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The Batteries and Accumulators (Placing on the Market) Regulations 2008

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This is the original version (as it was originally made).

Compliance notice

This section has no associated Explanatory Memorandum

13.—(1) The Secretary of State may serve a notice on any person who—

(a)places on the market; or

(b)supplies or makes available in the United Kingdom in the course of business,

batteries or appliances which the Secretary of State has reasonable grounds to suspect are infringing goods.

(2) A notice served under paragraph (1) (a “compliance notice”) shall—

(a)identify the alleged infringing goods (the “specified goods”);

(b)state why the Secretary of State suspects that the specified goods are infringing goods;

(c)specify what action the Secretary of State considers the person on whom the notice is served needs to take, or to refrain from taking, in order—

(i)to cause the specified goods to cease to be infringing goods, or

(ii)where it is not possible for them to cease to be infringing goods, to withdraw them from the market or to cease to supply or to make them available in the United Kingdom; and

(d)state that, if that person does not take, or refrain from taking, such action within such period as the notice specifies, and the Secretary of State considers that the specified goods continue to be infringing goods, the Secretary of State may—

(i)take further action under regulation 14; or

(ii)in the case of an alleged contravention of a requirement of Part 2, commence proceedings under regulation 15(1)(a), (b) or (c).

(3) No proceedings shall be commenced against a person under regulation 15(1)(a), (b) or (c) in respect of an alleged contravention of a requirement of Part 2 where—

(a)a compliance notice has been served on that person in respect of the alleged contravention; and

(b)the period specified under paragraph (2)(d) in that notice has not come to an end.

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