PART 2U.K.Market Surveillance and Enforcement

PenaltiesU.K.

8.—(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 [F1EU] 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 [F1EU] declaration of conformity for 10 years and failing to make that document and the technical documentation available to the market surveillance authority on request).

Textual Amendments