is not in conformity with Part 2, must make sure that the necessary corrective measures are taken to—

(a) bring that safety component for lifts into conformity;

(b) withdraw the safety component for lifts; or

(c) recall the safety component for lifts.

(2) Where the safety component for lifts presents a risk, the distributor must immediately inform the market surveillance authorityF1 ... of that risk, giving details of—

(a) the respect in which the safety component for lifts is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Words in reg. 40(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 22 para. 22 (with Sch. 22 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Duty to take action in respect of safety components for lifts made available on the market which are not in conformity with Part 2 N.I.

40.—(1) A distributor, who considers, or has reason to believe, that a safety component for lifts which the distributor has made available on the market is not in conformity with Part 2, must make sure that the necessary corrective measures are taken to—

(a) bring that safety component for lifts into conformity;

(b) withdraw the safety component for lifts; or

(c) recall the safety component for lifts.

(2) Where the safety component for lifts presents a risk, the distributor must immediately inform the market surveillance authority, and the competent national authorities of the [F2 relevant states] in which the distributor has made the safety component for lifts available on the market, of that risk, giving details of—

(a) the respect in which the safety component for lifts is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F2 Words in reg. 40 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 10 para. 3(10)