SCHEDULE 2Test purchases, powers of entry etc and warrants
Test purchases1
1
The market surveillance authority may purchase EEE for the purpose of ascertaining whether the requirements of these Regulations have been complied with in respect of it.
2
If—
a
EEE which has been purchased under sub-paragraph (1) or seized under paragraph 3(1)(c) of this Schedule is submitted to a test;
b
the test leads to the bringing of proceedings for an offence under regulation 37 or the serving of a compliance, enforcement or recall notice; and
c
a person—
i
from whom the EEE was purchased;
ii
who is a party to the proceedings; or
iii
who has an interest in EEE which is identified as an infringing EEE in a compliance enforcement or recall notice,
requests the market surveillance authority to allow that person to have the EEE tested,
the authority must, if it is practicable for such a test to be carried out, allow that person to have the EEE tested.