Regulation 55(3), 57(1)
1. For the purposes of enforcing these Regulations, the following sections of the 1987 Act apply subject to the modifications in paragraph 2—
(a)section 13 (prohibition notices and notices to warn),
(b)section 14 (suspension notices),
(c)section 16 (forfeiture: England, Wales and Northern Ireland),
(d)section 17 (forfeiture: Scotland),
(e)section 18 (power to obtain information),
(f)section 29 (powers of search etc),
(g)section 30 (provisions supplemental to s 29),
(h)section 31 (power of customs officer to detain goods),
(i)section 33 (appeals against detention of goods),
(j)section 34 (compensation for seizure and detention),
(k)section 35 (recovery of expenses of enforcement),
(l)section 37 (power of Commissioners for Revenue and Customs to disclose information)),
(m)section 45 (interpretation),
(n)section 46(1) (meaning of “supply”), and
(o)Schedule 2 (prohibition notices and notices to warn).
2. The sections of the 1987 Act referred to in paragraph 1 are to apply as if—
(a)in section 13—
(i)in subsection (1), “relevant” were omitted on each occasion that it appears,
(ii)for “unsafe”, on each occasion that it appears, there were substituted “ non-compliant ”,
(iii)in subsection (2), the words from “; and the Secretary of State may” to the end were omitted, and
(iv)subsections (4) to (7) were omitted;
(b)in section 14—
(i)in subsection (1), after “any safety provision has been contravened in relation to any goods”, there were inserted “ or that such goods present a risk ”,
(ii)in subsection 2(b), after “a safety provision has been contravened in relation to the goods”, there were inserted “ or that such goods present a risk ”,
(iii)in subsection (2)(c), “under section 15 below” were omitted, and
(iv)subsections (6) to (8) were omitted;
(c)in section 16—
(i)in subsection (1), after “a contravention in relation to the goods of a safety provision”, there were inserted “ or that such goods present a risk ”,
(ii)for subsection 2(b) there were substituted—
“(b)where an application with respect to some or all of the goods has been made to a magistrates' court under regulation 73 (appeals against notices) of the 2017 Regulations or section 33, to that court; and”,
(iii)in subsection (3), after “a contravention in relation to the goods of a safety provision”, there were inserted “ or that such goods present a risk ”,
(iv)after subsection (4), there were inserted—
“(4A) A court may infer for the purposes of this section that any goods present a risk, if it is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”,
(v)in subsection (6), the words “Subject to subsection (7) below,” were omitted, and
(vi)subsection (7) were omitted;
(d)in section 17—
(i)in subsection (1), after “a contravention of a safety provision”, there were inserted “ or where the goods present a risk ”,
(ii)in subsection (6), after “a contravention in relation to those goods of a safety provision”, there were inserted “ or that those goods present a risk ”, and
(iii)after subsection (7), there were inserted—
“(7A) The sheriff may infer for the purposes of this section that any goods present a risk, if the sheriff is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”;
(e)in section 18, subsections (3) and (4) were omitted;
(f)in section 29—
(i)in subsection 4(a), after “any contravention of any safety provision in relation to the goods”, there were inserted “ or whether the goods present a risk ”; and
(ii)in subsection 4(b), after “any such contravention”, there were inserted “ or whether the goods present a risk ”;
(g)in section 30—
(i)at the end of subsection (2)(a)(ii), for “and” there were substituted “ or ”,
(ii)after subsection (2)(a)(ii), there were inserted—
“(iii)that any goods which any officer has power to inspect under section 29 are on any premises and their inspection is likely to demonstrate that they present a risk; and”, and
(iii)subsections (5), (7) and (8) were omitted;
(h)in section 31(1), for “Part II of this Act”, there were substituted “ the 2017 Regulations ”,
(i)in section 34—
(i)omit the word “and” at the end of subsection (1)(a), and
(ii)after that subsection, insert—
“(aa)the goods do not present a risk; and”,
(j)in section 37(1), for “Part II of this Act”, there were substituted “ the 2017 Regulations ”,
(k)in section 45(1)—
(i)the definitions of “conditional sale agreement”, “gas”, “motor vehicle”, “personal injury”, “subordinate legislation” and “substance” were omitted,
(ii)before the definition of “aircraft”, there were inserted—
““the 2017 Regulations” means the Radio Equipment Regulations 2017;”,
(iii)for the definition of “enforcement authority” there were substituted—
““enforcement authority” means an enforcing authority as defined in regulation 2(1) of the 2017 Regulations;”,
(iv)for the definition of “goods” there were substituted—
““goods” means radio equipment within the scope of the 2017 Regulations;”,
(v)after the definition of “motor vehicle”, there were inserted—
