The Construction Products (Amendment etc.) (EU Exit) Regulations 2020

CHAPTER 1 U.K. Offences in relation to the EU Construction Products Regulation

Prohibition on supply etc. U.K.

3.—(1) A person who supplies a construction product in respect of Northern Ireland that is covered by a harmonised standard or conforms to a European Technical Assessment that has been issued for it shall be guilty of an offence unless—

(a) there is supplied with the product a relevant declaration; and

(b) the product has affixed to it the relevant marking as specified in sub-paragraph (2).

(2) For the purposes of sub-paragraph (1)—

(a) a relevant declaration is—

(i) where the product is a UK-assessed product, a declaration of performance for the product drawn up and supplied in accordance with Articles 4, 6 and 7 of the EU Construction Products Regulation (as modified by regulation 4 of these Regulations);

(ii) where the product is an EU-assessed product, a declaration of performance for the product drawn up and supplied in accordance with Articles 4, 6 and 7 of the EU Construction Products Regulation;

(b) the relevant marking is—

(i) where the product is a UK-assessed product, the CE marking accompanied by the UK(NI) indication in accordance with Article 8(2) of the EU Construction Products Regulation (as modified by regulation 4 of these Regulations);

(ii) where the product is an EU-assessed product, the CE marking in accordance with Article 8(2) of the EU Construction Products Regulation.

(3) Sub-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 EU Construction Products Regulation.

(4) A person who supplies a construction product to which—

(a) the CE marking has been affixed in breach of any provision of Article 8 or 9 of the EU Construction Products Regulation, or

(b) the CE marking and accompanying UK(NI) indication has been affixed in breach of Article 8 or 9 of the EU Construction Products Regulation (as modified by regulation 4 of these Regulations),

shall be guilty of an offence.

(5) 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.

Commencement Information

I1 Sch. 3 para. 3 in force at 31.12.2020 immediately before the 2019 Regulations come into force, see reg. 1

Breaches of duty by economic operators U.K.

4.—(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 [F1 district council in Northern Ireland] for the area in which the person is established [F2 or 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.

Textual Amendments

F1 Words in Sch. 3 para. 4(3) substituted (20.7.2022) by The Construction Products (Amendment) Regulations 2022 (S.I. 2022/712), regs. 1(3), 3(2)(b)(i)

F2 Words in Sch. 3 para. 4(3) inserted (20.7.2022) by The Construction Products (Amendment) Regulations 2022 (S.I. 2022/712), regs. 1(3), 3(2)(b)(ii)

Commencement Information

I2 Sch. 3 para. 4 in force at 31.12.2020 immediately before the 2019 Regulations come into force, see reg. 1

Other breaches of the EU Construction Products Regulation U.K.

5.—(1) A person who supplies a construction product in respect of Northern Ireland in relation to which—

(a) there has been a failure to comply with any requirement in a provision of the EU Construction Products Regulation specified in sub-paragraph (2); and

(b) the instructions or information to which the requirement in question relates is not provided with the product at the time of supply,

shall be guilty of an offence.

(2) The provisions of the EU Construction Products Regulation referred to in sub-paragraph (1)(a) are—

(a) Article 11(4) (manufacturer’s duty to provide product identification);

(b) Article 11(5) (manufacturer’s duty to provide contact information etc.);

(c) Article 11(6) (manufacturer’s duty to provide instructions and safety information);

(d) Article 13(3) (importer’s duty to provide contact information etc.);

(e) Article 13(4) (importer’s duty to provide instructions and safety information);

(f) the duties in the first sub-paragraph of Article 14(2) (obligations of distributors) to ensure that a product is accompanied by instructions and safety information, and that the manufacturer and importer have complied with Articles 11(4) and (5) and 13(3) respectively; and

(g) Article 15 (cases in which obligations of manufacturers apply to importers and distributors), insofar as it imposes duties in relation to Article 11(4) to (6).

(3) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I3 Sch. 3 para. 5 in force at 31.12.2020 immediately before the 2019 Regulations come into force, see reg. 1