PART 1Product security
CHAPTER 2Duties of relevant persons, etc
Duties of importers
18Duties to take action in relation to importer’s compliance failure
1
This section applies if, at any time after an importer of a relevant connectable product makes it available to a customer in the United Kingdom—
a
the importer becomes aware, or ought to be aware, of a compliance failure in relation to the product, and
b
the importer is aware, or ought to be aware, that the product is a UK consumer connectable product.
2
The importer must, as soon as is practicable, take all reasonable steps to remedy the compliance failure.
3
The importer must notify the persons listed in subsection (4) of the compliance failure as soon as possible.
4
The persons referred to in subsection (3) are—
a
the enforcement authority, and
b
in a case where specified conditions are met, any customer in the United Kingdom to whom the importer supplied the product.
5
In subsection (4)(b) “specified” means specified in regulations made by the Secretary of State.
Regulations under this subsection are subject to the negative resolution procedure.
6
The notification under subsection (3) must include the following information—
a
details of the compliance failure;
b
any risks of which the importer is aware that are posed by the compliance failure;
c
any steps that have been taken by the importer to remedy the compliance failure and whether or not those steps have been successful.
7
In this section “compliance failure” means a failure by the importer to comply with a relevant security requirement relating to the product.