““non-compliant” in relation to any goods means that—
(a)a safety provision has been contravened in relation to the goods; or
(b)the goods present a risk”,
(vi)after the definition of “ premises” there were inserted—
““present a risk” means present a risk where “risk” has the meaning set out in regulation 2(5) of the 2017 Regulations;”,
(vii)for the definition of “safety provision” there were substituted—
““safety provision” means any provision of the 2017 Regulations;”, and
(viii)for the definition of “safety regulations” there were inserted—
““safety regulations” means the 2017 Regulations;”,
(l)in section 46(1), there were omitted from “and, in relation to gas or water” to the end; and
(m)in Schedule 2—
(i)for “unsafe”, on each occasion that it appears, there were substituted “ non-compliant ”, and
(ii)for “safe”, on each occasion that it appears, there were substituted “ not non-compliant ”.
3. Schedule 5 to the Consumer Rights Act 2015 (investigatory powers etc) M1 applies to OFCOM as if—
(a)OFCOM were a domestic enforcer within the meaning of that Schedule, and
(b)the enforcer's legislation within the meaning of that Schedule, in relation to OFCOM, were the legislation and notices which, by virtue of regulation 56(1)(a)(i) or (b)(i), OFCOM has a duty or power to enforce.
4.—(1) An enforcing authority may serve a compliance notice on a relevant economic operator in respect of radio equipment if the authority has reasonable grounds for believing that there is non-compliance.
(2) A compliance notice must—
(a)require the relevant economic operator on which it is served to—
(i)end the non-compliance within such period as may be specified in the notice, or
(ii)provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the enforcing authority that the non-compliance has not in fact occurred, and
(b)warn the economic operator that, if the non-compliance persists beyond, or if satisfactory evidence has not been produced within, the period specified in the notice, further action may be taken in respect of the radio equipment or any radio equipment of the same type made available on the market by that relevant economic operator.
(3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.
(4) Subject to sub-paragraph (5), an enforcing authority may revoke or vary a compliance notice by serving a notification on the economic operator.
(5) An enforcing authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
5.—(1) An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of radio equipment if the authority has reasonable grounds for believing that—
(a)the radio equipment has been made available on the market, and
(b)there is non-compliance.
(2) A withdrawal notice must prohibit the relevant economic operator from making the radio equipment available on the market without the consent of the enforcing authority.
(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the radio equipment.
(4) A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any radio equipment referred to in the notice.
(5) A consent given by the enforcing authority pursuant to a withdrawal notice may impose such conditions on the making available on the market of the radio equipment as the enforcing authority considers appropriate.
(6) Subject to sub-paragraph (7), an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.
(7) An enforcing authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
(8) A withdrawal notice has effect throughout the United Kingdom.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
5.—(1) An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of radio equipment if the authority has reasonable grounds for believing that—
(a)the radio equipment has been made available on the market, and
(b)there is non-compliance.
(2) A withdrawal notice must prohibit the relevant economic operator from making the radio equipment available on the market without the consent of the enforcing authority.
(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the radio equipment.
(4) A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any radio equipment referred to in the notice.
(5) A consent given by the enforcing authority pursuant to a withdrawal notice may impose such conditions on the making available on the market of the radio equipment as the enforcing authority considers appropriate.
(6) Subject to sub-paragraph (7), an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.
(7) An enforcing authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
(8) A withdrawal notice has effect throughout [F1Northern Ireland].
Extent Information
E3This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F1Words in Sch. 10 para. 5(8) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 8(4)
6.—(1) The enforcing authority may serve a recall notice on a relevant economic operator in respect of radio equipment if the authority has reasonable grounds for believing that—
(a)the radio equipment has been made available to end-users, and
(b)there is non-compliance.
(2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the radio equipment from end-users to the relevant economic operator or another person specified in the notice.
(3) A recall notice may—
(a)require the relevant economic operator to—
(i)contact end-users in order to inform them of the recall, to the extent that it is practicable to do so,
(ii)publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the radio equipment poses and the fact of the recall, or
(iii)make arrangements for the collection or return of the radio equipment from end-users or its disposal, or
(b)impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the radio equipment.
(4) In determining what requirements to include in a recall notice, the enforcing authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.
(5) A recall notice may only be issued by the enforcing authority where—
(a)other action which it may require under these Regulations would not suffice to address the non-compliance,
(b)the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance,
(c)the enforcing authority has given not less than 10 days' notice to the relevant economic operator of its intention to serve such a notice, and
(d)the enforcing authority has taken account of any advice obtained under sub-paragraph (6).
(6) A relevant economic operator which has received notice from the enforcing authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such person as the Institute determines on the questions of—
(a)whether there is non-compliance, and
(b)whether the issue of a recall notice would be proportionate.
(7) Sub-paragraph (5)(b), (c) and (d) do not apply in the case of radio equipment presenting a serious risk requiring, in the view of the enforcing authority, urgent action.
(8) Where a relevant economic operator requires the enforcing authority to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the enforcing authority.
(9) In this paragraph, “Institute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.
(10) A recall notice served by the enforcing authority may require the relevant economic operator to keep the authority informed of the whereabouts of radio equipment to which the recall notice relates, so far as the relevant economic operator is able to do so.
(11) Subject to sub-paragraph (12), an enforcing authority may revoke or vary a recall notice by serving a notification on the economic operator.
(12) An enforcing authority may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
(13) A recall notice has effect throughout the United Kingdom.
Extent Information
E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
6.—(1) The enforcing authority may serve a recall notice on a relevant economic operator in respect of radio equipment if the authority has reasonable grounds for believing that—
(a)the radio equipment has been made available to end-users, and
(b)there is non-compliance.
(2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the radio equipment from end-users to the relevant economic operator or another person specified in the notice.
(3) A recall notice may—
(a)require the relevant economic operator to—
(i)contact end-users in order to inform them of the recall, to the extent that it is practicable to do so,
(ii)publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the radio equipment poses and the fact of the recall, or
(iii)make arrangements for the collection or return of the radio equipment from end-users or its disposal, or
(b)impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the radio equipment.
(4) In determining what requirements to include in a recall notice, the enforcing authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.
(5) A recall notice may only be issued by the enforcing authority where—
(a)other action which it may require under these Regulations would not suffice to address the non-compliance,
(b)the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance,
(c)the enforcing authority has given not less than 10 days' notice to the relevant economic operator of its intention to serve such a notice, and
(d)the enforcing authority has taken account of any advice obtained under sub-paragraph (6).
(6) A relevant economic operator which has received notice from the enforcing authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such person as the Institute determines on the questions of—
(a)whether there is non-compliance, and
(b)whether the issue of a recall notice would be proportionate.
(7) Sub-paragraph (5)(b), (c) and (d) do not apply in the case of radio equipment presenting a serious risk requiring, in the view of the enforcing authority, urgent action.
(8) Where a relevant economic operator requires the enforcing authority to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the enforcing authority.
(9) In this paragraph, “Institute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.
(10) A recall notice served by the enforcing authority may require the relevant economic operator to keep the authority informed of the whereabouts of radio equipment to which the recall notice relates, so far as the relevant economic operator is able to do so.
(11) Subject to sub-paragraph (12), an enforcing authority may revoke or vary a recall notice by serving a notification on the economic operator.
(12) An enforcing authority may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
(13) A recall notice has effect throughout [F2Northern Ireland].
Extent Information
E4This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F2Words in Sch. 10 para. 6(13) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 8(4)
7. In this Schedule, “non-compliance” means that the radio equipment—
(a)presents a risk, or
(b)is not in conformity with Part 2 or RAMS (in its application to radio equipment).