The Personal Protective Equipment Regulations 2002

Regulations 2(2), 16(1) (2) and (3)

SCHEDULE 10 ENFORCEMENT

1.  For the purposes of providing for the enforcement of these Regulations—

(a) it shall be the duty of the following authorities to enforce these Regulations within their area—

(i) in Great Britain, weights and measures authorities; and

(ii) in Northern Ireland, every district council;

and “enforcement authority” shall be construed accordingly;

(b) section 13 of the 1987 Act (prohibition notices and notices to warn) shall (to the extent that it does not already do so) apply as if references to goods were references to PPE as the context may require and in its sub-section (4), for “six months” there was substituted “three months”;

(c) sections 14 to 18, 28 to 35, 37, 38, 44 and 47 of the 1987 Act shall apply as if—

(i) references to safety provisions were references to these Regulations;

(ii) references to goods were references to PPE as the context may require;

(iii) in section 14, in sub-section (6), for “six months” there were substituted “three months”;

(iv) in sections 28, 29, 30, 33, 34 and 35, the words “or any provision made by or under Part III of this Act” on each occasion that they occur, were omitted;

(v) in section 28, sub-sections (3), (4) and (5) were omitted;

(vi) in section 29, sub-section (4) was omitted;

(vii) in section 30, sub-sections (7) and (8) were omitted; and

(viii) in section 38(1), paragraphs (a) to (b) were omitted;

(d) in England, Wales and Northern Ireland, a magistrates' court may try an information (in the case of England and Wales) or a complaint (in the case of Northern Ireland) in respect of an offence committed under these Regulations if (in the case of England and Wales) the information is laid or (in the case of Northern Ireland) the complaint is laid within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.

2.  An enforcement authority shall, where action has been taken by it to prohibit or restrict the placing on the market of any product to which these Regulations apply which bears the CE marking, forthwith inform the Secretary of State of the action taken and the reasons for it with a view to this information being passed by the Secretary of State to the Commission.

3.  Nothing in these Regulations shall authorise an enforcement authority to bring proceedings in Scotland for an offence.