PART 2REQUIREMENTS RELATING TO CONSTRUCTION PRODUCTS
CHAPTER 1Offences in relation to the 2011 Regulation
Other breaches of the 2011 Regulation6
1
A person who supplies a construction product in respect of which—
a
there has been a failure to comply with any requirement in a provision of the 2011 Regulation specified in paragraph (2); and
b
the instructions or information to which the requirement in question relates is not provided with the product at the time of supply,
shall be guilty of an offence.
2
The provisions of the 2011 Regulation referred to in paragraph (1)(a) are—
a
Article 11(4) (manufacturer’s duty to provide product identification);
b
Article 11(5) (manufacturer’s duty to provide contact information etc.);
c
Article 11(6) (manufacturer’s duty to provide instructions and safety information);
d
Article 13(3) (importer’s duty to provide contact information etc.);
e
Article 13(4) (importer’s duty to provide instructions and safety information);
f
the duties in Article 14(2) (obligations of distributors) first sub-paragraph to ensure that a product is accompanied by instructions and safety information, and that the manufacturer and importer have complied with Articles 11(4) and (5) and 13(3) respectively; and
g
Article 15 (cases in which obligations of manufacturers apply to importers and distributors), insofar as it imposes duties in relation to Article 11(4) to (6).
3
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.