Regulation 4

[F1 SCHEDULE 2 U.K.Construction products enforcement rules – Great Britain

Textual Amendments

F1 Sch. 2 substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 2

Introduction U.K.

1.   The 2013 Regulations are amended in accordance with paragraphs 2 to 14 of this Schedule.

Insertion of new regulation 1A U.K.

2.   After regulation 1 insert—

“Application

1A.   These Regulations apply in England and Wales, and Scotland.”.

Amendments to regulation 2 U.K.

3.— (1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) in the appropriate places insert the following definitions—

““the EU Construction Products Regulation” means Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC as it has effect in EU law as amended from time to time;”;

““UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020;”;

(b) for the definition of “enforcement authority” substitute—

““enforcement authority” means any local weights and measures authority;”.

(3) In paragraph (2), after “the United Kingdom” insert “in respect of Great Britain”;

(4) Omit paragraph (3).

Amendments to regulation 3 U.K.

4.   In regulation 3(1) (competent authority)—

(a) in the words before sub-paragraph (a)—

(i) after “for the United Kingdom” insert “in respect of Great Britain”; and

(ii) omit “of the 2008 Regulation, as it applies to construction products, and”;

(b) in sub-paragraph (b) omit “United Kingdom”.

Substitution of regulation 4 U.K.

5.   For regulation 4 (prohibition on supply etc.) substitute—

“Prohibition on supply etc.

4.— (1) A person who supplies a construction product in respect of Great Britain that is covered by a designated standard or conforms to a UK Technical Assessment that has been issued for it shall be guilty of an offence unless—

(a) there is supplied with the product in accordance with Article 7 of the 2011 Regulation a declaration of performance for the product drawn up in accordance with Articles 4 and 6 of the 2011 Regulation; and

(b) the product has affixed to it the UK marking in accordance with Article 8(1) of the 2011 Regulation.

(2) Paragraph (1) does not apply in the case of a product that is subject to one or more of the derogations in Article 5 of the 2011 Regulation.

(3) Paragraph (1) does not apply where—

(a) Article 16A(2) of the 2011 Regulation applies;

(b) there is supplied with the product in accordance with Article 7 of the 2011 Regulation (as modified by Article 16A(3) of that Regulation) a declaration of performance for the product drawn up in accordance with Articles 4 and 6 of the EU Construction Products Regulation; and

(c) the product has affixed to it—

(i) the CE marking; or

(ii ) the CE marking accompanied by the UK(NI) indication,

in accordance with Article 8(2) of the EU Construction Products Regulation.

(4) A person who supplies a construction product in respect of Great Britain to which the UK marking has been affixed in breach of any provision of Article 8 or 9 of the 2011 Regulation shall be guilty of an offence.

(5) A person who supplies a construction product in respect of Great Britain to which—

(a) the CE marking; or

(b) the CE marking and accompanying UK(NI) indication,

has been affixed in breach of any provision of Article 8 or 9 of the EU Construction Products Regulation shall be guilty of an offence.

(6) A person guilty of an offence under this regulation shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.”.

Amendment to regulation 7 U.K.

6.   Omit regulation 7(4)(b) (ground for further suspension notice).

Amendments to regulation 8 U.K.

7.   In regulation 8 (forfeiture)—

(a) in the heading omit “and Northern Ireland”;

(b) in paragraph (1) omit “or Northern Ireland”;

(c) in paragraph (5)—

(i) omit “or Northern Ireland”;

(ii) omit sub-paragraph (b);

(iii) omit “or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (cases stated by magistrates’ courts)”.

Amendment to regulation 14 U.K.

8.   In regulation 14 (enforcement) omit paragraph (3).

Amendment to regulation 17 U.K.

9.   In regulation 17 (provisions supplemental to regulation 16) omit paragraph (7).

Amendments to regulation 19 U.K.

10.   In regulation 19 (condition for an order requiring products to be released)—

(a) in paragraph (2)(a) omit “or Northern Ireland”;

(b) in paragraph (3) omit sub-paragraph (b);

(c) in paragraph (4)—

(i) omit “or Northern Ireland”;

(ii) omit sub-paragraph (b);

(iii) omit “or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (cases stated by magistrates’ courts)”.

Amendment to regulation 22 U.K.

11.   In regulation 22—

(a) in paragraph (3)(b)(iii) (exception to the restriction on the disclosure of information) for “an” substitute “a retained”;

(b) in paragraph (6), in the definition of “relevant person”, omit “or Northern Ireland department” and “or, in Northern Ireland, any district council”.

Amendment to regulation 26 U.K.

12.   In regulation 26, omit paragraph (3).

Amendments to Schedule 1 U.K.

13.— (1) Schedule 1 (grounds for service of notices in relation to the 2008 Regulation and the 2011 Regulation) is amended as follows.

(2) In paragraph 2(b), (c), (e) and (f), omit “national”.

(3) In paragraph 4, after “Article 29(1)” delete the explanatory text in brackets.

(4) In paragraph 5 after “Article 29(2)” delete the explanatory text in brackets.

(5) In paragraph 6—

(a) in sub-paragraph (a), after “Article 56(1)” delete the explanatory text in brackets;

(b) in sub-paragraph (b), omit “or (8)” and the “or” at the end;

(c) at the end of sub-paragraph (c), for the full stop substitute “; or”;

(d) after sub-paragraph (c), insert—

“(d) Article 59B(2) (other non-compliance in relation to the EU Construction Products Regulation) of the 2011 Regulation.”.

(6) Omit paragraph 7.

(7) In paragraph 8, after “(formal non-compliance)” insert “or 59A(2) (formal non-compliance in relation to the EU Construction Products Regulation)”.

Amendments to Schedule 2 U.K.

14.   In Schedule 2 (suspension notices)—

(a) in paragraph 6 omit “or Northern Ireland”;

(b) in paragraph 7—

(i) omit “or Northern Ireland”;

(ii) at the end of sub-paragraph (a), insert “and”;

(iii) at the end of sub-paragraph (b), for “; and” substitute a full stop;

(iv) omit sub-paragraph (c);

(c) in paragraph 8—

(i) at the end of sub-paragraph (a), insert “and”;

(ii) at the end of sub-paragraph (b), for “; and” substitute a full stop;

(iii) omit sub-paragraph (c);

(d) in paragraph 9—

(i) omit “or Northern Ireland”;

(ii) omit sub-paragraph (b);

(iii) omit “or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (cases stated by magistrates’ courts)”.

(e) in paragraph 11—

(i) at the end of sub-paragraph (a), for the semi-colon substitute a full stop;

(ii) omit sub-paragraphs (b) and (c).

Amendments to Schedule 3 U.K.

15.   In Schedule 3 (prohibition notices), in paragraph 7—

(a) at the end of sub-paragraph (a), for the semi-colon substitute a full stop;

(b) omit sub-paragraphs (b) and (c).

Amendments to Schedule 4 U.K.

16.   In Schedule 4 (notices to warn), in paragraph 5—

(a) at the end of sub-paragraph (a), for the semi-colon substitute a full stop;

(b) omit sub-paragraphs (b) and (c).]