PART 6Enforcement

Defective Equipment25

1

The Secretary of State may—

a

direct an economic operator to withdraw or recall defective equipment from the F1United Kingdom market;

b

prohibit or restrict the extent to which an economic operator may place defective equipment on the F2United Kingdom market; or

c

prohibit or restrict the use of defective equipment on ships.

2

Before issuing a direction, prohibition or restriction, the Secretary of State must notify any economic operator in writing and give the economic operator, not less than 10 days, to make written representations.

3

The Secretary of State may withdraw or vary a direction, prohibition or restriction.

4

In this regulation—

“defective equipment” means equipment to which regulation 5(1) applies that is specified in Annex 1 of Merchant Shipping Notice MSN 1874 F3Amendment 3F4or Annex 6 of Merchant Shipping Notice MSN 1874 Amendment 3 and complies with applicable international standards, but which, in the opinion of the Secretary of State—

  1. a

    may compromise the health and safety of the ship's crew, passengers or other persons; or

  2. b

    adversely affect the marine environment.