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9.—(1) Notwithstanding the 1998 Regulations, and subject to paragraphs (2) to (6), the enforcing authority for regulations 12 and 13(2) of these Regulations and the Biocides Regulation is the Health and Safety Executive or the Office of Rail Regulation, determined in accordance with the provisions of the 2006 Regulations.
(2) Where a biocidal product or treated article is placed on the market or made available on the market—
(a)in or from any shop, mobile vehicle, market stall or other retail outlet; or
(b)otherwise to members of the public, including by way of free sample, prize or mail order,
the enforcing authority for regulation 12 of these Regulations and for the Articles of the Biocides Regulation listed in paragraph (3) is the local weights and measures authority.
(3) The Articles referred to in paragraph (2) are—
(a)Article 17(1), in so far as it relates to making biocidal products available on the market;
(b)Article 58(2) to (6);
(c)Article 69(1) and (2); and
(d)Article 95(3).
(4) The enforcing authority for Article 72 of the Biocides Regulation is the local weights and measures authority.
(5) Subject to paragraph (6), the 1998 Regulations apply to the enforcement of Article 17(1) (in so far as it relates to the use of biocidal products) and Articles 17(5), 56(1) and (2) of the Biocides Regulation.
(6) The enforcing authority for Article 17(1) (in so far as it relates to the use of biocidal products) and Article 17(5) of the Biocides Regulation—
(a)in respect of any use not related to an activity involving work; or
(b)in respect of any use by a domestic servant in a private household,
is the local authority for the area in which the use occurs.
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