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The Recreational Craft Regulations 2017
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- UK Statutory Instruments
- 2017 No. 737
- PART 5
- Regulation 69
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Enforcement action in respect of products that are not in conformity and which present a riskE+W+S
This section has no associated Explanatory Memorandum
69.—(1) Where in the course of the evaluation referred to in regulation 68 (evaluation of product presenting a risk), an enforcing authority finds that the product is not in conformity with Part 2 of these Regulations it must, without delay, require a relevant economic operator to—
(a)take the appropriate corrective action to bring the product into conformity with those requirements within a prescribed period;
(b)withdraw the product within a prescribed period; or
(c)recall the product within a prescribed period.
(2) The enforcing authority must inform [F1any approved] body that carried out the conformity assessment in relation to the product of—
(a)the respect in which the product is not in conformity with Part 2 ; and
(b)the actions which the market surveillance authority requires the relevant economic operator to take to bring the product into conformity with Part 2.
(3) Where the enforcing authority is not the Secretary of State and it considers that the non-conformity referred to in paragraph (1) is not restricted to products that have been placed or made available on the market in the United Kingdom, it must notify the Secretary of State of—
(a)the results of the evaluation; and
(b)the actions which it has required the economic operator to take.
F2(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—
(a)prohibit or restrict the product being made available on the market in the United Kingdom;
(b)withdraw the product from the United Kingdom market; or
(c)recall the product.
(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.
F3(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The [F4notice referred to in paragraph (6)] must include details about the product and, in particular—
(a)the information necessary to identify the product that is not in conformity;
(b)the origin of the product;
(c)the nature of the alleged lack of conformity and the risk involved;
(d)the nature and duration of the measures taken;
(e)the arguments put forward by the economic operator; and
(f)whether the failure of the product to conform with the requirements of Part 2 is due to—
(i)the failure of the product to meet the requirements of that Part and Schedule 1 relating to risk; or
(ii)shortcomings in [F5a designated standard referred to in regulation 41 (presumption of conformity) which confers] a presumption of conformity.
(9) In this regulation, “prescribed period” means a period which is—
(a)prescribed by the enforcing authority; and
(b)reasonable and commensurate with the nature of the risk presented by the product.
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
F1Words in reg. 69(2) 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. 28 para. 37(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 69(4) 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. 28 para. 37(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 69(7) 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. 28 para. 37(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 69(8) 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. 28 para. 37(c)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 69(8)(f)(ii) 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. 28 para. 37(c)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 69 in force at 3.8.2017, see reg. 1
Enforcement action in respect of products that are not in conformity and which present a riskN.I.
69.—(1) Where in the course of the evaluation referred to in regulation 68 (evaluation of product presenting a risk), an enforcing authority finds that the product is not in conformity with Part 2 of these Regulations it must, without delay, require a relevant economic operator to—
(a)take the appropriate corrective action to bring the product into conformity with those requirements within a prescribed period;
(b)withdraw the product [F6from Northern Ireland] within a prescribed period; or
(c)recall the product [F7from Northern Ireland] within a prescribed period.
(2) The enforcing authority must inform the notified body that carried out the conformity assessment in relation to the product of—
(a)the respect in which the product is not in conformity with Part 2 ; and
(b)the actions which the market surveillance authority requires the relevant economic operator to take to bring the product into conformity with Part 2.
(3) Where the enforcing authority is not the Secretary of State and it considers that the non-conformity referred to in paragraph (1) is not restricted to products that have been placed or made available on the market in [F8Northern Ireland], it must notify the Secretary of State of—
(a)the results of the evaluation; and
(b)the actions which it has required the economic operator to take.
(4) [F9Subject to paragraph (4A),] where the Secretary of State receives notice from an enforcing authority under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to [F10Northern Ireland], the Secretary of State must inform the European Commission and the other [F11relevant states] of—
(a)the results of the evaluation; and
(b)the actions which the enforcing authority has required the economic operator to take.
[F12(4A) Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.]
(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—
(a)prohibit or restrict the product being made available on the market in [F13Northern Ireland];
(b)withdraw the product from the [F14market in Northern Ireland]; or
(c)recall the product.
(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.
(7) Where the Secretary of State receives a notice under paragraph (6), or takes measures under paragraph (5), the Secretary of State must notify the European Commission and the other [F15relevant states] without delay.
(8) The notices referred to in paragraphs (6) and (7) must include details about the product and, in particular—
(a)the information necessary to identify the product that is not in conformity;
(b)the origin of the product;
(c)the nature of the alleged lack of conformity and the risk involved;
(d)the nature and duration of the measures taken;
(e)the arguments put forward by the economic operator; and
(f)whether the failure of the product to conform with the requirements of Part 2 is due to—
(i)the failure of the product to meet the requirements of that Part and Schedule 1 relating to risk; or
(ii)shortcomings in a harmonised standards referred to in regulation 41 (presumption of conformity) which confer a presumption of conformity.
(9) In this regulation, “prescribed period” means a period which is—
(a)prescribed by the enforcing authority; and
(b)reasonable and commensurate with the nature of the risk presented by the product.
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
Textual Amendments
F6Words in reg. 69(1) inserted (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. 15 para. 5(1)(a)(i)
F7Words in reg. 69(1) inserted (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. 15 para. 5(1)(a)(ii)
F8Words in reg. 69(3) 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. 15 para. 5(1)(b)
F9Words in reg. 69(4) inserted (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. 15 para. 5(1)(c)(i)
F10Words in reg. 69(4) 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. 15 para. 5(1)(c)(ii)
F11Words in reg. 69(4) 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. 15 para. 5(1)(c)(iii)
F12Reg. 69(4A) inserted (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. 15 para. 5(1)(d)
F13Words in reg. 69(5)(a) 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. 15 para. 5(1)(e)(i)
F14Words in reg. 69(5)(b) 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. 15 para. 5(1)(e)(ii)
F15Words in reg. 69(7) 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. 15 para. 5(1)(f)
Commencement Information
I2Reg. 69 in force at 3.8.2017, see reg. 1
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