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.