Duty to take action in respect of apparatus placed on the market or made available on the market which is considered not to be in conformityE+W+S
30.—(1) A distributor who considers or has reason to believe that apparatus that the distributor has made available on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—
(a)bring the apparatus into conformity;
(b)to withdraw the apparatus; or
(c)recall the apparatus.
(2) Where the apparatus presents a risk, the distributor must immediately inform the market surveillance authority F1... of the risk, giving details of—
(a)the respect in which the apparatus is not considered to be in conformity with Part 2; and
(b)any corrective measures taken.
Extent Information
E1This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 30(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. 20 para. 19 (with Sch. 20 para. 33) (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 apparatus placed on the market or made available on the market which is considered not to be in conformityN.I.
30.—(1) A distributor who considers or has reason to believe that apparatus that the distributor has made available on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—
(a)bring the apparatus into conformity;
(b)to withdraw the apparatus; or
(c)recall the apparatus.
(2) Where the apparatus presents a risk, the distributor must immediately inform the market surveillance authority and the competent authorities of any other [F2relevant state] in which the distributor has made the apparatus available on the market of the risk, giving details of—
(a)the respect in which the apparatus is not considered to be in conformity with Part 2; and
(b)any corrective measures taken.
Textual Amendments
F2Words in reg. 30(2) 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. 8 para. 3(2)