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Textual Amendments
F1Sch. 12 substituted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), reg. 1, Sch. 1 (with regs. 2(1), 15)
11.—(1) Where, having carried out an evaluation under paragraph 8, the Executive finds that, although a civil explosive is in conformity with Part 13 it presents a risk, the Executive must require a relevant economic operator to take appropriate measures to—
(a)ensure that the civil explosive concerned, when placed on the market, no longer presents a risk;
(b)withdraw the civil explosive within a prescribed period; or
(c)recall the civil explosive within a prescribed period.
(2) Where the Executive takes measures under sub-paragraph (1), it must notify the Secretary of State immediately.
F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) [F3The notice referred to in sub-paragraph (2)] must include details about the civil explosive and, in particular—
(a)the data necessary for the identification of the civil explosive concerned;
(b)the origin and the supply chain of the civil explosive;
(c)the nature of the risk involved; and
(d)the nature and duration of the measures taken by the Executive.
(5) In this paragraph, “prescribed period” means a period which is—
(a)prescribed by the Executive; and
(b)reasonable and commensurate with the nature of the risk presented by the civil explosive.]
Textual Amendments
F2Sch. 12 para. 11(3) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 32(i) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Sch. 12 para. 11(4) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 32(j) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)