SCHEDULE 3Construction products enforcement rules – Northern Ireland
PART 2REQUIREMENTS RELATING TO CONSTRUCTION PRODUCTS
CHAPTER 1Offences in relation to the EU Construction Products Regulation
Breaches of duty by economic operatorsI14
1
A person to whom sub-paragraph (2) applies shall be guilty of an offence.
2
This sub-paragraph applies in respect of Northern Ireland to the following persons—
a
a manufacturer who fails to comply with any requirement of Article 11(7) (manufacturer’s duty to take necessary corrective measures etc.) of the EU Construction Products Regulation;
b
an importer who fails to comply with any requirement of the second sub-paragraph of Article 13(2) (importer’s duty not to place non-conforming or non-compliant product on the market etc.) of the EU Construction Products Regulation;
c
an importer who fails to comply with any requirement of Article 13(7) (importer’s duty to take necessary corrective measures etc.) of the EU Construction Products Regulation;
d
a distributor who fails to comply with any requirement of the second sub-paragraph of Article 14(2) (distributor’s duty not to make non-conforming or non-compliant product available etc.) of the EU Construction Products Regulation; and
e
a distributor who fails to comply with any requirement of Article 14(4) (distributor’s duty to take necessary corrective measures etc.) of the EU Construction Products Regulation.
3
For the purposes of compliance with the provisions of the EU Construction Products Regulation mentioned in sub-paragraph (2), a reference in that Regulation to the competent national authority or, as the case may be, the market surveillance authorities is a reference to the F1district council in Northern Ireland for the area in which the person is established F2or the Secretary of State.
4
A person guilty of an offence under this paragraph 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.