PART 6Appeals and Enforcement
Notice of improper drawing up of the EC declaration of conformity or suitability for use for an interoperability constituent42
1
Where the F1Office of Rail RegulationF1Office of Rail and Road or the Health and Safety Executive for Northern Ireland has reasonable grounds for suspecting that the EC declaration of conformity or suitability for use has not been drawn up in accordance with the requirements of regulation 25, it may give notice in writing to any person who made the declaration.
2
A notice which is given under paragraph (1) must—
a
b
specify the respect in which it is so considered and give particulars;
c
require the person who made the declaration to—
i
secure that any interoperability constituent to which the notice relates conforms as regards the provisions concerning the proper drawing up of the declaration within such period as may be specified in the notice; and
d
inform the relevant person that if the non-conformity continues (or if satisfactory evidence of conformity has not been provided) within the period specified in the notice, further action may be taken in respect of that non-conformity under these Regulations.
3
Where a notice has been served under this regulation on a person, the person served must comply or secure compliance with the notice.