- Latest available (Revised)
- Original (As made)
The Personal Protective Equipment (Enforcement) Regulations 2018
You are here:
- UK Statutory Instruments
- 2018 No. 390
- PART 2
- Regulation 7
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Status:
There are multiple versions of this provision on screen. These apply to different geographical extents.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.
Changes to legislation:
There are currently no known outstanding effects for the The Personal Protective Equipment (Enforcement) Regulations 2018, Section 7.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
OffencesE+W+S
This section has no associated Explanatory Memorandum
7.—(1) It is an offence for an economic operator to contravene the requirements and obligations set out in—
(a)Article 8 (obligations of manufacturers);
(b)Article 10 (obligations of importers);
(c)Article 11 (obligations of distributors);
(d)Article 13 (identification of economic operators);
(e)Article 16 (general principles of [F1UK] marking); and
(f)Article 17 (rules and conditions for affixing the [F1UK] marking).
(2) It is an offence for an economic operator to fail to—
(a)cooperate with;
(b)provide information to; and
(c)comply with any of the requirements of,
the market surveillance authority acting under Article 38.
(3) It is an offence for an economic operator to fail to take the action required under—
(a)Article 40 (compliant PPE which presents a risk); or
(b)Article 41 (formal non-compliance).
(4) It is an offence for a person—
(a)to intentionally obstruct an enforcement authority acting in the execution or enforcement of EU Regulation 2016/425;
(b)without reasonable cause, to fail to give such an enforcement authority any assistance or information which that person may reasonably require for those purposes;
(c)to knowingly or recklessly furnish to such an enforcement authority any information knowing it to be false or misleading in a material particular; or
(d)to fail to produce a document or record for such an enforcement authority when required to do so.
(5) Proceedings must not be commenced against an economic operator under paragraph (1), (2) or (3) if the economic operator has been given a time period within which to comply or take action, and that time period has not expired.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Word in reg. 7(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 1(6) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1Reg. 7(1) modified (W.) (31.12.2020) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (Wales) Regulations 2020 (S.I. 2020/1489), regs. 1(1), 4(1) (with reg. 4(4))
C2Reg. 7(1) modified (E.) (31.12.2020) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (England) Regulations 2020 (S.I. 2020/1484), regs. 1(1), 4(1) (with reg. 4(4))
C3Reg. 7(1) modified (S.) (1.2.2021) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/50), regs. 1, 4(1) (with reg. 4(4))
C4Reg. 7(3) modified (E.) (31.12.2020) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (England) Regulations 2020 (S.I. 2020/1484), regs. 1(1), 4(2)(3) (with reg. 4(4))
C5Reg. 7(3) modified (W.) (31.12.2020) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (Wales) Regulations 2020 (S.I. 2020/1489), regs. 1(1), 4(2)(3) (with reg. 4(4))
OffencesN.I.
7.—(1) It is an offence for an economic operator to contravene the requirements and obligations set out in—
(a)Article 8 (obligations of manufacturers);
(b)Article 10 (obligations of importers);
(c)Article 11 (obligations of distributors);
(d)Article 13 (identification of economic operators);
(e)Article 16 (general principles of CE marking); and
(f)Article 17 (rules and conditions for affixing the CE marking).
(2) It is an offence for an economic operator to fail to—
(a)cooperate with;
(b)provide information to; and
(c)comply with any of the requirements of,
the market surveillance authority acting under Article 38.
(3) It is an offence for an economic operator to fail to take the action required under—
(a)Article 40 (compliant PPE which presents a risk); or
(b)Article 41 (formal non-compliance).
(4) It is an offence for a person—
(a)to intentionally obstruct an enforcement authority acting in the execution or enforcement of EU Regulation 2016/425;
(b)without reasonable cause, to fail to give such an enforcement authority any assistance or information which that person may reasonably require for those purposes;
(c)to knowingly or recklessly furnish to such an enforcement authority any information knowing it to be false or misleading in a material particular; or
(d)to fail to produce a document or record for such an enforcement authority when required to do so.
(5) Proceedings must not be commenced against an economic operator under paragraph (1), (2) or (3) if the economic operator has been given a time period within which to comply or take action, and that time period has not expired.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.