The Radio Equipment Regulations 2017

Enforcement powers

57.—(1) For the purposes of enforcing these Regulations, Schedule 10 (enforcement and investigatory powers) applies.

(2) Where the enforcing authority has reasonable grounds to suspect that the CE marking has been affixed to radio equipment which does not satisfy the essential requirements, it may serve a compliance notice on—

(a) the manufacturer, if the manufacturer is established in the United Kingdom,

(b) the manufacturer’s authorised representative in the United Kingdom, or

(c) the importer.

(3) Where a compliance notice is served in accordance with paragraph (2), no other notice as referred to in Part 2 of Schedule 10 can be issued and no proceedings pursuant to regulation 63 (enforcement action in respect of formal non-compliance) can be brought, until the person on whom that notice has been served has failed to comply with its requirements.

(4) A compliance notice must—

(a) state that the enforcing authority suspects that the CE marking has been affixed pursuant to regulation 44 (CE marking) in circumstances where that radio equipment does not comply with the requirements of these Regulations,

(b) state the reasons for that suspicion,

(c) identify the requirements with which it is suspected that the radio equipment does not comply,

(d) specify a date by which any necessary action to remedy non-compliance must have been taken,

(e) require the person on whom the notice is served to—

(i) take the necessary action to ensure that the radio equipment to which the notice relates conforms with the requirements of these Regulations and RAMS concerning the CE marking and to end the infringement by the date specified in the notice, or

(ii) to provide evidence, by the date specified in the notice, that demonstrates to the satisfaction of the enforcement authority that all provisions of these Regulations which apply to the radio equipment have been complied with, and

(f) warn the person on whom the notice is served that if the radio equipment does not comply with the requirements of these Regulations by the date specified in the notice, further enforcement action may be taken under these Regulations in respect of the radio equipment referred to in the notice or any radio equipment of the same type placed on the market by that person.

(5) A compliance notice may include directions as to the measures to be taken by the person upon whom it is served in order to ensure that the radio equipment complies with the requirements of these Regulations which apply to it, by the date specified in the notice.

(6) In this regulation, “enforcement officer” means—

(a) an officer of an enforcing authority who is authorised in writing by that authority to act as an enforcement officer for the purposes of this Part,

(b) a person appointed by the Secretary of State who is authorised in writing by the Secretary of State to act as an enforcement officer for the purposes of this Part.