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The Electrical Equipment (Safety) Regulations 2016
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- UK Statutory Instruments
- 2016 No. 1101
- PART 4
- Regulation 48
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Enforcement action in cases of formal non-complianceE+W+S
This section has no associated Explanatory Memorandum
48.—(1) Where an enforcing authority makes one of the following findings in relation to electrical equipment, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies—
(a)the [F1UK] marking—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulations 34 (Prohibition on improper use of [F1UK] marking) and 39 ([F1UK] marking);
(b)the F2... declaration of conformity—
(i)has not been drawn up; or
(ii)has been drawn up otherwise than in accordance with regulations 6 (F2... declaration of conformity and [F3UK] marking) and 38 (European UnionF2... declaration of conformity);
(c)the technical documentation is either not available or not complete;
(d)the following information is absent, false or incomplete—
(i)the information specified in regulation 8 (labelling of electrical equipment); or
(ii)the information specified in regulation 9 (instructions and safety information);
(e)any other administrative requirement provided for in regulation 6 or 8 has not been fulfilled.
(2) The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.
(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take all appropriate measures to—
(a)restrict or prohibit the electrical equipment being made available on the market;
(b)ensure that the electrical equipment is withdrawn; or
(c)ensure that the electrical equipment is recalled.
(4) This regulation does not apply where electrical equipment presents a risk.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Word in reg. 48(1)(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 28(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in reg. 48(1)(b) 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. 23 para. 28(b) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in reg. 48(1)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 28(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Enforcement action in cases of formal non-complianceN.I.
48.—(1) Where an enforcing authority makes one of the following findings in relation to electrical equipment, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies—
(a)the CE marking—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulations 34 (Prohibition on improper use of CE marking) and 39 (CE marking);
(b)the EU declaration of conformity—
(i)has not been drawn up; or
(ii)has been drawn up otherwise than in accordance with regulations 6 (EU declaration of conformity and CE marking) and 38 (EU declaration of conformity);
(c)the technical documentation is either not available or not complete;
(d)the following information is absent, false or incomplete—
(i)the information specified in regulation 8 (labelling of electrical equipment); or
(ii)the information specified in regulation 9 (instructions and safety information);
(e)any other administrative requirement provided for in regulation 6 or 8 has not been fulfilled.
(2) The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.
(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take all appropriate measures to—
(a)restrict or prohibit the electrical equipment being made available on the market;
(b)ensure that the electrical equipment is withdrawn; or
(c)ensure that the electrical equipment is recalled.
(4) This regulation does not apply where electrical equipment presents a risk.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
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