The Pyrotechnic Articles (Safety) Regulations 2010

Requirements regarding prohibitions, restrictions and withdrawalsU.K.

This section has no associated Explanatory Memorandum

38.—(1) Any measure taken by the Health and Safety Executive or an enforcement authority under these Regulations which has the effect of prohibiting or restricting the supply or withdrawal from the market of a pyrotechnic article must comply with the requirements in paragraph (2).

(2) The requirements are—

(a)the measure must state the exact grounds on which it is based;

(b)the party concerned must be informed, without delay, of—

(i)the measure,

(ii)the remedies available to that party, and

(iii)the time limits to which the remedies are subject; and

(c)subject to paragraph (3), the party concerned must have an opportunity to put forward its views in advance.

(3) The requirement in paragraph (2)(c) does not apply if consultation is not possible because of the urgency of the measure to be taken, as justified in particular by public health or safety requirements.

Commencement Information

I1Reg. 38 in force at 4.7.2010 for specified purposes, see reg. 1(3)

I2Reg. 38 in force at 4.7.2013 in so far as not already in force, see reg. 1(2)