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SCHEDULE 28E+W+SAmendment of the Recreational Craft Regulations 2017 and related amendment

PART 1E+W+SAmendment to the Recreational Craft Regulations 2017

Transitional provision in relation to EU ExitE+W+S

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 [F1IP 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 M1, any obligation to which a person was subject under these Regulations as they had effect immediately before [F1IP completion day], continues to have effect as it did immediately before [F1IP 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 [F1IP 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 [F1IP 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 [F1IP 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 [F1IP completion day]..

Textual Amendments

F1Words in Sch. 28 para. 41 substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(q)(vi)

Commencement Information

I1Sch. 28 para. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations