Interpretation2

1

In these Regulations, “MSC Regulation” means Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/20112 as it has effect in EU law as amended from time to time.

2

Expressions used in these Regulations which appear in the MSC Regulation have the same meaning as in the MSC Regulation.

3

In these Regulations—

  • “the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 19783;

  • “the 1987 Act” means the Consumer Protection Act 19874;

  • “the 2011 Regulations” means the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 20115;

  • “district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 19726;

  • “enforcer” means—

    1. a

      a district council in Northern Ireland;

    2. b

      the Secretary of State;

    3. c

      the Health and Safety Executive for Northern Ireland;

    4. d

      the Department for the Economy in Northern Ireland;

    5. e

      the Department for Agriculture, Environment and Rural Affairs in Northern Ireland;

    6. f

      the Department for Infrastructure in Northern Ireland;

    7. g

      the Department for Health in Northern Ireland;

    8. h

      the Department of Justice in Northern Ireland;

    9. i

      the Utility Regulator;

    10. j

      the Chief Constable of the Police Service of Northern Ireland;

    11. k

      Ofcom;

  • “enforcer” includes—

    1. a

      an officer of an enforcer;

    2. b

      where the enforcer’s legislation makes provision for—

      1. i

        the appointment of an inspector, an inspector so appointed by the enforcer; or

      2. ii

        the appointment or authorisation of a person to exercise market surveillance powers on the enforcer’s behalf, the person so appointed or authorised by the enforcer;

    3. c

      an enforcer (A) who does not have a power or a duty to enforce the enforcer’s legislation in respect of a particular product but with whom the enforcer in respect of that product (B) has entered into an agreement such that A will carry out an enforcement duty that applies to B;

  • “enforcer’s legislation” means the legislation provisions of which are referred to in regulation 6 and which is referred to in regulation 7, and in relation to a particular enforcer means—

    1. a

      legislation which, by virtue of a provision listed in regulation 6, the enforcer has a duty or power to enforce; and

    2. b

      in relation to an enforcer listed in Column 1 of the table in regulation 7, the legislation in the corresponding entry in Column 2;

  • “officer”, in relation to an enforcer, means—

    1. a

      an inspector appointed by the enforcer to exercise powers under Schedule 1, or authorised to do so;

    2. b

      an officer of the enforcer appointed by the enforcer to exercise powers under this Schedule 1, or authorised to do so;

    3. c

      an employee of the enforcer (other than an inspector or officer) appointed by the enforcer to exercise powers under Schedule 1, or authorised to do so; or

    4. d

      a person (other than an inspector, officer or employee of the enforcer) authorised by the enforcer to exercise powers under Schedule 1;

    but references in these Regulations to an officer in relation to a particular power only cover a person within sub-paragraphs (a) to (d) if and to the extent that the person has been appointed or authorised to exercise that power;

  • “non-compliance” means—

    1. a

      a contravention of an obligation placed on an economic operator by, or under, the MSC Regulation or the enforcer’s legislation; or

    2. b

      a product presenting a risk.