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Explanatory Note

(This note is not part of the Regulations)

The Regulations require a person who has, to any extent, control of non-domestic premises to ensure that no notifiable device is situated on the premises unless information specified in the Schedule to the Regulations has been notified in writing to the local authority in whose area the premises are situated (regulation 3(1)). A separate provision is made in respect of information to be notified by a manufacturer pursuant to the requirement in regulation 3(1) (regulation 3(2)). Changes to the information required to be notified under regulation 3(1) or (2) must be notified within one month after their occurrence (regulation 3(3)). Where a device ceases to be, and is no longer intended to remain, a notifiable device that fact must be notified to the local authority concerned as soon as reasonably practicable after the cessation (regulation 3(4)). The requirement in regulation 3(4) of these Regulations will not apply where the operation of a notifiable device is suspended for the purpose of maintenance or by reason of seasonal shutdown (regulation 3(5)).

The Regulations also contain a transitional provision (regulation 4).