Yn ddilys o 30/10/2006
Compliance notice procedureU.K.
18.—(1) Where an enforcement authority establishes that, in the case of an automatic discontinuous totaliser that has been placed on the market or put into use, the CE marking or the M marking has, or both have, been affixed unduly, the following provisions of this regulation shall have effect.
(2) The enforcement authority shall serve a compliance notice on the manufacturer or his authorised representative which shall—
(a)be in writing;
(b)describe the automatic discontinuous totaliser to which it relates in a manner sufficient to identify that instrument;
(c)state that the enforcement authority is of the opinion that the CE marking or the M marking has, or both have, been affixed unduly to the instrument and give reasons for its opinion;
(d)require the person on whom the notice is served to end the infringement under conditions specified in the notice;
(e)specify the date, being not less than 21 days from the date of the notice, by which the infringement must be ended; and
(f)warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (e), the enforcement authority may take further action under regulation 19 in respect of the instrument.
(3) For the purposes of paragraph (1)—
(a)the CE marking shall be considered to have been affixed unduly if it is not compliant with the requirements of regulation 12(3)(a); and
(b)the M marking shall be considered to have been affixed unduly if it is not compliant with the requirements of regulation 12(3)(b).
(4) Where a compliance notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy to the Secretary of State.