The REACH Enforcement Regulations 2008

SECTION 2 Notices

14.  Where an authorised person has reasonable grounds for suspecting that a listed REACH provision has been contravened in relation to any goods, the authorised person may serve a notice (“ a suspension notice”).

15.  A suspension notice may prohibit the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified in the notice, from doing any of the following without the consent of an authorised person—

(a) supplying the goods;

(b) offering to supply them;

(c) agreeing to supply them or exposing them for supply.

16.  A suspension notice served by an authorised person in respect of any goods must—

(a) describe the goods in a manner sufficient to identify them;

(b) set out the grounds on which the authorised person suspects that a listed REACH provision has been contravened in relation to the goods; and

(c) state that, and the manner in which, the person on whom the notice is served may appeal against the notice.

17.  A suspension notice may require a person to keep the enforcing authority informed of the whereabouts throughout the period of the notice of any of those goods in which that person has an interest.

18.  Where a suspension notice has been served on any person in respect of any goods, no further such notice must be served on that person in respect of the same goods unless—

(a) proceedings against that person for an offence in respect of a contravention, in relation to the goods, of a listed REACH provision; or

(b) proceedings for the forfeiture of the goods,

are pending at the end of the period specified in the notice.

19.  A consent given by an authorised person for the purposes of paragraph 15 may impose such conditions on the doing of anything for which the consent is required as the authorised person considers appropriate.

20.  Where an authorised person serves a suspension notice in respect of any goods, the authorised person is liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the service of the notice if—

(a) there has been no contravention in relation to the goods of a listed REACH provision; and

(b) the exercise of the power is not attributable to any neglect or default by that person having an interest in the goods.

21.  Any disputed question as to the right to or the amount of any compensation payable under this section must be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.