Introductory Text
PART 1 Introductory
1.Citation and commencement
2.Interpretation
2A.Designated standards
PART 2 Restrictions on energy-related products, conformity assessments, declarations of conformity and the UK marking
3.Restrictions on energy-related products
4.Conformity assessments, declarations of conformity and the UK marking
4A.UK(NI) indication
4B.Register of UK notified bodies
5.Authorised representatives and importers
6.Displays of energy related products not restricted
PART 3 Presumption of conformity, misleading markings and documentation
7.Presumption of conformity
8.Misleading markings
9.Documentation for inspection
PART 4 Authorities and appeals
10.Notifying authority, competent authority and market surveillance authority
11.Appeals
PART 5 Enforcement
12.The market surveillance authority may authorise in writing such persons...
13.The following have effect— (a) Schedule 4 (warrants and testing...
PART 6 Offences and Penalties
14.Offences and penalties
15.Obstruction etc.
16.Time limit for prosecution of offences
17.Bodies corporate
18.Remediation orders
19.Recovery of expenses of enforcement
PART 7 Revocations, review, transitional provision and obligations which are met by complying with obligations in the Directive
20.Revocations
20A.Transitional provisions in relation to EU Exit
20B.Obligations met by complying with the Directive
20C. Expiry of regulation 20B
20D.Qualifying Northern Ireland Goods
21.(1) The Secretary of State must from time to time—...
PART 8 Implementing measures
22.Power of the Secretary of State to make implementing measures
23.Modifications to Annexes 1, 2 and 8 of the Directive
24.Form of implementing measure
Signature
SCHEDULE 1
Declaration of Conformity
1.A person who makes a declaration of conformity declares that...
2.A declaration of conformity— (a) must be in writing; and...
3.A declaration of conformity must include— (a) the name and...
4.A declaration of conformity must include the title of the...
SCHEDULE 1A
Conformity Assessment Procedures
PART 1 Internal design control
1.The internal design control procedure
PART 2 Management system
2.The management system procedure
3.The environmental product performance policy
4.Planning
5.Implementation and documentation
6.Checking and corrective action
SCHEDULE 1B
Conformity Assessment Bodies
PART 1 Approval of Conformity Assessment Bodies
1.Approved bodies
2.Approval of conformity assessment bodies
3.Presumption of conformity of approved bodies
4.Monitoring
5.Restriction, suspension or withdrawal of approval
6.Operational matters in relation to approved bodies
7.Subsidiaries and contractors
8.Register of approved bodies
9.UK national accreditation body
PART 2 Approved body requirements
10.(1) A conformity assessment body must be established in Great...
PART 3 Operational obligations of approved bodies
11.(1) An approved body must carry out conformity assessments in...
SCHEDULE 2
CE marking: General requirements
1.A CE marking must be in the following form—
2.A CE marking must have a height of at least...
3.Subject to paragraph 2, if a CE marking is reduced...
SCHEDULE 3
Appeals
1.This Schedule makes provision in respect of appeals against decisions...
2.An appeal must be made within two months of the...
3.Where an appeal is brought, the operation of the decision...
4.(1) The appeal procedure for the purposes of Article 4(7)...
5.An appeal must be heard by the appeal body.
6.Subject to paragraph 7, the appeal body is the body...
7.(1) If no agreement is reached within a reasonable time,...
8.On the determination of an appeal, the appeal body may...
SCHEDULE 4
Warrants and testing costs
PART 1 Warrants
1.If a justice of the peace, on sworn information in...
2.The conditions referred to in paragraph 1are that—
3.A warrant continues in force for one month.
4.Reference to a justice of the peace—
PART 2 Testing costs
5.Costs recovery
6.Notice of intent
7.Making representations and objections
8.Final notice
9.Contents of final notice
10.Appeal
11.Mode of recovery
12.Guidance
13.The market surveillance authority must consult such persons as it...
SCHEDULE 5
Civil sanctions
PART 1 Power to impose civil sanctions
1.Market surveillance authority
PART 2 Compliance notices and variable monetary penalties
2.Imposition of a compliance notice
3.Imposition of a variable monetary penalty
4.Notice of intent
5.Making representations and objections
6.Third party undertakings
7.Final notice
8.Contents of final notice – compliance notice
9.Contents of final notice - variable monetary penalty
10.Appeals against a final notice
11.Criminal proceedings
12.Other offences and penalties
PART 3 Stop notices
13.Stop notices
14.Contents of a stop notice
15.Appeals
16.Completion certificates
17.Compensation
18.Offences
PART 4 Enforcement undertakings
19.Enforcement undertakings
20.Contents of an enforcement undertaking
21.Acceptance of an enforcement undertaking
22.Discharge of an enforcement undertaking
23.Inaccurate, incomplete or misleading information
24.Non-compliance with an enforcement undertaking
PART 5 Non-compliance Penalties
25.Non-compliance penalties
PART 6
26.Withdrawing or amending a notice
PART 7 Appeals
27.Appeals
PART 8 Guidance and publicity
28.Guidance as to use of civil sanctions
29.Consultation on guidance
30.Publication of enforcement action
Explanatory Note