The Construction Products (Amendment) Regulations 2022

Amendments to the Construction Products (Amendment etc.) (EU Exit) Regulations 2020

3.—(1) The Construction Products (Amendment etc.) (EU Exit) Regulations 2020(1) are amended in accordance with the following paragraph.

(2) In Schedule 3 (construction products enforcement rules – Northern Ireland)—

(a) in paragraph 1(2) (interpretation) in the definition of “enforcement authority” after “Northern Ireland” insert “or the Secretary of State”;

(b) in paragraph 4(3)—

(i) for “enforcement authority” substitute “district council in Northern Ireland” and,

(ii) after “established” insert “or the Secretary of State”;

(c) in paragraph 10 (duty of enforcement authority to give notice) after “enforcement authority” insert “(except where the Secretary of State is the enforcement authority)”;

(d) in paragraph 17(1), at the beginning insert “Subject to sub-paragraph (1A),”; and

(e) after sub-paragraph (1) of paragraph 17 insert—

“(1A) Where the Secretary of State is acting in their capacity as an enforcement authority the Secretary of State may—

(a) enforce the provisions of Part 2 of this Schedule; and

(b) carry out market surveillance duties under the RAMS Regulation, as it applies to construction products, and under the EU Construction Products Regulation.”.

(1)

S.I. 2020/1359.