[F1Offence in relation to the UK(NI) indicationN.I.
25.—(1) Where an enforcement authority finds that the UK(NI) indication—
(a)has not been affixed, in contravention of regulation 22; or
(b)has been affixed otherwise in accordance with regulation 22
it must require a manufacturer to put an end to the non-compliance within such reasonable period as the authority specifies.
(2) Until the specified period has elapsed, the enforcement authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the manufacturer in respect of the non-compliance referred to in paragraph (1).
(3) Where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcement authority must take appropriate measures to—
(a)restrict or prohibit the appliance or fitting being available on the market;
(b)ensure that the appliance or fitting is withdrawn;
(c)ensure that the appliance or fitting is recalled.
(4) It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice that relates to the UK(NI) indication served on that person under these Regulations.
(5) A person guilty of an offence under paragraph (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) This regulation does not apply where an appliance or fitting presents a risk.]
Textual Amendments