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The Electromagnetic Compatibility Regulations 2005

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Test purchases

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76.—(1) An enforcement authority shall have power, for the purpose of ascertaining whether any relevant apparatus complies with the requirements of regulation 32 above to make, or to authorise an officer of the authority to make, any purchase of electrical apparatus.

(2) Where—

(a)any apparatus purchased under this regulation by or on behalf of any enforcement authority is submitted to a test; and

(b)the test leads to—

(i)the bringing of proceedings for an offence under regulation 85, 86 or 88 below in relation to the apparatus or the forfeiture of apparatus of the same description under regulation 97 or 98 below; or

(ii)the serving of a suspension notice in respect of any apparatus; and

(c)the authority is requested to do so and it is practicable for the authority to comply with the request,

the authority shall allow the person from whom the apparatus was purchased or any person who is a party to the proceedings or has an interest in any apparatus to which the notice relates to have the apparatus tested.

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