Consumer Safety Act 1978

Special procedure

14 Paragraphs 8 to 13 of this Schedule shall not apply to a notice which contains a statement that the Secretary of State considers that the risk of danger connected with the goods to which the notice relates is such that the notice must come into force without delay; and references to a notice in paragraphs 15 to 18 of this Schedule are to a notice containing such a statement.

15 A notice in respect of any goods must—

(a) state that, for the reasons set out in the notice, the Secretary of State considers that the goods are not safe ; and

(b) state that the trader may, at such time as the trader thinks fit, make representations in writing to the Secretary of State for the purpose of satisfying him that the goods are safe.

16 If representations in writing about a notice are made by the trader to the Secretary of State it shall be the duty of the Secretary of State to consider the representations and either to revoke the notice and to inform the trader that he has revoked it or—

(a) to appoint a person to consider the representations; and

(b) to serve on the trader a notification stating that he may make to the person appointed oral representations for the purpose mentioned in the preceding paragraph and specifying the place and time (which, except with the agreement of the trader, must not be before the expiration of 21 days beginning with the date of service of the notification) at which the oral representations may be made ;

and the trader or his representative may at that place and time make to the person appointed oral representations for the purpose aforesaid and may call and examine witnesses in connection with the representations.

17 The person appointed in pursuance of the preceding paragraph to consider written representations with respect to any goods shall, after considering the representations, any oral representations made in pursuance of that paragraph with respect to the goods and any statements made by witnesses in connection with the oral representations, make a report (including recommendations) to the Secretary of State about the representations and the notice in question.

18 Where the Secretary of State has appointed a person in pursuance of paragraph 16 of this Schedule to consider any representations relating to a notice then, without prejudice to the operation of paragraphs 19 and 20 of this Schedule, paragraphs 16 and 17 of this Schedule shall not apply to any subsequent representations in writing about the notice.