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

Enforcement notice

15.—(1) Where the Secretary of State serves a compliance notice on a producer on the grounds of a suspected contravention of regulation 7 and—

(a) the producer fails to comply with a requirement in the compliance notice to comply with regulation 7; or

(b) notwithstanding any evidence which the producer has provided in response to a requirement in the compliance notice to provide evidence demonstrating compliance with regulation 7, the Secretary of State has reasonable grounds for suspecting that the contravention has occurred and is continuing,

the Secretary of State may serve a further notice on the producer.

(2) A notice served under paragraph (1) (an “enforcement notice”) shall—

(a) specify the goods in respect of which the Secretary of State considers that regulation 7 has been contravened (the “infringing goods”);

(b) state, in relation to the infringing goods—

(i) why the Secretary of State considers that the producer has contravened regulation 7; and

(ii) any respect in which the Secretary of State considers that the producer has failed to comply with a compliance notice;

(c) specify the date, not less than 21 days from the date of the notice, by which the producer is required to comply with the notice; and

(d) state the judicial remedies available to the producer and the time limits to which those remedies are subject.

(3) An enforcement notice may—

(a) require the infringing goods to be withdrawn from the market; or

(b) prohibit or restrict the putting on the market of the infringing goods.