The Construction Products (Amendment) Regulations 2022

Amendments to the Construction Products Regulations 2013

2.—(1) The Construction Products Regulations 2013(1) are amended in accordance with the following paragraphs.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1) in the definition of “enforcement authority” after “local weights and measures authority” insert “or the Secretary of State”;

(b) in paragraph (2) omit “to the Secretary of State or”.

(3) In regulation 3(1)(a) (competent authority) omit “the Secretary of State or”.

(4) In regulation 5(3) (breaches of duty by economic operators)—

(a) for “enforcement authority” substitute “local weights and measures authority” and,

(b) after “established” insert “or the Secretary of State”.

(5) In regulation 10 (duty of enforcement authority to give notice) after “enforcement authority” insert “(except where the Secretary of State is the enforcement authority)”.

(6) In regulation 14—

(a) in paragraph (1), at the beginning insert “Subject to paragraph (1A),”;

(b) after paragraph (1) insert—

“(1A) If 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; and

(b) carry out market surveillance duties under the 2008 Regulation, as it applies to construction products, and under the 2011 Regulation.”.

(1)

S.I. 2013/1387, to which relevant amendments were made by S.I. 2019/465 and 2020/1359.