PART 2Market Surveillance and Enforcement

Penalties8

1

Except for a person who falls within paragraph (3), a person guilty of an offence under these Regulations is liable—

a

on summary conviction—

i

in England and Wales, to a fine or imprisonment for a term not exceeding three months, or to both;

ii

in Scotland and Northern Ireland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months, or to both;

b

on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or to both.

2

A person who falls within paragraph (3) is liable on summary conviction—

a

in England and Wales, to a fine or imprisonment for a term not exceeding three months, or to both;

b

in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months or to both.

3

A person falls within this paragraph, if that person is guilty of an offence under—

a

regulation 7(1)(a) by contravening the requirement in Article 7(3) (failing to keep the technical documentation and the EU declaration of conformity for 10 years); or

b

regulation 7(1)(b) by contravening the requirement in Article 9(8) (failing to keep a copy of the EU declaration of conformity for 10 years and failing to make that document and the technical documentation available to the market surveillance authority on request).