PART IVENFORCEMENT
Compliance notice procedure19
1
Where an enforcement authority establishes that, in the case of a beltweigher that has been placed on the market or put into use, the CE marking or the M marking has, or both have, been affixed unduly, the following provisions of this regulation shall have effect.
2
The enforcement authority shall serve a compliance notice on the manufacturer or his authorised representative which shall—
a
be in writing;
b
describe the beltweigher to which it relates in a manner sufficient to identify that instrument;
c
state that the enforcement authority is of the opinion that the CE marking or the M marking has, or both have, been affixed unduly to the instrument and give reasons for its opinion;
d
require the person on whom the notice is served to end the infringement under conditions specified in the notice;
e
specify the date, being not less than 21 days from the date of the notice, by which the infringement must be ended; and
f
warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (e), the enforcement authority may take further action under regulation 20 in respect of that instrument.
3
For the purposes of paragraph (1)—
a
the CE marking shall be considered to have been affixed unduly if it is not compliant with the requirements of regulation 12(3)(a); and
b
the M marking shall be considered to have been affixed unduly if it is not compliant with the requirements of regulation 12(3)(b).
4
Where a compliance notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy to the Secretary of State.