PART 1Product security
CHAPTER 2Duties of relevant persons, etc
Duties of importers
20Duty to maintain records of investigations
1
An importer of a relevant connectable product must maintain a record of—
a
any investigations carried out by the importer (whether or not as a result of information received as mentioned in section 17(1)(a)) in relation to a compliance failure, or suspected compliance failure, by—
i
the importer, or
ii
a manufacturer of the product;
b
any investigations of which the importer is aware that have been carried out by a manufacturer of the product in relation to a compliance failure, or suspected compliance failure, by the manufacturer.
2
A record of an investigation must contain the following information—
a
the outcome of the investigation;
b
where it was determined that there was a compliance failure, details of that compliance failure;
c
any steps taken by the importer or the manufacturer (as the case may be) to remedy the compliance failure and whether or not those steps were successful.
3
An importer is not to be regarded as having failed to comply with the duty imposed by subsection (1)(b) to maintain a record of an investigation carried out by a manufacturer if—
a
the record of the investigation does not contain all of the information required by subsection (2),
b
the missing information may only be obtained from the manufacturer, and
c
the importer has taken reasonable steps to obtain that information from the manufacturer.
4
A record of an investigation must be retained for a period of 10 years beginning with the day on which the record is made.
5
In this section “compliance failure”, in relation to a product, means a failure to comply with a relevant security requirement relating to the product.