F1SCHEDULE 2Construction products enforcement rules – Great Britain
Substitution of regulation 45
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.
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