The Electromagnetic Compatibility Regulations 2006

PART VII MISCELLANEOUS AND SUPPLEMENTAL

Service of documents

61.—(1) Any document required or authorised by these Regulations to be served on a person may be so served—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;

(b) if the person is a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary or clerk of that body; or

(c) if the person is a partnership, by serving it in accordance with sub-paragraph (a) on a partner or on a person having control or management of the partnership business; or

(d) if the person is an unincorporated body, by serving it in accordance with sub-paragraph (a) on a person having control or management of that body.

(2) For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978(1) (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that—

(a) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal place of business in the United Kingdom of the partnership;

(b) in the case of service on a body registered in the United Kingdom or its secretary or clerk, it shall be the address of the registered office or principal place of business in the United Kingdom of the body; and

(c) in the case of service on a body that is not registered in the United Kingdom, it shall be the address of the principal place of business in the United Kingdom of the body.

Duty of enforcement authority to inform the Secretary of State of action taken

62.  An enforcement authority shall, where action has been taken by it to prohibit or restrict the supply or taking into service (whether under these Regulations or otherwise) of any apparatus, immediately inform the Secretary of State of the action taken, and the reasons for it.

Savings for certain privileges

63.—(1) Nothing in these Regulations shall be taken as requiring any person to produce any documents or records if he would be entitled to refuse to produce those documents or records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any documents or records which are in the possession of a person who would be so entitled.

(2) Nothing in these Regulations shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person’s spouse or civil partner.

(3) Sub-section (1) of section 14 of the Civil Evidence Act 1968(2) (which relates to the privilege against self-incrimination) shall apply to the right conferred by paragraph (2) as it applies to the right described in sub-section (1) of that section; but this paragraph does not extend to Scotland.

(4) In Northern Ireland sub-section (1) of section 10 of the Civil Evidence Act (Northern Ireland) 1971 shall apply to the right conferred by paragraph (2) as it applies to the right described in that sub-section.

Savings for action taken under other enactments

64.  Nothing in these Regulations shall be construed as preventing the taking of any action in respect of any apparatus under the provisions of any other enactment.

Consequential amendments

Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004

65.—(1) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004(3) is amended as follows.

(2) In Schedule 1, for the words “The Electromagnetic Compatibility Regulations 2005” substitute “The Electromagnetic Compatibility Regulations 2006”.

(1)

1978 c.30.

(2)

1968 c.64.

(3)

S.I. 2004/693.