PART 1Product security

CHAPTER 3Enforcement

Miscellaneous and supplementary

I1I251Liability of authorised representatives

1

This section applies where a manufacturer that is not established in the United Kingdom authorises a person in the United Kingdom, with the agreement of that person, to perform any of the duties listed in subsection (3) on behalf of the manufacturer.

2

In this Part “authorised representative”, in relation to a manufacturer, means a person authorised by the manufacturer as mentioned in subsection (1).

3

The duties referred to in subsection (1) are—

a

any duties under regulations made under section 9(6) (duties relating to statements of compliance);

b

the duties under section 11(2) and (3) (duties to take action in relation to compliance failures);

c

the duty under section 12(1) (duty to maintain records).

4

If the authorised representative fails to comply with the duty, the authorised representative may be proceeded against under this Part for failing to comply with the duty.

5

Subsection (4) does not affect the liability of the manufacturer under this Part for a failure to comply with the duty.