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The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008

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Compliance notice

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14.—(1) Where there are reasonable grounds for suspecting that any of the requirements of Part 2 have not been complied with, the Secretary of State may serve a notice on the producer.

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

(a)state that the Secretary of State suspects a requirement of Part 2 (a “relevant requirement”) has been contravened;

(b)state why the Secretary of State suspects that the relevant requirement has been contravened and specify the goods in respect of which it has been contravened;

(c)require the producer to whom notice is given—

(i)to comply with the relevant requirement; or

(ii)to provide evidence to the Secretary of State demonstrating that the relevant requirement has been complied with;

(d)specify the period of time within which the producer must comply with the notice; and

(e)warn the producer that, unless the requirements of the notice are complied with within the period which it specifies—

(i)where a contravention of regulation 7 is suspected, the Secretary of State may take further action under regulation 15; and

(ii)the producer may be prosecuted.

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